A work injury can stop your paycheck the same day it happens, while the medical bills start right away. You may be wondering whether your employer will cover your treatment, how much you will be paid while you are off work and what happens if you cannot go back to the same job.
Minnesota workers’ compensation is a benefits system under chapter 176 of Minnesota Statutes, not a lawsuit against your employer: it pays for medical care and part of your lost wages after a work injury, regardless of who was at fault. Our Minneapolis-area personal injury office helps injured workers with workers’ compensation claims on a contingency fee, so you pay no attorney fee unless we recover benefits or money for you.
How Workers’ Compensation Works in Minnesota
Benefits without proving fault
Every Minnesota employer is liable for compensation when an employee is injured or killed in an injury arising out of and in the course of employment, without regard to negligence (Minn. Stat. § 176.021, subd. 1). You do not have to show that your employer did anything wrong, and your own mistake does not end your claim.
There are narrow exceptions: the employer is not liable if the injury was intentionally self-inflicted or if the employee’s intoxication was the proximate cause of the injury, and the employer has the burden of proving those facts (Minn. Stat. § 176.021, subd. 1).
The exclusive remedy
The employer’s liability under the workers’ compensation law is exclusive and takes the place of any other liability to the employee (Minn. Stat. § 176.031). An exclusive remedy means the benefits claim is generally the only way to recover from your employer for a work injury. Instead of suing your employer, you claim benefits through the workers’ compensation system.
Deadlines to Report and Claim
Tell your employer right away
Unless your employer knows about the injury or receives written notice within 14 days after it happens, no compensation is due until notice is given or the employer learns of it (Minn. Stat. § 176.141). Notice within 30 days is not barred by a defect in the notice unless the employer shows it was prejudiced (Minn. Stat. § 176.141).
Notice within 180 days can still be allowed if the delay was due to mistake, inadvertence, ignorance of fact or law, inability, or the employer’s fraud, misrepresentation or deceit, though benefits may be reduced if the employer was prejudiced (Minn. Stat. § 176.141). If the employer does not know of the injury and receives no written notice within 180 days, no compensation is allowed, with an exception for incapacity (Minn. Stat. § 176.141). Tell your employer in writing as soon as you can and keep a copy.
The filing deadline
A claim for compensation generally must be brought within 3 years after a written report of the injury is made to the Minnesota Department of Labor and Industry, and no more than 6 years after the injury (Minn. Stat. § 176.151(a)). Because that clock runs from the written report to the Department, ask whether one was filed and talk to a lawyer early.
Benefits Available Under Minnesota Law
Medical care
Your employer or its insurer must pay for medical, psychological, chiropractic, podiatric, surgical and hospital treatment, including nursing and medicines, that is reasonably required to cure and relieve the effects of the injury, both at the time of the injury and afterward (Minn. Stat. § 176.135, subd. 1(a)).
Temporary total disability
Temporary total disability (TTD) benefits replace part of your wages while you cannot work at all. TTD pays 66-2/3 percent of your weekly wage at the time of the injury (Minn. Stat. § 176.101, subd. 1). The maximum weekly benefit is 108 percent of the statewide average weekly wage, adjusted each October 1, and the minimum is 20 percent of that maximum or your actual weekly wage, whichever is less (Minn. Stat. § 176.101, subd. 1). The Department of Labor and Industry publishes the current figures.
TTD generally ends after 130 weeks of benefits have been paid, with an exception for retraining, and it also ends 90 days after you reach maximum medical improvement (Minn. Stat. § 176.101, subd. 1).
Permanent partial disability
Permanent partial disability (PPD) benefits are paid under a schedule set by law (Minn. Stat. § 176.101, subd. 2a).
Permanent total disability
If your injury meets Minnesota’s definition of permanent total disability, which generally means you cannot secure more than sporadic work and you meet a minimum disability rating (Minn. Stat. § 176.101, subd. 5), permanent total disability (PTD) benefits pay 66-2/3 percent of your wage at the time of the injury, with a minimum of 65 percent of the statewide average weekly wage (Minn. Stat. § 176.101, subd. 4). PTD benefits stop at age 72, or after 5 years of benefits if you were injured after age 67 (Minn. Stat. § 176.101, subd. 4). In cases of permanent total disability, the employer must also pay the reasonable value of nursing services provided by a family or household member (Minn. Stat. § 176.135, subd. 1(b)).
