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Minnesota Workers Compensation: Benefits For an Injured Employee
If you are hurt during a work accident in Minnesota, there are four main categories of worker’s compensation benefits that you may be eligible for: 1. Minnesota Wage Loss Benefits Minnesota wage loss benefits are the most wide-ranging and complicated benefits of the worker’s compensation system. If a worker is injured on the job and is prevented from working, they may be entitled to “Temporary Total Disability” (TTD) benefits. Minnesota worker’s compensation laws do not define Temporary Total Disability. However, case law has defined it as the inability to hold or find employment caused or substantially contributed to by the work-related injury. These wage loss benefits pay the employee 2/3 of their average weekly wage subject to a maximum amount and a maximum time frame. If the injured employee is able to work—but not in the same capacity and at a lower rate of pay—they may be eligible for “Temporary Partial Disability” (TPD) benefits. This is defined as the reduction in earning capacity caused or substantially contributed to by the work-related injury. For instance, this would apply to a laborer who made $15.00/hour before his injury, and after the injury could only perform “light duty” work for $9.00/hour. Temporary Partial Disability Benefits are calculated based upon 2/3 of the difference between the employee’s average weekly wage on the date of the injury (plus statutory cost of living adjustments), and what the employee is actually able to earn in his or her partially disabled state. This, like Temporary Total Disability benefits, is subject to statewide maximums. In some circumstances, the worker may be eligible for “Permanent Total Disability” (PTD) benefits. The law in Minnesota has changed several times in defining Permanent Total Disability. In addition, whether an employee’s condition is actually permanent often is contingent on the employee’s future improvement by vocational rehabilitation and retraining. There are also separate benefits that will offset Permanent Total Disability benefits, including social security disability benefits, social security retirement benefits, state retirement benefits, PERA benefits, and police and firemen relief association benefits. If an employee suffers a workplace injury that results in death, the employee’s surviving dependents are entitled to dependency benefits. The specific dependency benefit amount depends on several factors, including whether the employee is married and whether the employee has dependent children. 2. Minnesota Medical Treatment Benefits Medical benefits are one of the first claims sought under Minnesota worker’s compensation. The law provides in detail the available medical benefits for injured workers. Disputes often come up regarding the employee’s entitlement to those benefits, and whether the medical benefits are necessary. Generally, in order for medical benefits to be compensated, they must be reasonable, necessary, and causally related to the workplace injury. 3. Minnesota Vocational Rehabilitation Benefits Vocational rehabilitation benefits are available in certain situations for injured workers. (“Physical” rehabilitation is considered medical treatment, and is referenced in “Medical Benefits” above.) The goal of vocational rehabilitation is to restore the injured worker to an economic status as close as possible to that which the employee would have enjoyed without the work related disability. Employees must meet certain criteria to be considered a “qualified employee” who is eligible for these benefits. Generally, it means that the employee is permanently precluded from their usual occupation because of the work injury, has no reasonable expiation of a return to suitable, gainful employment with the employer, and that rehabilitation services can reasonably result in a return to suitable gainful employment. 4. Minnesota Permanent Partial Disability Benefits Permanent Partial Disability benefits are payable for the loss of use of an injured part of the body, or a permanent impairment due to a work-related injury. The amount of these benefits depends on the rating assigned to the injured worker, which is decided based upon a schedule for different types of injuries. It is also important to be aware that no compensation is awarded for pain and suffering in Minnesota worker’s compensation. About the Author
Minnesota personal injury attorneys. The firm’s practice includes workers compensation, pharmaceutical litigation, wrongful death, RSD, car and truck accidents, burn injuries and disability. To learn more about Minnesota work accident attorneys please visit our website.
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