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In Minnesota, when employees are hurt at work, they are generally covered by Minnesota workers compensation. The requirements to receive workers compensation benefits are that an injury is sustained (1) arising out of employment (not arising out of a personal condition or horseplay, for example); and (2) during the course of employment. This simply means that the injury would not have happened unless the employee was working.

There are several different types of benefits available in Minnesota for injured workers. These mandated by the Legislature that are set forth in the Minnesota Workers’ Compensation Act. The main Minnesota workers’ compensation benefits are medical and wage loss benefits.

Medical Benefits

Workers who suffer a work-related injury may receive medical treatment and their employer and its workers’ compensation insurer must pay for it. There are two requirements for this treatment: (1) the medical treatment must be reasonable and necessary to treat he employee’s conditions; and (2) the medical treatment must be causally related to the work injury. As long as these two conditions are met, employees have a right to choose a doctor to treat them. Employees do not have to treat with a doctor who the workers’ compensation insurance company designates.

Wage Benefits

There are three types of wage loss benefits under the Minnesota Workers’ Compensation Act:

Temporary Total Disability

Employees who are completely unable to work because of a work injury are entitled to Temporary Total Disability (“TTD”) payments. This amount 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.

Temporary Partial Disability

Employees who are able to work—but not as much or at a lesser paying position—are entitled to Temporary Partial Disability (“TPD”) payments. This amount is also calculated based on the employee’s average weekly gross wage for the 26 weeks prior to the injury. The compensation rate is 2/3 of the difference between what the employee earned at the time of the work injury, and what the employee is earning at the lesser paying job.

Permanent Total Disability

Permanent Total Disability (“PTD”) benefits are available for workers who cannot work at anything other than sporadic employment. There are several requirements to meet this standard, though, which are complex and require expert medical and vocational opinions to meet. In cases where an employee suffers from a permanent and total disability, in addition to paying Minnesota workers compensation benefits to the employee, the employer must pay for the reasonable value of nursing services provided by a member of the employee’s family.