Workers’ compensation - Minnesota

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Competitive state fund, self-insurance, private carriers, individual employer, or groups of employers.

Exemptions from WC: Family farms which are defined as farms that pay less than $8,000 in cash wages, exclusive of machine hire, to farm laborers for services rendered during the preceding calendar year. Family farms may also include farm operations with total liability insurance of $300,000, and $5,000 in medical payment coverage, if such farm pays less than the statewide average weekly wage. Elective coverage is permitted for certain employees of family farms.

Medical benefits provided: Full

Physician selection: Employee chooses physician. However, if there is a managed care plan in effect, employee is obligated to see a physician under the plan, unless a relationship has developed with a physician outside plan by which employee has seen the physician twice within a two-year period before the injury.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for up to 104 weeks, or 90 days after maximum medical improvement. Compensation stops if employee withdraws from labor market, is released to work without any physical restrictions, or refuses offer to work that is consistent with a rehabilitation plan.

Benefits for permanent total disability (PTD): 66 2/3 until age 67 (rebuttable presumption). After $25,000 is paid, continuing payments become subject to any government or Social Security benefit offsets.

Benefits for permanent partial disability (PPD): 66 2/3. The percentage of disability to the body is set out in permanent partial disability schedule rules. The amount of compensation depends on whether the employee is offered/finds suitable employment by time limit. If so, smaller impairment compensation (based on percentage) is payable. If not, larger economic recovery compensation (based on percentage and wage rate) is payable.

Scheduled awards: Scheduled awards are paid in addition to TTD benefits and upon termination of TTD benefits. Awards are not reduced because of receipt of TTD benefits.

Disfigurement benefits: Disfigurement is defined as disfigurement or scarring, not resulting from loss of a member. Permanent impairment award based on physician’s evaluation of percent of loss to whole person.

Death benefits for surviving spouse and children: For spouse only, 50 percent of employee’s wage for 10 years. For spouse with children, 66 2/3 percent of employee’s wage until last child is no longer dependent, plus 10 years, children until 18. Children receive benefits beyond age 18 if disabled, or until age 25 if full-time students. WC benefits subject to Social Security benefit offsets.

Maximum burial allowance: $15,000

Waiting period: 3 days (temporary total disability). Compensation is retroactive if disability continues for 10 days from date of injury.

Rehabilitation: Both physical rehabilitation (PR) and vocational rehabilitation (VR) are covered. Employer must offer employee rehabilitation counseling within 5 days of when injury caused 60 days lost work time and for back injury, after 30 lost work days. Employers must provide TTD benefits up to 90 days after mmi or approved training. Employers are responsible for VR costs including tuition, books, day care, travel; board and lodging during travel, reasonable moving expenses and retraining up to 156 weeks; and also VR for surviving spouse in death cases. Compensation is suspended if employee refuses to make effort to cooperate with approved rehab plan. TTD benefits stop if employee withdraws from labor market, fails to search for appropriate work, or refuses work consistent with rehab plan.

Attorney fees: 25 percent first $4,000; 20 percent next $60,000, statute, determined by court.

Occupational hearing loss statutes: Employee has 3 years from the date of discovery to file for compensation. Benefits are $38,500 for both ears. There is a deduction for preexisting loss.

What’s new - http://www.dli.mn.gov/main.asp

Forms - http://www.dli.mn.gov/WC/wcforms.asp

State

Contact

Workers’ Compensation Division

Specialists from DLI's Customer Assistance unit provide free workers' compensation information and assistance to all parties to help prevent disputes from developing. When disputes do occur, the specialists try to resolve them quickly by using dispute resolution strategies.

Regulations

Minnesota Rules - https://www.revisor.mn.gov/rules/

Minnesota Statutes - https://www.revisor.mn.gov/

Federal

Contacts

None.

Regulations

None.