Minnesota Work Comp Wage Benefits
There are several different types of MN work comp wage loss benefits under the Minnesota Workers’ Compensation Act. These wage benefits are intended to replace lost income of an employee who was injured at work.
There are several different types of MN work comp wage loss benefits under the Minnesota Workers’ Compensation Act. These wage benefits are intended to replace lost income of an employee who was injured at work.
•Temporary Partial Disability
Temporary Partial Disability (“TPD”) benefits are available for workers who can work, but make less money then they did at the time of their work injury because of their partially disabled condition. The amount of TPD payments is 2/3 of the difference between the employee’s average weekly wage on the date of injury, and the wage the employee is “able to earn” in his or her temporarily partially disabled condition.
There is no statutory definition of what constitutes Temporary Partial Disability. However, case law has established that an employee must show (1) a work-related injury resulting in disability; (2) the loss of earning capacity is casually related to the work injury; (3) the employee is able to work subject to the disability; and (4) an actual loss of earning capacity. There is a maximum of 225 weeks of TPD benefits, with no benefits 450 weeks after the date of injury.
•Temporary Total Disability
Temporary Total Disability (“TTD”) benefits are available for injured Minnesota workers who are totally disabled from work for a temporary amount of time. This amount of TTD payments 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.
There is a 104 week limitation on the amount of time an employee is eligible to receive TTD benefits for each injury. In addition, TTD benefits will cease 90 days after maximum medical improvement or the completion of an approved retraining course, whichever is later.
•Permanent Total Disability
Permanent Total Disability (“PTD”) benefits are available for MN workers who cannot work at anything other than sporadic employment. The Legislature has stated that:
… “totally and permanently incapacitated” means that the employee’s physical disability, in combination with the employee’s age, education, training and experience, causes the employee to be unable to secure anything more than sporadic employment resulting in an insubstantial income. Minn. Stat. 176.101(5)(b).
There are also several requirements for this benefit, which are complex and require expert medical and vocational opinions to meet.
Resources:
David Whitney is the author of this article on Minneapolis work comp.
Find more information about MN workers compensation here.
