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.