Workers Compensation

Reitan Law Office, PLLC offers a Free Initial Consultation for individuals who have been injured while working in the course of their employment. We have represented injured Minnesota workers for more than 30 years and would be happy to meet with you and answer any questions you may have. There is no charge to meet with us and ask your questions.

If Reitan Law Office represents you in your workers’ compensation claim, there is no charge for attorney fees unless you recover.

Please contact us if you would like to discuss your claim. Please also feel free to review the information below concerning Minnesota workers’ compensation law and the benefits an injured worker may be entitled to.

WORKERS’ COMPENSATION IN A NUTSHELL

INJURIES

Workers’ compensation is a type of insurance that pays you benefits for a work injury. Benefits can include a partial wage loss replacement; payments for loss of use or function of a body part; medical treatment; and vocational rehabilitation benefits. Injuries are covered if they occur in the course of your employment and arise out of your employment.

A work injury can be caused by a traumatic accident such as falling from a ladder or getting your hand caught in a machine. A work injury can also be caused by the gradual effects of normal work activities. These injuries arise out of repetitive motion and are often referred to as “Gillette” injuries. Carpal tunnel syndrome and some back injuries often arise from repetitive use and are examples of “Gillette” type injuries. You can also have a work injury from an occupational disease such as asbestosis exposure causing pulmonary disease or noise induced hearing loss.

FIRST REPORT OF INJURY

When the employee notifies the employer of injury, the employer is required to promptly report it to their insurance carrier. Employers have up to 10 days after an injury that disabled an employee for more than 3 calendar days to file the First Report of Injury form with the insurance carrier. The insurance company (and self-insured employers) then have 14 days from the date of injury to file a First Report of Injury with the Department of Labor and Industry.

Next, the insurance company investigates the claim and determines whether to pay it. If they decide not to pay the claim they file a Notice of Primary Liability Determination – Denial.

BENEFITS FOR LOST WAGES

Benefits for lost wages fall into four categories:

1.  Temporary Total Disability Benefits (TTD)

An injured employee is entitled to Temporary Total Disability Benefits if he/she is totally unable to work because of the injury or as released with restrictions, but unable to find work within his/her restrictions.

Wage loss benefits are paid at two-thirds (2/3) of the gross weekly wage at the time of the injury. There are also minimum and maximum levels of paid wage loss benefits.

There are no benefits the first 3 calendar days starting with the first date of disability, however, benefits for those three days are paid if the worker has a disability that lasts 10 or more calendar days after the first day of injury.

Issues often arise as to the duration of Temporary Total Disability Benefits.  Under current law Temporary Total Disability Benefits have a durational limit of 130 weeks.

Temporary Total Disability Benefits also stop when any of the following occur:

  • One returns to work or is released to work without limitations; or
  • if the injured employee failed to diligently look for work within his/her physical restrictions after being released to work; or
  • Refuses gainful work; or
  • Fails to cooperate with an approved vocational rehabilitation plan; or
  • 90 days after the employee has been sent a medical report indicating that he/she has reached Maximum Medical Improvement (MMI). MMI means the date after which no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated based on reasonable medical probability irrespective and regardless of subjective complaints of pain.
2.  Temporary Partial Disability Benefits (TPD)

a. Temporary Partial Disability Benefits are a wage loss benefit for an injured employee who has gone back to work, but is earning less than his/her gross weekly wage at the time of the injury. This can happen when you work fewer hours; when you are working at a lower paying job; or a combination of the two.

b. Temporary Partial Disability Benefits are paid at two-thirds (2/3) of the difference between the employee’s gross average weekly wage at the time of injury and the employee’s current earning capacity, usually reflected by actual earnings.

c. One can only receive Temporary Partial Disability Benefits if they are working.

d. Temporary Partial Disability Benefits under current law are limited to 225 weeks during the first 450 weeks after the injury.

3.  Permanent Total Disability Benefits (PTD)

There are certain injuries that automatically qualify as a Permanent Total Disability. For other injuries, one must prove that the employee’s physical disability permanently causes the employee to be unable to find anything more than occasional employment resulting in insubstantial income. This means that you cannot find a steady job and earn a living from the work.

To claim Permanent Total Benefits one must meet one of the following three thresholds:

  • At least a 17% Permanent Partial Disability Rating of the whole body; or
  • Permanent Partial Disability Rating of the whole body of at least 15% and be at least 50 years old at the time of the injury; or
  • A Permanent Partial Disability Rating of at least 13% and be at least 55 years old at the time of injury and have not completed 12th Grade or obtained a General Education Degree (GED).

The Permanent Total Disability Benefit rate is frequently the same rate at the rate paid for Temporary Total Disability Benefit.

Duration: Permanent Total Disability Benefits end at age 67 under a presumed retirement age which can be challenged.

4.  Permanent Partial Disability Benefits (PPD)

a. There is also a benefit for Permanent Partial Disability which is the loss of use of a body part or body function. A doctor determines the Permanent Partial Disability rating in accordance with the Permanent Partial Disability percentage rating contained in the Workers’ Compensation Disability Rules. The following is Permanent Partial Disability compensation schedule.

