If you are currently suffering from a work injury, you are probably very anxious to know how much you could receive in workers’ compensation benefits and how long you could receive those benefits. There are various factors that can determine how much you can receive and for how long, including the following:
- The severity of your injuries
- The amount of income you have loss due to the injuries you sustained
- Whether or not your workers’ compensation case is open or closed
Is Your Workers’ Compensation Claim Open?
When a workers’ compensation claim is open, the benefits will heavily depend on one’s chances of being able to return to work. If you are unable to return to work as a result of the injuries or illness, you could be eligible to receive time loss compensation benefits. The amount of time loss benefits you could be eligible to receive will depend on the income you were earning at the time of the injury.
Time loss benefits will generally be paid at least two times per month, but the time period will not be the same for every state. For many, the workers’ compensation benefits may be less than what he or she was earning while working. An experienced workers’ compensation law team can ensure that you receive the full time loss benefits that are available to you.
Loss of earning power benefits can be used to help those who have the ability to work on a temporary basis at jobs that would pay less than what they could earn if they were not injured. Employers will pay a portion of the difference between what you were making before you were injured and what you began receiving after your injury.
Workers’ compensation claims can cover medical bills as you incur them, but the medical bills coverage will not impact the amount paid in time loss benefits.
Is Your Workers’ Compensation Claim Closed?
A workers’ compensation claim that is closed will still need to meet a certain set of conditions in order for you to receive your workers’ compensation benefits on a continuous basis. These certain set of conditions that need to be met include the following:
- Individuals whose workers’ compensation claims have been resolved through a structured settlement
- Individuals who have become permanently disabled with a pension
- Individuals who have become partially permanently disabled
If a workers’ compensation claim has been closed and none of the above set of conditions have been met, the chances of receiving workers’ compensation benefits on a weekly or monthly basis are very low.
How Long Do Workers’ Compensation Wage Loss Benefits Last?
The answer to this question will depend on a variety of factors and circumstances. Over the years, the workers’ compensation benefits in Minnesota have greatly changed over the years. Today, the benefits that are available to an injured worker are determined by the date of the injury. The limitations on benefits in Minnesota began when legislative changes occurred in the early and mid-1990s.
There are three key types of wage loss benefits that are available in Minnesota. These three key types of benefits are as follows:
- Permanent Total Disability (PTD) benefits: The PTD benefits are paid to individuals who cannot return to work because of an injury that was sustained and is not considered employable. For anyone receiving PTD benefits, he or she can receive these benefits until retirement age. For injuries sustained from October 1, 1995 to September 30, 2018, employees were eligible to receive benefits until the age of 67. Due to more employees working after the age of 67, the presumption of retirement was changed to age 72, and this applies to employees who sustained Injuries after October 1, 2018.
- Temporary Total Disability (TTD) benefits: The TTD benefits are paid to individuals who cannot return to the place of employment because of an injury sustained at work. These benefits can last up to 130 weeks if the injury was sustained on or after October 1, 2008. This does not mean everyone will receive the benefits for 130 weeks; the benefits can end before the 130 weeks for a variety of reasons, including you being able to return to work with no restrictions.
- Temporary Partial Disability (TPD) benefits: The TPD benefits are partial wage loss benefits that one can receive if he or she can return to work on a limited basis, at a lower-paying job. For injuries that occurred after October 1, 1992, TPD benefits can last up to 225 weeks, but the benefits can end before 225 weeks for a variety of reasons, including you returning to work at the same wage you were earning before the injury.
Is A Settlement An Option?
After you sustain an injury at work, you may be contacted by the insurance company in an attempt to settle or you may be tired of the process and have an interest in a settlement. In situations like this, a settlement can be reached by which certain benefits are settled in the form of a settlement or a payment of a specific type of benefit.
Making the decision to settle is not going to be an easy decision, and there are several factors you will need to think about before making such an important decision. It is important to be well-informed on workers’ compensation benefits and settlements. When you are trying to make the decision, here are some things you will need to consider:
- The type of workers’ compensation settlements that are available
- Your ability to reopen your workers’ compensation case after you have made the decision to settle
As mentioned earlier, the workers’ compensation laws in Minnesota continue to change, so it is important to be well-informed before making any decision concerning your current or future claim.
The insurance companies are aware of your rights, but are you aware of your rights? Consult with our workers’ compensation law team today by calling 507-424-3000.
We offer a free case evaluation. We are ready to discuss your case and provide you with the tools, resources, and advice you need to maximize your recovery. Learn your rights and feel empowered.