Does Minnesota Workers’ Comp Count Your Overtime?
Key Takeaways: In Minnesota, regular or frequent overtime generally must be counted in your workers’ comp weekly wage, but occasional overtime is left out under Minn. Stat. § 176.011, subd. 18. Your weekly wage sets your temporary total disability check, which is generally 66-2/3 percent of that wage, subject to weekly minimums and maximums. Leaving out regular overtime may lower every check and could also lower long-term benefits. Wages from a second job you were regularly working when you got hurt may also count, though the weekly maximum benefit may limit any increase for higher earners. If your check looks low, ask the insurer how it figured your wage and compare that with at least 26 weeks of pay stubs, timecards, and W-2s from before your injury. If the numbers look wrong, you may be able to dispute them by filing a claim petition with the DLI Workers’ Compensation Division or by asking for mediation. You can generally keep cashing your checks while you do.
You got your first wage-loss check, and it’s smaller than you expected. Before you got hurt, you worked overtime most weeks. Now you’re wondering if the insurer left that pay out. Under Minnesota workers’ comp overtime rules, the answer generally depends on how often you worked overtime. Occasional overtime does not count. Overtime that was regular or frequent throughout the year must count. If the insurer left out your regular overtime, every check could be too low.
If your check looks low, you don’t have to sort it out alone. Mottaz & Sisk Injury Law helps injured workers across Anoka County and the north metro from our main office in Coon Rapids. Call 763.314.1112 or request your free case review to have someone look at how the insurer figured your benefits.
What Do Minnesota Workers’ Comp Overtime Rules Say?
Minnesota law treats occasional overtime and regular overtime differently. The weekly wage statute says: "Occasional overtime is not to be considered in computing the weekly wage, but if overtime is regular or frequent throughout the year it shall be taken into consideration." You can read the full text in the Minnesota weekly wage definition at Minn. Stat. § 176.011, subd. 18.
The hard part is deciding which group your overtime falls into. The statute does not set a number of hours or weeks that counts as "regular or frequent." A compensation judge decides based on the facts of each case, and your pay records over time usually show the pattern better than any one week.
What does "regular or frequent" overtime look like?
Overtime that was a normal part of your job usually shows up steadily in your pay stubs. A few examples:
- A warehouse worker who put in extra shifts most weeks all year.
- A construction worker whose crew regularly worked 50-hour weeks.
- A nurse or aide who often picked up overtime shifts because of short staffing.
- A factory worker whose schedule included built-in overtime.
A single busy week or a one-time project usually looks different. That kind of overtime is more likely to count as occasional. Many cases fall somewhere in between, and that’s where disputes tend to start.
How Is Your Weekly Wage Figured in the First Place?
Your benefits start with your weekly wage, which is built from your daily wage. Under Minn. Stat. § 176.011, subd. 18, the weekly wage equals the daily wage times the number of days and partial days you normally worked for the employer. For a full walk-through of the math, see our guide on calculating wage-loss benefits.
What if your hours or schedule were irregular?
If you normally worked fewer than five days a week, or a changing number of days, the law looks back 26 weeks. It takes the days you actually worked in the 26 weeks before your injury and divides them by the number of weeks you worked. Under subd. 3, if your daily pay was irregular or hard to figure out, or you worked part time, the daily wage is also based on the last 26 weeks. Your total earnings in that job, including vacation and holiday pay, are divided by the days you actually worked plus the days covered by that pay.
A few other rules can change your daily wage too. Board or allowances that are part of your wage contract generally count as earnings. Tips paid directly by customers that you did not report to your employer do not count. In construction, mining, and other seasonal work, the weekly wage cannot be less than five times the daily wage.
What if you had a second job?
If you were regularly working for two or more employers when you got hurt, both jobs count. The days worked and earnings from all of those jobs count toward your weekly and daily wage. Leaving out a second job is another common mistake.
How Can Missing Overtime Lower Your Workers’ Comp Check?
A wage mistake may lower your check every week until someone fixes it. Temporary total disability benefits are generally 66-2/3 percent of your weekly wage at the time of injury under Minn. Stat. § 176.101, subd. 1(a), subject to legal minimums, maximums, and time limits. So every dollar of regular overtime wrongly left out may lower your weekly check by about two-thirds of a dollar, unless you are already at the weekly maximum.
| Weekly wage used | Approximate weekly TTD check |
|---|---|
| $1,000 (overtime left out) | About $667 |
| $1,300 (regular overtime included) | About $867 |
The difference adds up. In this example, a $300 gap in the weekly wage costs about $200 a week, which could mean thousands of dollars over several months off work.
