Minnesota Work Comp Lost Wages
The unexpected has happened, you were injured at work, and are now faced with a mountain bills and no income. Unless you purchased some private disability insurance your options may be limited to wage loss benefits provided by the workers compensation system. The good news is that in the state of Minnesota, injured workers have a legal right to wage loss benefits. There are three types of wage loss benefits and each comes with its own set of rules and conditions. The key is understanding the system to ensure your rights are protected and your lost wages are reimbursed.
Types of Wage Loss Benefits In Minnesota
- Temporary Total Disability (TTD) benefits. Generally when workers are injured there is at least a short period of time when they cannot return to work at all. Under these circumstances you may be entitled to 2/3 your average weekly wage (tax free). Your average weekly wage (AWW) is calculated by adding all your wages for the 26 weeks prior to the injury and dividing by the number of weeks you worked in that period. There are several other ways to calculate AWW, but this is by far the most common.
- Temporary Partial Disability (TPD) benefits. After a period of temporary total disability, injured workers often return to the work force. When they return it is not always with the same employer or for the same rate of pay or hours. they are now likely making less money than before they were injured. Under this situation you are entitled to 2/3 the difference between your average weekly wage and your current earnings.
- Permanent Total Disability (PTD) benefits. By far the least likely benefit utilized, permanent total disability benefits are for when an injured worker will never be able to return to any form of gainful employment. This is often the worst case scenario for any employee, but should always be evaluated early because it often draws the most resistance from the insurance company. None of the above wage loss benefits are unconditional. Each benefit requires that the employee prove he or she is under a continued disability from the work injury. This is often accomplished with work restrictions from your treating doctor. Also, each benefit is limited in duration and can have a cap as short as 90 days.
The Minnesota workers compensation attorneys at Heimerl & Lammers will explain your wage loss benefits in more detail. Call us today to set up a free consultation. To reach a work comp lawyer call (612) 294-2200 or (651) 777-1811.