Minnesota Lawyers Helping Injured Workers

How To Get Workers’ Compensation Benefits In Minnesota

Do you know the benefits you are entitled to receive after being injured at work? You probably have some idea. You know that your medical expenses should be covered. You know that most of your wages should be covered. However, you may not know whether or not you get to choose your own doctor to provide medical care. You may not know whether prescription costs are covered. You may not know exactly how many weeks’ worth of wage loss benefits you are entitled to.

These details are just the tip of the iceberg in what has become an extremely complex area of the law. Are you confident that you will get everything you deserve if you handle your workers’ comp case on your own, without the assistance of a lawyer? Why take the chance? At Midwest Disability, P.A., these cases are handled on a contingent fee basis, meaning that there are no fees until we recover benefits. We know how to get you all of your benefits as fast as possible.

Call 888-387-4135 to schedule a free consultation with our workers’ compensation attorneys in Minnesota.

What Benefits Are You Entitled To?

Types of workers' compensation benefits in Minnesota infographic

If you were injured in the course of your employment, you may be entitled to receive multiple types of benefits, including:

Our Minnesota work injury lawyers have years of experience fighting for benefits injured workers should be getting. This is no easy task. However, helping the injured and disabled is our law firm’s sole focus. Our knowledge of options and strategies in these cases runs deep. Every year, we help thousands of people in the Twin Cities and throughout the state.

Beyond Workers’ Compensation

Workers’ compensation may be only one of your options. If your on-the-job injury resulted in a permanent disability, we can also help you obtain Social Security Disability benefits.

To schedule a free consultation with one of our Minneapolis workers’ compensation benefits attorneys, contact us online or call our offices directly at 888-387-4135. Our lawyers help workers throughout Minnesota, including Minneapolis-St. Paul, St. Cloud, Mankato, Duluth, Rochester, Fargo-Moorhead and beyond.

Common Questions About Work Comp Benefits

Am I entitled to workers’ compensation benefits?

If you are injured at work, your injury must arise out of and must be in the course of employment to be entitled to workers’ compensation benefits. If these two factors are met, you need workers’ compensation benefits. After you report your work injury to a supervisor, you should be asked to complete an incident report or First Report of Injury. Once that is completed, your claim should be sent to the workers’ compensation insurer for approval or denial.

If your claim is approved, you will be able to collect benefits, such as wage loss, medical and rehabilitation. If your claim is denied, however, you will need a workers’ compensation attorney to help you.

Even if you are approved, it is a good idea to contact an attorney to review your case. We often see situations when the insurance company underpays or does not offer to pay all the benefits to which a claimant (you) may be entitled. Let us help you determine if you are receiving all the appropriate benefits.

Can I work while on workers’ comp?

An injured employee can work while receiving workers’ compensation benefits. You can continue receiving medical and rehabilitation benefits while working. These do not change, but the type of wage loss benefit may change.

There are two types of wage loss benefits:

    • Temporary Total Disability (TTD)
    • Temporary Partial Disability (TPD)

You may receive TTD benefits when you are out of work completely. However, if you return to work and you are making less money, you could be entitled to partial benefits (TPD.) This type of benefit allows you to make two-thirds of the difference between your two wages.

For example, if you were making $800 gross per week at the time of your injury and now you make $500 per week because of your injury, you will be owed $200 per week. This is calculated as follows: $800 minus $500 = $300. And two-thirds of that comes to $200 per week.

To be entitled to TPD, you must have written restrictions from your treating medical provider. This is the most important factor in collecting wage loss benefits. Once your restrictions end, your wage loss benefits also end.

Does workers’ compensation cover non-work-related injuries?

Workers’ compensation benefits do not cover non-work-related injuries. To qualify for workers’ compensation benefits, your injury must satisfy two factors:

    • Your injury must arise out of your employment.
    • Your injury must occur during the course of your employment.

If your injury meets these two factors, you may be eligible for workers’ compensation benefits. There are, of course, exceptions. To find out whether your injury qualifies, contact our office for a free evaluation.

Are work comp benefits taxable?

As an injured employee, you may receive wage loss benefits for any period of time you miss work entirely or maybe making less money due to your injury. When you receive wage loss checks or a lump sum settlement from your workers’ compensation insurer, you do not pay income tax. During tax season, you will report your income to the IRS, but you will not have to pay any tax on any part of your wages or any settlement amount that you may receive as a result resolving your claim.

What is a Qualified Rehabilitation Consultant?

When you are involved in a workers’ compensation claim, you are entitled to three types of benefits. Most people know about wage loss and medical treatment, but the lesser-known type of benefit is known as rehabilitation. Rehabilitation benefits entitle an injured worker to a Qualified Rehabilitation Consultant or a QRC.

A QRC is a person that helps keep the communication lines open between you, the adjuster, and any attorneys that get involved. Their primary role is to attend medical appointments with you, should you be comfortable, and help you look for a new job within any work restrictions that you may have. To find out whether you need a QRC on your case, contact us now.

What are work comp treatment guidelines?

Treatment Guidelines, also known as Treatment Parameters, are made up rules by the state legislature that govern the frequency of various types of medical treatment. The general purpose of treatment parameters is to prevent or limit excessive treatment.

For example, chiropractic treatment has a limit of 12 visits. However, the chiropractor can request an additional 12 visits from the workers’ compensation insurer. Another example is therapeutic injections, such as trigger points, facet joints, epidurals, nerve roots, etc. These types of injections are limited to four injections to any one site.

It is important to note that there are exceptions to these treatment parameters, which are known as departures. To find out whether you are maxing out your treatment and need a departure to the rule, we can help you.

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