Minnesota Workmans Compensation Benefits

Article Written By: David Whitney

Under Minnesota Workmans Compensation there are three types of wage benefits that are available to an employee who suffers a work-related injury: (1) Temporary Total Disability; (2) Temporary Partial Disability; and (3) Permanent Total Disability.

Temporary Total Disability benefits are available for MN workers who are totally disabled from work for a temporary amount of time. This amount of TTD payments is calculated based on the employee's average weekly gross wages from the 26 weeks prior to the work injury. The payment amount is 2/3 of this average weekly wage, and it is capped at $750 per week for injuries that occurred October 1, 2000 to September 30, 2008, and $850 per week for injuries that occur on or after October 1, 2008.

There is a 104 week limitation on the amount of time an employee is eligible to receive TTD benefits for each injury. In addition, TTD benefits will cease 90 days after maximum medical improvement or the completion of an approved retraining course, whichever is later.

Temporary Total Disability benefits are available for Minnesota workers who can work, but make less money then they did at the time of their work injury because of their partially disabled condition. The amount of TPD payments is 2/3 of the difference between the employee's average weekly wage on the date of injury, and the wage the employee is able to earn in his or her temporarily partially disabled condition.

There is no statutory definition of what constitutes Temporary Partial Disability. However, case law has established that must show (1) a work-related injury resulting in disability; (2) the loss of earning capacity is casually related to the work injury; (3) the employee is able to work subject to the disability; and (4) an actual loss of earning capacity. There is a maximum of 225 weeks of TPD benefits, with no benefits at all 450 weeks after the date of injury.

Permanent Total Disability benefits are available for workers who cannot work at anything other than sporadic employment. The Legislature has stated that:

- Totally and permanently incapacitated means that the employee's physical disability, in combination with the employee's age, education, training and experience, causes the employee to be unable to secure anything more than sporadic employment resulting in an insubstantial income. Minn. Stat. 176.101(5)(b).

- In addition, as of October 1, 1995, an employee must meet one of three thresholds to be entitled to PTD status: (1) have at least a 17% permanent partial disability rating of the whole body; (2) have at least a 15% permanent partial disability rating of the whole body and be at least 50 years old at the time of the injury; or (3) have at least a 13% permanent partial disability rating of the whole body, be at least 55 years old at the time of the injury, and have not completed 12th grade or obtained a GED.

About the Author

John Anderson is the author of this article on MN workers compensation. Find more information about Minnesota worker compensation here.

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