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Minnesota Workers’ Compensation: What Benefits Can an Injured Employee Get? If you are hurt at work, there are four main types of benefits that you may be entitled to: 1. Minnesota Wage Loss Benefits Wage loss benefits are the most extensive and complicated benefits of workers’ compensation law. If an employee is hurt and cannot work at all, he may be eligible for “Temporary Total Disability” benefits. The workers’ compensation laws do not define Temporary Total Disability. However, cases have defined it as the inability to hold or find employment caused or substantially contributed to by the work injury. These benefits pay the employee 2/3 of his average weekly wage subject to a maximum amount and a maximum time frame. If the employee can work—but not in the same capacity and at a lower rate of pay—he may be entitled to “Temporary Partial Disability” 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 $25.00/hour before his injury, and after the injury could only perform “light duty” work for $15.00/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 employee may be eligible for “Permanent Total Disability” benefits. The law has changed several times in defining Permanent Total Disability. In addition, whether an employee’s condition is actually permanent often depends on the employee’s future improvement by vocational or medial rehabilitation. There are also 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 work-related injury resulting in death, the employee’s surviving dependents are entitled to dependency benefits. The exact amount of the dependency benefits depends on a number of factors, including whether the employee is married and whether the employee has dependent children. 2. Minnesota Medical Benefits Medical benefits are one of the most basic claims sought under workers’ comp. The law provides in detail the available medical benefits for an employee. Disputes often arise regarding the employee’s entitlement to those benefits, and whether the medical benefits are necessary. In general, in order for medical benefits to be compensated, they must be reasonable, necessary, and causally related to the work injury. 3. Minnesota Vocational Rehabilitation Benefits Vocational rehabilitation assistance is in some cases available 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 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 note that no money is awarded for pain and suffering in workers’ compensation.
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Steve Fields is a Minneapolis, Minnesota workers compensation attorney representing clients with serious injuries including car accidents, medical malpractice, workers’ compensation, social security disability and pharmaceutical litigation. He works with clients in Minnesota and throughout the United States. For more information please visit Minnesota workers compensation
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