If you’ve been injured at work in Minnesota, you may wonder how much of your salary you can receive through workers’ compensation benefits. As a Minnesota worker’s compensation attorney, we often ask whether receiving 80% of your pre-injury wages is possible. The answer depends on several factors.
At Mottaz & Sisk Injury and Work Compensation Lawyers, we have years of knowledge and industry experience. Call us at 763-421-8226 today for your free consultation.
Understanding Minnesota Workers’ Compensation Benefits
Workers’ compensation in Minnesota is designed to provide wage replacement and medical benefits to injured employees. These benefits are provided regardless of who was at fault for the injury. Workers’ comp usually pays a portion of your average weekly wage, not your total salary.
Calculating Your Average Weekly Wage
Your average weekly wage must be calculated to determine your workers’ compensation benefit amount. This is typically done by looking at your gross earnings over the 26 weeks before your injury. Gross earnings include hourly wages, overtime, bonuses, and commissions. If you haven’t worked for the employer for 26 weeks, then all your weeks of employment are used to calculate the average.
Temporary Total Disability Benefits
If your work injury prevents you from working while recovering, you may be eligible for temporary total disability (TTD) benefits. TTD benefits are two-thirds (66.67%) of your average weekly wage, subject to minimum and maximum amounts set by law each year. The maximum weekly benefit will increase from $1,312.74 to $1,363.74. The minimum weekly benefit will be $272.75 (20% of the maximum benefit). Annual benefit increases for workers injured on or after Oct. 1, 2013, are limited to a maximum 3% increase.
Temporary Partial Disability Benefits
If you can return to work after an injury but in a limited capacity or at reduced hours, you may qualify for temporary partial disability (TPD) benefits. TPD is two-thirds of the difference between your pre-injury and post-injury wages. For example, if you earned $900 before your injury and can only earn $600, your TPD would be $200 ($900 – $600 = $300, and 2/3 of $300 is $200).
Permanent Partial Disability Benefits
For permanent injuries that are not disabling, you may be entitled to permanent partial disability (PPD) benefits. PPD is paid in addition to TTD or TPD. The amount is determined based on your impairment rating, date of injury and the type of injury..
Maximizing Your Workers’ Comp Benefits
While it may not be possible to get 80% of your exact salary through workers’ comp in Minnesota due to the state’s set limits, there are ways a skilled Minnesota workers’ compensation attorney can help maximize the benefits you do receive:
Ensuring your average weekly wage is calculated correctly
Identifying all available types of benefits you qualify for
Negotiating with the insurer for fair and timely payments
Appealing denied claims or inadequate benefit authorizations
Representing you in a settlement for permanent injuries
An experienced work injury attorney in Minnesota will fight for your right to all benefits you are owed under the law. They can also advise you on the impact of workers’ comp benefits on other sources of income, like social security disability.
Frequently Asked Questions
Can I choose my doctor for a Minnesota workers’ compensation claim?
In most cases, you have the right to choose your treating physician as long as they are authorized to practice in the state. Your workers’ comp lawyer in Minnesota can help you understand your medical rights and options.
How long can I receive wage loss benefits for a work injury in Minnesota?
TTD benefits are paid until you return to work or reach maximum medical improvement (MMI). Permanent total disability benefits are limited to the age 72. TPD benefits depend on your specific circumstances. Consult with your work injury lawyer in Minnesota for case-specific guidance.
What if my workers’ comp claim is denied?
Can I sue my employer instead of filing for workers comp?
How much does it cost to hire a work injury attorney in Minnesota?
Work with a Workers Compensation Lawyer
In summary, getting 80% of your salary through Minnesota workers’ compensation depends on the specific details of your average wages and the severity of your injury. While benefits are subject to state-mandated limits, working with an experienced Minnesota workers’ compensation attorney can help ensure you receive the maximum compensation available for your case. If you need legal guidance after a work injury, contact a lawyer specializing in this area of law for a personalized evaluation. The right attorney near me can make all the difference in securing the benefits you deserve.
Mottaz & Sisk Injury Law has 20+ years of experience dealing with work injury matters. Please call us at 763-421-8226 for a free consultation if you have experienced a work injury.
