Under the Minnesota Workers Compensation Act, some injured workers are eligible to be retrained in a different profession after suffering a work-related injury. “Retraining” in the workers’ compensation context is a formal course of study in a school setting that is designed to train an employee to return to suitable gainful employment. Retraining is different from other types of rehabilitation benefits in that an individual who have been approved to participate in a retraining program is entitled to receive weekly compensation benefits that are equal to temporary total disability benefits, for up to 3 years while participating in the program. If you have any questions regarding retraining please contact us and a Minneapolis workers compensation lawyer can help explain your legal options.

Who is eligible for retraining?
The purpose of retraining is to “train an employee so he may be returned to a job related to his former employment or to a job in another work area which produces an economic status as close as possible to that he would have enjoyed without the disability.” Jerde v. Adolfson & Peterson, 484 N.W.2d 793, 795 (Minn. 1992). The Minnesota Supreme Court has held that retraining is necessary if it will materially assist the employee in restoring an impaired earning capacity. Norby v. Arctic Enter., Inc., 232 N.W.2d 772, 775 (Minn. 1975). Factors to consider in determining whether an employee is eligible for retraining include the following:

1. the reasonableness of retraining compared to the employee’s return to work with the employer or through job placement activities;
2. the likelihood of the employee succeeding in a formal course of study given the employee’s abilities and interests;
3. the likelihood that retraining will result in a reasonably attainable employment; and
4. the likelihood that retraining will produce an economic status as close as possible to that which the employee would have enjoyed without the disability.

Poole v. Farmstead Foods, 42 W.C.D. 970, 978 (1989); Rutledge v. Control Data Corp., slip op. (W.C.C.A. September 20, 1991).

What is the time limit for bringing a claim for retraining?
Minnesota workmans compensation law provides that requests for retraining must be filed before 208 weeks of any combination of temporary total disability or temporary partial disability benefits have been paid.

Employers and insurers have the obligation to notify an employee in writing of this 208 week limitation for filing a request for retraining. The notice must be given before 80 weeks of temporary total disability or temporary partial disability compensation have been paid, regardless of the number of weeks that have elapsed since the date of injury. If the notice is not given before the 80 weeks, the period of time to file a request for retraining is extended by the number of days the notice is late, but in no event may a request be filed later than 225 weeks after any combination of temporary total disability or temporary partial disability compensation have been paid. Please contact us if you need help with medical benefits or wage loss a Minnesota workers compensation attorney at Fields Law Firm is ready to help.

There are several different types of benefits available in Minnesota for injured workers. These are state-mandated benefits by the Legislature that are set forth in the Minnesota Workers’ Compensation Act. The main Minnesota workmans comp benefits are as follows:

Medical Benefits
Workers who suffer a work-related injury may receive medical treatment and their employer and its workers’ compensation insurer must pay for it. There are two requirements for this treatment: (1) the medical treatment must be reasonable and necessary to treat he employee’s conditions; and (2) the medical treatment must be causally related to the work injury. As long as these two conditions are met, employees have a right to choose a doctor to treat them. Employees do not have to treat with a doctor who the workers’ compensation insurance company designates.

Wage Benefits
There are three types of wage loss benefits under the Minnesota Worker Comp Act:

• Temporary Total Disability
Employees who are completely unable to work because of a work injury are entitled to Temporary Total Disability (“TTD”) payments. This amount is calculated based on the employee’s average weekly gross wages from the 26 weeks prior to the work injury. The payment amount is 2/3 of this average weekly wage, and it is capped at $750 per week for injuries that occurred October 1, 2000 to September 30, 2008, and $850 per week for injuries that occur on or after October 1, 2008.

• Temporary Partial Disability
Employees who are able to work—but not as much or at a lesser paying position—are entitled to Temporary Partial Disability (“TPD”) payments. This amount is also calculated based on the employee’s average weekly gross wage for the 26 weeks prior to the injury. The compensation rate is 2/3 of the difference between what the employee earned at the time of the work injury, and what the employee is earning at the lesser paying job.

• Permanent Total Disability
Permanent Total Disability (“PTD”) benefits are available for workers who cannot work at anything other than sporadic employment. There are several requirements to meet this standard, though, which are complex and require expert medical and vocational opinions to meet. In cases where an employee suffers from a permanent and total disability, in addition to paying benefits to the employee, the employer must pay for the reasonable value of nursing services provided by a member of the employee’s family.

Vocational Rehabilitation Benefits
Vocational rehabilitation benefits are available under the Minnesota Workers Compensation Act. These benefits include an initial consultation with Qualified Rehabilitation Consultant (“QRC”). And, for employees who are eligible for rehabilitation benefits, medical case management from the QRC (the QRC comes to your doctor appointments and clarifies work restrictions), job search assistance from the QRC if the employee is not able to return to the same employer after an injury, and, for some employees, retraining benefits if they are not able to return to the same profession. If you have any questions regarding Minnesota disability benefits please contact us and a Minnesota workers compensation lawyer with Fields Law Firm can help.

The state of Minnesota mandates workers compensation benefits to employee who sustain a personal injury or occupational disease arising out of and in the course of their employment in Minnesota, or working for a Minnesota company outside of this state. There are four main types of MN workers compensation benefits:

1. Medical Benefits

Medical treatment is available for injured workers. Injured workers are entitled to choose their own treating doctor and any emergency treatment facility. Nonemergency surgeries must be preapproved by the workers’ compensation insurer.

2. Rehabilitation Benefits

Rehabilitation benefits are available for some employees who sustain an injury at work. These are vocational rehabilitation benefits; physical rehabilitation benefits are available too, but are covered under the medical benefits. The goal of rehabilitation is to return an injured worker to suitable employment after the injury.

3. Wage Loss benefits

There are several wage loss benefits available to injured workers:

• Temporary Total Disability
Employees who are completely unable to work are entitled to Temporary Total Disability payments. The payment amount is 2/3 of an employee’s average weekly wage, and it is capped at $850 per week for injuries that occur on or after October 1, 2008.

• Temporary Partial Disability
Employees who are able to work—but not as much or at a lesser paying position—are entitled to Temporary Partial Disability payments. The compensation rate is 2/3 of the difference between what the employee earned at the time of the work injury, and what the employee is earning at the lesser paying job.

• Permanent Total Disability
Permanent Total Disability benefits are available for workers who cannot work at anything other than sporadic employment.

4. Permanent Partial Disability Benefits

If an employee’s injury has reached maximum medical improvement—meaning the date at which no further significant recover can be anticipated—and part of that injury is permanent in nature, the employee may be entitled to a Permanent Partial Disability payment. The amount of this payment depends on the nature and extent of the employee’s condition, and is set forth in the Minnesota Workers’ Compensation Act.

Minnesota Work Comp Procedure
An insurer will not always approve of these benefits.

If any workers’ compensation benefits are denied, then the employee can file a Claim Petition with the Department of Labor. This initiates a claim for benefits, including wage loss benefits, medical benefits, vocational rehabilitation benefits, disability benefits, and reimbursement for mileage and parking.

An employee can also file a Medical Request if medical treatment is disputed. This can claim that past medical bills be paid, or that recommended medical treatment be approved.

Employees can also request vocational rehabilitation services or payments by filing a Rehabilitation Request with the Department of Labor. Common rehabilitation claims are for QRC services and mileage reimbursement related to job search activities. Please contact us if you have been injured on the job. We have a Minnesota workers compensation attorney ready to help answer any of your questions. There is never any charge to speak to one of our attorneys.