Sometimes, employers or insurers will tell you that your case is closed to get you to abandon your claim for wage-loss benefits or to submit your medical costs through your major medical health insurance. They do this to save money on your claim, but don’t fall for this deception!

As long as you have benefits available, and you have not signed a settlement agreement giving up your right to future benefits, your claim can be re-opened even if your insurance adjuster tells you that it has been closed.

If your claim has been accepted by your employer and its workers’ compensation insurer or you begin to receive benefits pursuant to an Order from the court, your workers’ compensation claim will stay open as long as you have benefits available.

The availability of benefits depends on many factors. There are four types of benefits under the Minnesota Workers’ Compensation Act including medical benefits, wage loss benefits, rehabilitation services, and permanency.

Each type of Workers’ Compensation benefits has a different time limit, which may vary depending on the date of your work injury:

1.  Medical benefits

Medical benefits are available as long as the medical care you receive is reasonable and necessary to cure or alleviate the effects of your work injury. It doesn’t matter if one year has passed or ten years have passed. It also doesn’t matter if you change employers or move out of the state of Minnesota. As long as the medical care is reasonable and necessary to cure or alleviate the effects of your work injury, you’re covered!

2.  Wage-Loss Benefits

There are different time limits on the different types of wage-loss benefits available under the Minnesota Workers’ Compensation Act.

• Temporary Total Disability (TTD)

For injuries that occurred on 10/1/2008 or later, injured workers can receive up to 130 weeks of TTD. These weeks can be taken consecutively or intermittently. TTD benefits will continue as long as you are completely unable to work due to your work injury or until you reach 90 days post-Maximum Medical Improvement (MMI). MMI is not the point at which you recover but, rather, it’s when your recovery plateaus.

• Temporary Partial Disability (TPD)

Injured workers can receive up to 225 or 275 weeks of TPD (depending on the date of injury). Again, these weeks do not need to be taken consecutively and can be taken intermittently. However, an injured worker can only receive TPD for up to 450 weeks following the date of injury.

• Permanent Total Disability (PTD)

Injured workers can receive PTD through retirement age or until age 72 (depending on the date of injury). Generally, PTD is a wage-loss benefit for injured workers who will never be able to return to work due to their work injury.

3.  Rehabilitation Services

Depending on the how long the employee is expected to be off work, the employee may be eligible for rehabilitation services through a Qualified Rehabilitation Consultant (QRC). These rehabilitation services may be ended when the employee’s rehabilitation plan is complete or 30+ days after the employee returns to work.

4.  Permanency

Permanency is a rating dictated by statute that results in one-time compensation for the loss of use or function related to the work injury. Although permanency is a one-time payment, an injured worker may be entitled to additional permanency over the course of their lifetime if their work-related disability worsens. There is no time limit on when you can receive permanency.

Impact of Settlement

If you settle your claim, then you may have given up your right to bring a claim for certain workers’ compensation benefits in the future. Every settlement agreement is different. If you have questions about whether certain workers’ compensation benefits are still available to you, then you should contact a workers’ compensation attorney to review your settlement agreement with you and determine what claims, if any, are left open by its terms.

Sometimes, a settlement agreement will close out “indemnity” benefits (including wage-loss benefits, rehabilitation services, and permanency), but will leave certain medical benefits open, meaning that you can still bring claims for these benefits. Don’t take the insurance company’s word for it! A workers’ compensation attorney will help you determine which benefits are still available to you.

Conclusion

The time limits for the various work comp benefits available to you vary based on the type of benefit claimed. If a workers’ compensation insurance adjuster tells you that your claim is closed, don’t assume they are telling you the whole story.

The workers’ compensation system is complicated, which is why it is important to consult with an attorney who knows this area of law to ensure that your rights are protected. The attorneys at Meuser, Yackley & Rowland, P.A. can help you navigate these complexities to ensure that you are getting maximum benefit for your claim.

