Workers’ Compensation: Financial Benefits and Timeline
If you have suffered a work-related injury in Minnesota and are receiving workers compensation benefits, you may be wondering how long you can expect to receive these payments. Understanding when your workers comp checks may stop is an important consideration. Especially when dealing with recovery and planning finances.
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.
Determining Factors on Benefit Duration
There are several key factors that influence how long you may receive workers comp wage loss benefits in Minnesota:
Nature and Severity of Injury
The nature and severity of your work injury plays a major role in determining the length of wage loss payments. More severe injuries that result in longer recovery times and work restrictions will typically warrant longer benefit periods.
Recovery Progress
Your ongoing recovery progress and ability to return to work will impact how long you receive benefits. If you are unable to work due to medical restrictions, checks will continue until you are released back to work.
Doctor Recommendations
Your doctor’s recommendations carry considerable weight when it comes to terminating or extending benefits. If your doctor feels you require more treatment or are not ready to work, this can support ongoing wage loss checks.
Case Settlement
If your workers comp case is settled, your benefits will end and you will receive a lump sum settlement amount. The settlement timeframe varies widely based on injury details.
Maximum Benefit Duration in Minnesota
While individual factors determine actual benefit length, Minnesota laws do dictate maximum allowance durations:
Temporary Total Disability (TTD) Benefits
TTD benefits are provided when you cannot work at all due to your injury
TTD benefits can continue for up to 130 weeks from the date of injury
Checks stop once you can return to work or reach the 130 week limit
Temporary Partial Disability (TPD) Benefits
TPD benefits apply when you can only work/earn a limited amount
275 weeks of TPD wage loss benefits
You receive TPD checks until you earn your pre-injury wage or use up the 275 weeks
Permanent Total Disability (PTD) Benefits
PTD benefits are for those permanently and totally disabled from working
There are no set duration limits on PTD checks
Benefits continue until age 72 or death unless condition improves
Vocational Rehabilitation
If you cannot return to previous job, you may enter a voc rehab program
Wage loss checks continue during the length of the state-approved program
Allows benefits while you train for a new career due to limitations
So in summary, while maximum caps exist for TTD, other benefit types based on medical status and earnings have no defined cutoff dates under Minnesota’s workers’ compensation system.
When Checks Could Stop Without Settlement
There are certain scenarios where your workers comp wage benefits may be prematurely terminated by the insurance provider without a case settlement:
Doctor Releases You to Work
If your doctor medically clears you to return to work without restrictions, the insurer can move to discontinue wage benefits
Reaching MMI
If your treatment concludes and your doctor declares you have reached “maximum medical improvement”, the insurer may stop checks 90 days post service of MMI
Failure to Comply With Treatment
If you fail to attend appointments, comply with prescribed treatments, or see the insurer’s doctor, this could result in termination of benefits
If you feel your benefits have been unfairly terminated, contacting an experienced Minnesota workers comp attorney is crucial to appeal the decision and get your checks reinstated.
Fighting to Re-Start Checks After Termination
If your workers comp wage replacement benefits have already been stopped but you feel it was unjustified, a certified workers comp lawyer can help fight to get them turned back on. Some remedies your attorney may pursue include:
Negotiating With Insurer
An attorney can negotiate with the insurer to restart payments without litigation
Highlights ongoing disability and need for further medical treatment
Leverages medical evidence and opinion to support disability
Requesting Medical Hearing
Your workers’ comp lawyer can request a medical hearing before a compensation judge
Presents medical evidence that you remain entitled to benefits
Judge issues ruling ordering reinstatement of weekly checks
Re-starting wrongfully terminated benefits is difficult without quality legal advocacy in your corner.
Alternatives if Checks Have Stopped
If efforts to renew your workers compensation benefits are unsuccessful, discussing the following options with your workers comp lawyer is wise:
Settlement Buyout
Agree to a lump sum settlement amount to close out your claim
Settle your right to future benefits for immediate payout
Locks in compensation while you pursue other income sources
SSDI Application
Social Security disability benefits for those unable to work
Monthly payments and Medicare eligibility
Workers comp lawyer can help navigate SSDI process
Disability Insurance
If you have disability coverage, benefits may replace lost wages
Tend to have high denial rates without attorney assistance
Lawyer can appeal denials to unlock crucial coverage
While not ideal, these alternatives provide a path forward if workers comp checks cannot be reinstated.
FAQs: Common Workers Compensation Questions
1. When exactly will my workers comp checks stop?
Benefits duration depends on unique case factors, but caps exist for TTD (130 weeks)
Other benefits like TPD continue until you return to pre-injury earnings or 275 weeks max. Settling ends checks.
2. What if my doctor says I still cannot work?
Obtaining your doctor’s support for ongoing disability is crucial to extend benefits
A workers comp attorney can leverage the opinion to appeal termination
3. Can my benefits be cut off if I am still injured?
Unfortunately yes – insurers can prematurely terminate checks in some cases
Experienced legal advocacy can help reinstate wrongfully discontinued benefits
4. What happens if I reach MMI but cannot earn the same wages?
You may qualify for vocational rehabilitation, SSDI, or disability insurance
A knowledgeable attorney can help analyze and pursue options if checks stop
5. How long could benefits last if the injury causes permanent disability?
For totally disabling injuries, PTD benefits can continue until age 67 or death
Your lawyer negotiates settlement if you opt to take lump sum payout instead
Connect With a Dedicated Lawyer
Navigating Minnesota’s complex workers’ compensation system and grasping how long benefits last is difficult without trusted legal guidance.
Mottaz & Sisk Injury Law has 20+ experience dealing with worker’s compensation matters. Please call us at763-421-8226 for a free consultation if you have experienced a work related injury.