If you were injured at work in Minnesota, you have the right to file a workers’ compensation claim and with the help of a Minneapolis workers’ compensation lawyer to recover benefits to help pay for your medical care, wage loss, and even ongoing limitations.
Disability benefits represent a significant portion of your award, but with so many different disability ratings that you can receive, how do you know whether you are receiving the compensation you deserve? Here is the difference between partial, total, and permanent disability in Minnesota.
When you’re recovering from a work-related injury or illness, temporary disability benefits help replace part of your lost wages. There is a three-day waiting period before these benefits kick in, unless you are off work for at least ten days.
You may qualify for temporary partial disability benefits if you can return to some form of work, but your injury prevents you from earning what you made before. Maybe you’re working fewer hours, or you’ve had to take a lower-paying position because of your limitations. TPD benefits help bridge that gap between your old wages and what you’re currently able to earn.
These benefits are equal to two-thirds of the difference between your pre-injury and post-injury wages. They continue until you’ve received payments for 250 weeks or until 450 weeks have passed since your injury—whichever comes first.
If you’re completely unable to work because of your injury, temporary total disability benefits provide two-thirds of your average weekly wage, up to a maximum amount that adjusts each October based on the statewide average. These benefits stop when you can return to work, 90 days after you reach maximum medical improvement, or after 130 weeks, unless you are participating in an approved retraining program.
Once you’ve healed as much as you can, permanent disability benefits address any lasting impairment that affects your ability to work and live your life. Your doctor will evaluate your condition and assign an impairment rating that determines which category of permanent disability applies to you.
After reaching maximum medical improvement, you will receive a total body impairment rating expressed as a percentage. This rating determines your permanent partial disability benefits, which are calculated by multiplying your impairment rating by a dollar amount listed in Minnesota’s compensation schedule.
You may qualify for permanent total disability benefits if your injury has left you completely and permanently unable to work at anything more than sporadic employment. Minnesota law presumes you qualify if your injury resulted in losing both arms or legs, blindness in both eyes, complete paralysis, or total loss of mental faculties.
If you meet these criteria, PTD benefits continue as long as you remain totally disabled.
The disability classification you receive could shape your financial future after a serious workplace injury. However, insurance adjusters may push for a rating that minimizes their costs rather than accurately reflects your limitations. You need someone in your corner who fights for the benefits that you truly deserve.
A Minnesota workers’ compensation lawyer brings invaluable experience to this process. Your attorney can challenge inadequate medical evaluations, present evidence of how your injury affects your daily life and earning capacity, and argue for reclassification when your condition worsens.
Contact us to a lawyer at Kemmitt, Sanford & Kramer for a free consultation to discuss your disability classification and legal options.
"*" indicates required fields