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Minnesota Wage Loss Benefits Lawyer

When a person files for and is granted workers’ compensation benefits, they have done so because they have lost the ability to work due to an injury or disability. Workers’ compensation helps replace some of the wages that have been lost because of the disability and also covers medical expenses. A person must be injured or disabled on the job in order to qualify.

There are, however, different types of workers’ compensation wage loss benefits that a person may be able to take advantage of. The type of benefit received is appropriate for the type of disability that has been had.

Types Of Wage Loss Benefits

Here are two of the types of workers’ compensation wage loss benefits:

  • Temporary Total Disability (TTD) – If you have been injured and you are completely unable to return to work, you have the right to receive TTD benefits. These benefits equal 2/3 of your gross weekly wage. There are minimums and maximums established for these benefits. A person may receive TTD benefits for up to 130 weeks, but there may be restrictions on the amount of time a person actually receives benefits.
  • Temporary Partial Disability (TPD) – If your injury requires you to work a job that pays you less or to work fewer hours at your old job, you may qualify for TPD benefits. The benefits that are received are equal to 2/3 the difference between pre-injury gross weekly wages and post-injury gross weekly wages. A person may not receive these benefits for more than 225 weeks. Benefits can also be received as long as 90 days after the point where you have been notified of Maximum Medical Improvement (MMI)

In addition to the temporary disability that a person may receive, the state of Minnesota may allow for an injured worker to be eligible for permanent disability benefits. Your Minneapolis wage loss benefits lawyer will advise you of the options available to you so you can maximize your benefits.

When Benefits Start

Minnesota Statute 176.121 deals with the commencement of wage loss benefits and states that disability is deemed to start on the first calendar day or fraction of calendar day that the employee is unable to work.  In cases of temporary total or temporary partial disability no compensation is allowed for the three calendar days after the disability commenced.  If the disability continues for ten days or more, the disability will be computed back to the date of injury. This means injured workers who miss less than ten days of an work will have a three day wage gap.

When Benefits End

Your Minnesota wage loss benefits attorney can help you understand the technical aspects of your benefits. While you may be entitled to anywhere between 130 weeks and 225 weeks of benefits, this does not mean you are guaranteed the benefits for that period. For instance, you may return to work with another employer offering the same wage you were earning at the time of your injury. Another reason is being released to work without any restrictions put in place.

As far as a Maximum Medical Improvement notification, this is an often unfair aspect of wage loss benefits. If you are notified by the insurance company that you have reached maximum improvement, TTD benefits will end 90 days after the notification. It does not matter if you are still on permanent restriction or unable to return to work.

Minneapolis Wage Loss Benefits Attorney

If you have been injured in the workplace and you need TPD or TTD benefits, you need an attorney who can advise you of what steps need to be taken to help you receive those benefits. Let the Meshbesher Law Firm answer any questions you have. Call us at (612) 349-5215 for a free consultation.