Can the mistake affect long-term benefits too?
Yes, a wrong wage figure can carry into later benefits. Permanent total disability benefits are also 66-2/3 percent of the daily wage at the time of injury under Minn. Stat. § 176.101, subd. 4. Certain offsets may also reduce these benefits. Fixing the wage early may help protect you if your injury turns out to be long-term.
Does the maximum benefit limit what you can recover?
For higher earners, the weekly cap may matter more than the overtime. Starting October 1, 2024, and every October 1 after that, the maximum weekly benefit is 108 percent of the statewide average weekly wage for the period ending December 31 of the prior year, under § 176.101, subd. 1(b)(1). If your check is already at the cap, adding overtime will not raise it.
💡 Pro Tip: Holiday overtime in November and December may look "occasional" if it happened only once. If you also worked heavy overtime most of the year, your full 26 weeks of pay records may help show that pattern.
How Do You Find Out If the Insurer Left Out Your Overtime?
Start by asking for the numbers behind your check. You can ask your employer or the insurer for wage statements or details on how they figured your benefits. The LawHelpMN employee guide explains how the system works for injured workers and notes your right to ask for this breakdown.
Then compare their figure with your own records. Look at your pay stubs, W-2s, and any timecards from before your injury. If your overtime shows up week after week but isn’t in the weekly wage used for your check, there may be a mistake.
What Can You Do If the Wage Figure Is Wrong?
You may be able to formally dispute it through the Department of Labor and Industry (DLI) Workers’ Compensation Division. You can file a claim petition, which usually goes to the Office of Administrative Hearings for a compensation judge to decide, or you can ask for mediation. These are separate options, not steps you must take in order.
Sometimes clear pay records are enough to get the insurer to fix it. Other cases may need a formal dispute, especially when the insurer says your overtime was only occasional. A Minnesota workers’ compensation lawyer can review the records and help you choose the right option.
💡 Pro Tip: Generally, you can keep cashing your checks while you dispute the amount. Asking for a correction generally does not mean giving up the benefits you already get.
Frequently Asked Questions
1. Does all overtime count toward Minnesota workers’ comp benefits?
No, only regular or frequent overtime counts. Minn. Stat. § 176.011, subd. 18 leaves out occasional overtime. Your pay history often helps show which kind you had.
2. Will my second job’s wages count?
They should if you were regularly working both jobs when you got hurt. Tell the insurer about the second job and give them pay records from it.
3. How much does missing overtime cost me each week?
In many cases, about two-thirds of the overtime pay left out. The weekly maximum may limit any increase.
4. Can I get help if I can’t afford a lawyer?
Yes, there are low-cost options. Legal aid groups listed through LawHelpMN may be able to help. Mottaz & Sisk also offers a free consultation and works on a contingency fee.
5. What records should I gather?
Gather anything that shows your pay before the injury. That includes pay stubs, timecards, W-2s, and any letters from the insurer showing your weekly wage. Records covering at least 26 weeks help most.
Making Sure Your Wage-Loss Checks Match What You Earned
Your workers’ comp check is only as accurate as the weekly wage behind it. Minnesota counts regular or frequent overtime and wages from a second job you were regularly working. If the insurer left any of these out, your benefits could be too low. Asking how the insurer figured your wage and comparing it with your pay records is the first step toward fixing it.
What Should I Do Next?
A few simple steps can help you find out if your check is right:
- Ask the insurer in writing for your weekly wage and how they figured it.
- Gather pay stubs, timecards, and W-2s from at least the 26 weeks before your injury.
- Write down any second job and its pay.
- Save every letter and benefit notice you get.
If the numbers are wrong, a low check may not have to stay low. Mottaz & Sisk Injury Law can review your wage records and benefit notices to see whether the insurer left out your overtime or a second job. Call 763.314.1112 or schedule your free consultation today. We work on a contingency fee, so you pay no attorney fee unless we recover benefits for you, and we do not bill clients for costs.
Reviewed by Jerry Sisk, Chair of the Workers’ Compensation Section of the Minnesota Association for Justice and Editor of the Minnesota Workers’ Compensation Deskbook.
Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.
