WORKERS COMPENSATION FAQ
Temporary Total Disability (TTD)
If an injured worker can no longer work, or if the employer cannot accommodate you with a job within the medical restrictions, then you may qualify for temporary total disability, which is a wage replacement program. However, the workers’ compensation statute imposes certain re are certain conditions and limitations.
Temporary total disability (TTD) benefits. The employer's insurance company must pay two-thirds of the worker's lost wages up to a maximum of $850/week for 130 weeks, or until 90 days post-maximum medical improvement.
Temporary Partial Disability (TPD)
If you are working within your medical restrictions, but you are earning less money than when you were injured, then you may receive temporary partial disability (TPD) benefits. The employer's insurance company must pay two-thirds of the difference between what you were earning before the injury and what you are currently making for a period of up to 225 weeks.
Permanent Total Disability (PTD)
If you are unable to work at all, or unable to find suitable employment on a permanent or for an indefinite period of time, then you may be able to receive permanent total disability (PTD) benefits. The employer's insurance company must pay two-thirds of the worker's lost wages for an indefinite amount of weeks, or age 67. These are complex cases. Therefore, you must consult r knowledgeable and experience attorney.
What is a qualified rehabilitation consultant (QRC) and how can one help me return to work or find new employment?
A qualified rehabilitation consultant (QRC) provides vocational rehabilitation services if you need help returning to work due to your injury. A QRC also helps manage the administrative aspect of your medical treatment. A QRC, in essence, is an advocate for a vocational rehabilitation plan that will return you to a job similar in wage to what you had at the time of injury. You, however, have the right to chose your QRC.
The employer’s insurance is responsible for payment of “reasonable and necessary” medical treatment that will cure or relieve the effects of the work injury. This includes, but is not limited to, hospitalization, surgery, physical therapy, occupational therapy, chiropractic services, injection therapy, chronic pain management, mental health, pain clinics and medication, and many other forms of medical care. There are limits to certain treatment based on the Minnesota Treatment Parameters which limit the types and duration of treatment that you can receive for a work injury. Insurance companies and employers may deny medical treatment for a variety of reasons including:
• The treatment is not related to the work injury.
• The treatment is outside of the allowed treatment parameters.
• The chiropractic treatment is beyond the 12 weeks of allowed care without an allowed departure.
What is an Independent Medical Examination?
An independent medical examination (IME) is an examination requested by the insurer to be performed by an adverse physician. The goal of this doctor is not to provide you with treatment. The IME is hired by the insurance company. This usually results in extreme ramifications for your benefits.
How can I hire an attorney, if I just sustained a work injury?
There is no fee to consult or hire The Law Office of Tejeda Guzman. In Minnesota, attorneys are paid 20 percent of the first $130,000, of benefits recovered. In Minnesota attorney fees must be approved by a workers' compensation judge.
Does the law governing workers' compensation provide any compensation if I am disabled and unable to return to work as a result of my injury?
Workers’ compensation supplies additional benefits to those with permanent disabilities, Permanent Partial Disability ("PPD"). PPD compensates for functional loss of use or impairment of function.
What happens if my employer does not have workers' compensation coverage?
The worker has the option to sue the employer and the Minnesota Special Compensation Fund, which it was established in part, to pay the workers' compensation benefits to the employee when the employer fails to have coverage. It is a serious crime in the State of Minnesota should the employer fail to have workers compensation insurance.
If I retain an attorney, how can I pay for his services?
In any workers' compensation claim, the client and attorney should sign a retainer that establishes how the fees are calculated. In most of the cases attorneys are paid 20 percent of the first $130,000 of benefits recovered, subject to a maximum attorney's fee of $26,000.00 unless a petition is filed for attorneys' fees in excess of this amount and granted by the workers' compensation judge or court appeals. If there is a recovery, an attorney can apply for its fees to be deducted from my worker's compensation award, excluding medical benefits. An application can be filled to be able to recover a percentage of the attorney's fees (approximately 30%).When there are medical or rehabilitation issues and a hearing has occurred, and the worker prevails, the attorney fees are the responsibility of the employer/insurer. This can happen when an employee's medical or rehabilitation benefits have been denied and the worker files an action in order to recover those benefits.
Can I be terminated for filing a workers' compensation action?
No. if the employee is or threatened to be terminated, or has any difficulty in obtaining the benefits of workers' compensation the employer may be sanctioned as a consequence, or a civil action may be filed for discrimination including the fees for his attorney.
What are the employee's responsibilities?
When the employee's medical restrictions have ended it is the worker's responsibility to return to work, or participate in a job search should the employee be prohibited from returning to his date of injury employer. He/she also should collaborate with a Qualified Rehabilitation Consultant (QRC) assigned to assist him/her in obtaining benefits or returning to work within his/her restrictions. The employee should return to work if his /her employer can accommodate his/her medical restrictions.