Workers’ Compensation in Minnesota
Minnesota workers’ comp (also known as workers’ compensation, workmans comp, and work compensation) gives injured workers a stream of income to replace lost wage, and medical care while they recover from their work-related injuries or illnesses. Minnesota mandates that employers carry workmans comp insurance for their employees. When an injured worker informs an employer of his injury, the employer must report the employee’s accident to the Minnesota Workers’ Compensation Division.
It is advisable to consult a Minnesota workman’s comp attorney to handle your case. Often, the workers’ compensation process is a challenge because an employer is uncooperative, underinsured, uninsured, or your injury is severe or permanent. Sometimes responsibility for the injury is shared—like when there was a third person involved in your accident, or a manufacturer’s faulty product causes your injury. In these cases a work compensation lawyer can best offer you counsel and advice.
Illnesses and Injuries Covered Under Minnesota Workers’ Compensation Law
Accidental Physical Injuries
- Accidents that happen at the worksite in Minnesota fall under the umbrella of Minnesota work compensation insurance.
- Injuries not covered under workers’ comp law in Minnesota include those an employee inflicts on himself, those that occur when a worker is drunk, or those that happen when a worker is under the influence of drugs.
Workplace conditions or exposures that cause an employee’s condition or disease: radiation poisoning, repetitive motions, extreme noises, exposure to toxic chemicals or gases.
Money paid to the dependents of a deceased worker.
The Minnesota Worker’s Comp Claims Process
- Notify Your Boss
The worker should tell his supervisor about his injury immediately. The employer will then complete a First Report of Injury form with the Minnesota Workers’ Compensation Division within 10 days of the employee reporting the injury.
- Get Medical Help Promptly
- Make sure to inform your health care provider that your injury occurred at work
- The employee must complete and provide his employer with a Report of Work Ability form
- Be sure to get in touch with a Minnesota workman’s compensation attorney if you need assistance with your work compensation claim, or if your claim has been rejected.
Benefits Received in Minnesota Under the Workers’ Compensation Program
The following are potential workers’ comp benefits to which an injured worker may be entitled to and should be discussed with a Minnesota workmans comp attorney:
- Medical Treatment: Payments should be made by your employer’s insurer to the worker’s healthcare provider. Hospital bills, physician’s bills, and other medical treatment are covered under workers’ comp insurance.
- Wage Reimbursement: Injured workers will be paid to compensate for lost wages for travel time to and from doctor and hospital visits, and time spent attending medical appointments.
- Funeral: Capped at $15,000.
- Death: A worker who dies of a workplace injury or disease can rest assured that his dependents will receive death benefits under Minnesota work compensation. The calculation of death benefits is incredibly complex, and a Minnesota workers’ compensation lawyer can be a great help when filing for death benefits.
- Vocational Rehabilitation: Vocational rehabilitation is mandatory in Minnesota. Injured workers must complete the training so they can return to a job related to their previous employment or so they can find a new job.
- Income Benefits: the kind of income benefits your receive in Minnesota depends on your injury:
- Temporary Total Disability Benefits (TTD for short): An injured employee is entitled to these benefits when he is temporarily unable to work because of his injury. The employee will weekly receive 2/3 of his average weekly wage, subject to a statutory minimum and maximum.
- Temporary Partial Disability Benefits (or TPD for short): Available when an employee is hurt and cannot do his original job, but he can do some other work. Benefits are calculated by subtracting the wage that the employee can earn in his disabled condition from his average pre-injury weekly wage and multiplying by 2/3.
- Permanent Total Disability Benefits (PTD for short): If a worker is totally unable to work permanently. Permanent Total Disability is subject to minimum compensation of 65% of Minnesota’s average weekly wage.
- Permanent Partial Disability Benefits (PPD for short): Available when an injured employee has reached maximum medical improvement, and can still work, but cannot work in his original capacity at his original job. The amount of the benefit depends on the percentage of loss of function suffered.
Why Hire A Minnesota Workers’ Comp Lawyer?
Because the effect of a rejected workman’s compensation claim can be devastating, it is recommended that you hire a Minnesota workers’ compensation lawyer who understands work compensation policies and procedures. The Minnesotan workers comp attorney can aid you in filing your case on time, arguing your case effectively, and help you to consider the variety of options for compensation after your injury on the job.
Minnesota Workers’ Compensation
Workers’ Compensation statutes in Minnesota are located in the Minnesota Statutes.
- Employers Subject To Workers’ Compensation
- Workers’ Compensation, Chp.176 §§ 21, 31, 41.
- Covered Employees
- Workers’ Compensation, Chp.176 § 21.
- Workers’ Compensation, Chp.176 §§ 95-101.
- Claims Procedure
- Workers’ Compensation, Chp.176 §§141-151.