Workers Compensation Laws in Minnesota

Workers compensation is a system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, and any retraining necessary to restore them to the workforce.

If workers are killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.

Workers Compensation is Compulsory in Minnesota

In the state of Minnesota, workers compensation is compulsory. This means that employers are required to provide worker's compensation insurance for their employees. It can provided through a competitive state fund, a private insurance carrier, or employers may self-insure. Waivers are not permitted.

It is not necessary to provide insurance for agricultural workers who work on a family farm, or domestic workers earning less than $1,000 in any 3 month period of a year.

Medical Benefits and Physician Choice in Minnesota

Employees are allowed to make the initial choice of physician, except when the employer has a managed care plan in effect and the employee does not have an established relationship with a physician outside the plan, and full benefits are provided with no time or monetary limits.

Disability Benefits Provided in Minnesota

Temporary total disability payments are a percentage of the worker's wage and continue for up to 104 weeks, or 90 days after the employee reaches maximum medical improvement.

Permanent total disability payments are calculated as a percentage of the worker's wage and typically continue until the age of 67. Payments might be offset by Social Security benefits or other government benefits.

Permanent partial disability benefits are allotted based on a percentage of the worker's wage and may continue for the duration of the disability.

Death Benefits Provided in Minnesota

An employee's surviving spouse, or spouse and children may collect death benefits, based upon a percentage of the employee's wages and subject to a cap. A minimum benefit is payable but not statutorily prescribed. A burial allowance is also available.

Limits on Attorney Fees

Minnesota workers compensation laws stipulate that attorney fees for claimants are limited to 25% 25% of the first $4,000, and 20% of the next $60,000. In some cases, the attorney fee may be added to the award.

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