Death benefits
If a worker dies from a work injury, Minnesota law provides dependency benefits for the family and payment toward burial expenses (Minn. Stat. § 176.111).
Claims Against Someone Other Than Your Employer
When someone other than your employer is legally responsible for your injury, you may bring a claim against that party for damages, even while you receive workers’ compensation benefits (Minn. Stat. § 176.061, subd. 5). Examples can include a delivery driver hit by another motorist, a worker hurt by a defective machine, or a subcontractor’s employee hurt by another contractor’s carelessness.
The employer or insurer that paid your benefits has a right to be repaid from that recovery, which is called subrogation (Minn. Stat. § 176.061, subd. 5). A special rule applies when your employer and the other party were working together on a common enterprise or on related operations at the place you were hurt: you must choose between a claim against that party and benefits from your employer, but not both (Minn. Stat. § 176.061, subd. 1 and 4). If a car crash on the job caused your injury, we can review the claim against the other driver (see our Minneapolis car accident page).
Common Workplace Injuries
Lifting and repetitive strain
Lifting heavy items, bending, reaching overhead and repeating the same tasks are known risk factors for injuries such as low back injuries, rotator cuff injuries and carpal tunnel syndrome, according to OSHA.
Falls
Falls from heights and falls on the same level are among the leading causes of serious work-related injuries and deaths, according to OSHA.
Machinery and equipment
OSHA warns that moving machine parts can cause severe injuries such as crushed fingers or hands, amputations, burns or blindness, and it requires any machine part that may cause injury to be safeguarded.
Vehicle crashes
Millions of workers drive or ride in a vehicle as part of their jobs, and motor vehicle crashes are the leading cause of work-related deaths in the U.S., according to NIOSH.
What to Do After a Work Injury in Minneapolis
- Get medical care and tell the provider the injury happened at work
- Report the injury to your supervisor in writing and keep a copy
- Write down the date, time, place and witnesses
- Photograph the equipment or area involved
- Keep copies of every form you sign or receive
- Follow your treatment plan and work restrictions
- Track missed work, mileage to appointments and out-of-pocket costs
- Get advice before giving a recorded statement to the insurer
How 844-SEE-MIKE Helps After a Minneapolis Work Injury
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Frequently Asked Questions
What if my injury or illness developed over time?
For an occupational disease, the notice and claim must be brought within 3 years after you know the cause of the injury and it has resulted in disability (Minn. Stat. § 176.151(d)). Conditions that build up over years still deserve a prompt report once you connect them to your work.
What if my employer does not have workers’ comp insurance?
If an employer fails to insure or self-insure, the injured employee may choose to claim compensation under the workers’ compensation law or to bring a lawsuit for damages (Minn. Stat. § 176.031).
Can I get benefits if I go back to work at lower pay?
Temporary partial disability (TPD) benefits pay 66-2/3 percent of the difference between your weekly wage at the time of the injury and what you can earn while partially disabled (Minn. Stat. § 176.101, subd. 2). TPD is limited to 275 weeks, or to 450 weeks after the date of the injury, whichever comes first (Minn. Stat. § 176.101, subd. 2).
What if I cannot return to my old job?
Vocational rehabilitation is meant to help you return to a job related to your former work, or to a job in another field that brings you as close as possible to the economic status you would have had without the disability (Minn. Stat. § 176.102, subd. 1(b)). Ask about it early if your doctor says you may not return to the same work.
What does a workers’ compensation lawyer cost?
The consultation with 844-SEE-MIKE is free, and we work on a contingency fee. You pay no attorney fee unless we recover benefits or money for you.
If your injury happened in a fall on someone else’s property while working, see our Minneapolis slip and fall page.
If you or someone you love was hurt in Minneapolis, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