Meuser, Yackley & Rowland, P.A. is actively involved in the legislative session addressing issues that are important to our law enforcement officers & other first responders. Over the past several months Firefighters For Healing worked with Senator Champion and Representative Dehn to draft 2 legislative bills in support of our Transitional Healing Center for first responders, burn survivors and their families connected by skyway to Hennepin Healthcare. We believe that Minnesota first responders deserve a place to stay should they find themselves in the Twin Cities after an injury or medical diagnosis. There is currently a bill on the house floor which provides for funding towards building a 15,000-square-foot Transitional Healing Center that will offer FREE overnight stays in 1-2 bedroom apartment for qualifying first responders and their families seeking medical care whether it’s for work or non-work related illness or injury. Click here to learn more about the bill on the House Floor (HF 3366) and click here to learn about the bill on the Senate Floor (SF 2975).

By May 8, will you please contact Senator Senjem and/or Representative Mary Murphy to show support of these bills that would provide funding for this building and the skyway that would connect it directly to Hennepin Healthcare? Continue reading →

If you own a vehicle in the State of Minnesota, you are required to carry some level of automobile insurance. The State’s minimum is $30,000 for bodily injury per person/$60,000 for bodily injury per accident. So, what does this mean?

If you sustain an injury from a motor vehicle accident due to the negligence or fault of another driver, your limits of recovery are capped by the adverse driver’s policy limits. It can be problematic for you if you sustain a $500,000 injury due to the fault of a driver operating a vehicle with state minimum policy limitations.

Fear not. Your personal insurance can supplement an adverse driver’s insufficient policy limits.

No-Fault Insurance

Minnesota is a no-fault state. All automobile insurance policies issued in the State of Minnesota have a no-fault insurance provision which comes into play should an injury occur arising out of the use of your automobile. Regardless of fault, no-fault insurance is likely the first layer of protection. The State requires a minimum of $40,000 in no-fault benefits; that is, $20,000 for medical costs and $20,000 for lost wages. Medical benefits are automatically paid by your insurer to the appropriate facility or provider. Lost wages are payable to the injured person upon proper documentation of the wage loss.  Some no-fault insurance policies also carry replacement services. If you are unable to perform daily chores due to your injuries, for example, and you have to hire someone to clean your home, your no-fault insurance may pay for these services. You are able to purchase additional no-fault benefits and/or stack no-fault coverages.

There are exceptions to the no-fault rules, however. No-fault usually does not apply to accidents arising out of the use of a motorcycle or snowmobile. If you regularly use a motorcycle or snowmobile, it may be beneficial to purchase separate no-fault coverage.

Underinsured and Uninsured Motorist Insurance

If you sustain an injury in a motor vehicle accident and the at-fault driver’s liability insurance is insufficient to fully compensate you for your past and future medical costs, past and future wage loss, and past and future pain and suffering, you can bring a claim against your own motor vehicle insurance as part of your underinsured motorist coverage.

If you are injured in a motor vehicle accident and the adverse driver does not have insurance on the vehicle or the insurance company denies coverage for any reason, you may be able to bring a claim against your own automobile insurance as part of your uninsured motorist coverage.

Work-related Motor Vehicle Accidents

If you are injured in a motor vehicle accident during the course and scope of your employment, your employer’s workers’ compensation carrier should cover your wage loss and medical costs. In the instance of an accepted claim, it is unlikely your no-fault insurer will pay anything.

Once you are ready to settle the liability portion of your personal injury claim, the workers’ compensation insurer and/or your major medical insurer will have a lien interest in your settlement.  You will need to discuss the insurer’s lien against your settlement with your attorney.

If you are injured in a motor vehicle accident, the attorneys with our firm will ensure you are maximizing your recovery. Call Meuser, Yackley & Rowland, P.A. at 1-877-746-5680 for a free, confidential, no-obligation consultation to discuss your claim. Contact us today.