February 8, 2012

MN Workers Compensation Attorney

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.