The "Know Your Rights" Guide To Workers' Compensation
Workers' Compensation At A Glance
Helps you return to work as soon as reasonably possible
- Returns you, as closely as possible, to your pre-injury income
- Provides compensation for permanent loss of function or the
inability to earn an income
- Pays part of your wage loss
- Pays for all reasonable medical and vocational rehabilitation costs
- Pays benefits to dependents for a work-related death
What's Covered?
Workers’ compensation covers all physical injuries and
diseases that are caused, or made worse, by your job
duties or work environment. While back injuries are the
most common workplace affliction in Minnesota, others
run the gamut from dismemberment and death to illness
such as respiratory disease or repetitive motion injuries.
Who Pays?
Normally your employer’s work comp insurance
company will cover medical bills, lost wages,
disability and job retraining necessary as a result
of a work injury. There’s no need to prove that your employer
is at fault — or that you are not at fault — to receive work
comp benefits.
You’re Hurt ... Now What?
- Don’t wait! Report the injury to your supervisor
immediately. Your rights may be jeopardized if you
don’t report the injury within statutory deadlines.
- Get medical care ASAP. Then inform your employer of
your medical condition and date of return.
- Your employer must file a First Report of Injury. Look for a
copy from the insurance company as proof that your claim
was properly filed.
- Benefits will be paid (or denied) within 14 days.
What Are Your Benefits?
What you get depends on the severity of your
injury and the amount of time you are away from
work. At a minimum, all reasonable medical bills will
be covered including chiropractic and physical therapy
sessions. Here’s a quick benefits summary:
- If you miss work temporarily...
then you receive two-thirds of your wage loss for up to
130 weeks. This is called Temporary Total Disability (TTD),
and it kicks in if you miss more than three days of work.
However, there is a maximum on this benefit, currently at $850 per week.
- If you return at a lower wage...
then you receive two-thirds of the difference between your
old wage and new wage for up to 225 weeks.
- If your injury is permanent...
then you receive Permanent Partial Disability (PPD)
payments when your physician assigns a disability rating to your injury
- If you never return to work...
then you receive two-thirds of your weekly wages with a
minimum of 65 percent of the statewide average weekly
wage. Referred to as Permanent Total Disability (PTD),
this benefit is capped at the same upper dollar limit as
Temporary Total Disability benefits, but is reduced by
any social security disability benefits, usually payable to age 67.
- If a worker is killed on the job...
then his or her dependents may also be eligible for
wage-loss, burial expenses, and other benefits. There
is a minimum death benefit of $60,000.
- If you need help going back to work...
there are benefits available. First have your doctor
document any work restrictions you might have. Your
company should find a job for you that fits those
restrictions and pays close to your old wage. In some
cases, you may need vocational rehabilitation services
provided by a vocational caseworker (QRC) to assist you in returning to work. You may be entitled to retraining.
What If Somethign Goes Wrong?
Your company’s insurer may refuse to pay by
disputing the seriousness of your injury or by saying it
isn’t job-related. An employer may try to prevent you from
filing your claim, or try to retaliate if you do. Your employer
might not even have workers’ comp insurance.
Here’s what you do:
- If you are already represented, call your attorney and
follow his or her advice.
- If you are not represented, call the claims adjuster. Many
problems can be handled over the telephone.
- Call Sieben, Grose, Von Holtum & Carey if you can’t solve
the dispute. If it appears that you don’t need an attorney, we
will direct you to the appropriate resource free of charge.
If you need representation, go with one of our experienced
workers’ comp attorneys. They’ll help you:
- Document the cause and extent of your job-related
health problem
- Deal with your company and its insurance carrier
- Select health professionals and rehabilitation consultants
who specialize in your situation
- Prepare for arbitration and other proceedings
- Get all of the benefits you deserve
Helpful Hints
- Maintain regular visits to your physician to discuss treatment
choices, job restrictions
- Save copies of all letters, forms, compensation checks and
medical bills
- Keep track of your mileage for vocational, rehabilitation and
medical visits
- Save notes of phone conversations
- Put your social security numbers and date of injury on all
papers and forms sent to the Department of Labor and Industry
- Stay in touch with your employer on your progress and plans
to return to work