PERMANENT PARTIAL DISABILITY BENEFITS for Injuries on or after 10-01-2000
IMPAIRMENT RATING AMOUNT
0-5% $75,000.00
6-10% $80,000.00
11-15% $85,000.00
16-20% $90,000.00
21-25% $95,000.00
26-30% $100,000.00
31-35% $110,000.00
36-40% $120,000.00
41-45% $130,000.00
46-50% $140,000.00
51-55% $165,000.00
56-60% $190,000.00
60-65% $215,000.00
66-70% $240,000.00
71-75% $265,000.00
76-80% $315,000.00
81-85% $365,000.00
86-90% $415,000.00
91-95% $465,000.00
96-100% $515,000.00

b. Permanent Partial Disability Benefits are generally paid out weekly at the same rate as the original Temporary Total Disability Benefits.

MEDICAL BILLS

Workers’ compensation insurance pays for the reasonable health care expenses related to a work injury. These expenses include health care treatment, prescriptions, supplies, equipment, and reimbursement for mileage to medical appointments. They also include chiropractic and physical therapy sessions.

When a claim is in dispute the workers’ compensation insurer will often schedule an examination for the injured worker with a doctor of the insurer’s choosing. This examination is often referred to as the “employer’s physician,” or an “Independent Medical Examination (IME),” or an “adverse examination.” The Minnesota Department of Labor and Industry sets fee schedules as to what medical providers will be paid. There are also treatment parameters that regulate the amount of treatment that can be provided.

VOCATIONAL REHABILITATION AND RETURNING TO WORK

An employee often has restrictions upon returning to work after an injury. Sometimes employers will not modify a work setting to accommodate the restrictions. When an injured employee is not able to return to their previous position, the injured worker has a right to request a rehabilitation consultation to determine whether they qualify for vocational rehabilitation services. A qualified rehabilitation consultation is performed by a Qualified Rehabilitation Consultant (“QRC”). This rehabilitation consultation is an in person meeting between the injured employee and the QRC. An injured employee can request a rehabilitation consultation if a QRC has not been provided. The rehabilitation consultation is paid for by the workers’ compensation insurance carrier.

Most importantly, the employee has a right to choose the QRC. This right to choose the QRC continues until 60 days after the filing of a Rehabilitation Plan. It is extremely important that the proper QRC be selected to work on your file.

An employee is eligible for vocational rehabilitation services if the employer is unable to return the employee to their pre-injury job or occupation; or if it is not expected that the employer will return to suitable gainful employment with the date-of-injury (“DOI”) employer without rehabilitation services.

The QRC will make an eligibility decision following the rehabilitation consultation. Once vocational rehabilitation has been provided it is the QRC’s responsibility to develop, record, and file a Rehabilitation Plan. Rehabilitation services provided by a QRC include vocational evaluation, counseling, medical management, job analysis, job modification, job development, job placement, labor market surveying, vocational testing, transferable skills analysis, work adjustment, job seeking skills training, on the job training, and determination if retraining should become part of the Rehabilitation Plan.

It is very important that the QRC explore retraining to determine if retraining is needed to return the injured worker to suitable gainful activity. Employment is suitable if it is both physically and monetarily suitable. In other words, it is important that the employee’s return to work be at a job that not only is within the permanent restrictions, but also brings the employee as close as possible to the economic status they had prior to the injury.

RETRAINING

During an approved Retraining Plan the employer (Workers’ Compensation insurer) is liable:

  • To pay the costs of tuition, books, travel, custodial day care, and board and lodging;
  • To pay the QRC during the plan;
  • To pay Temporary Total Disability Benefits during the retraining and for up to 90 days after it ends. These Temporary Total Disability Benefits do not reduce the Temporary Total Disability Benefits that have the 104 week durational cap;
  • If the employee is working during the Retraining Plan, then Temporary Partial Disability Benefits are payable and those benefits do not reduce the 225 week cap on Temporary Partial Disability Benefits.
WHEN WILL YOU NEED AN ATTORNEY?

A dispute will often arise between the employer or insurer and the injured worker. These disputes may be over whether the injury is work related, the amount of benefits that should be paid, over the nature and extent of medical treatment needed for the injury, and other issues. Reitan Law Office has represented injured workers in these disputes with the employer/insurer for more than 30 years..

ATTORNEYS’ FEES

The attorney fee with Reitan Law Office is a contingent fee. If the employee does not receive any benefit an attorney fee is not paid to the Reitan Law Office. The current Minnesota statute provides that fees paid to attorneys are limited to a maximum fee of $13,000 and is a contingency fee of 25% of the first $4,000 of compensation awarded to the employee and 20% of the next $60,000 of compensation awarded to the employee.

An attorney often can receive other fees, but those are not paid by the employee. For example, an attorney may charge the employer/insurer a fee for recovering rehabilitation or medical benefits.

An additional claim may be made by the employee for up to 30% of the attorney fees over $250 when an employer and insurer unsuccessfully disputes a claim. This fee is often waived if the claim is resolved by settlement agreement.

IF WE HAVE OTHER QUESTIONS,
MAY WE DISCUSS THEM WITH YOU?

Yes, there is no charge to meet with attorneys Philip Reitan or Benjamin Reitan. It is very important that injured workers get accurate answers to their questions. Feel free to call us and make an appointment for the purpose of having your questions answered. There is never a charge to meet with us and ask your questions. Often we will answer your questions and there will be no need to retain us. If you choose to retain us, and we choose to accept your case, then we would enter into a contingent fee agreement. Until and unless we do that, there will never be a charge to you.

Reitan Law Office, PLLC wants to help you with your claim and would be glad to meet with you and answer your questions without cost or obligation.