What You Need to Know About Minnesota Workers’ Compensation Laws
Being injured on the job can be stressful for any employee. Filing for Workers’ Compensation can be a tricky process due to the multiple moving parts, especially as you are dealing with the consequences of your injury. Here is everything you need to know about Workers’ Compensation Laws for injured employees in Minnesota.
What is Workers’ Compensation?
Workers’ compensation is a form of monetary compensation which allows injured workers to receive damages for the accident that caused them injury while they were on the job. Worker’s Compensation helps employers avoid the need for further litigation, such as getting sued directly for an injury that a worker receives on employers’ premises. Worker’s Compensation can also help coworkers avoid litigation. Worker’s Compensation does not always have to be for the person who suffered the injury, if the worker was killed on the job, the Worker’s Compensation can also go to the dependents. Workers’ compensation is meant for current medical expenses and loss of pay that were brought on by a work-related injury.
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The Federal Employment Compensation Act
The Federal Employment Compensation Act applies to non-military and federal employees. This allows them to receive Worker’s Compensation for work-related medical expenses. The act also allows the employee to go through job retraining. The act states that disabled employees can receive 2/3 of the normal monthly salaries, and if they receive permanent physical injuries they can receive more than 2/3 of their monthly salary. In the case that they have a dependence on their tax forms, they may also receive a larger portion than 2/3ds of their normal monthly salary.
Who is eligible for workers’ compensation in Minnesota?
Minnesota requires no minimum number of employees for an employer to have Worker’s Compensation insurance. This means that even if an employer possesses one part-time employee, they must provide Worker’s Compensation coverage.
The employees below are covered by the Workers’ Compensation Act:
Part-time employees who are and are not citizens
Workers who are considered to be paid on a rate, such as an hourly or monthly rate more likely to be considered employees compared to a worker who charges a single amount
While companies may often interact with higher independent contractors, oftentimes they may misclassify employees. In certain circumstances this may be the correct classification, however, sometimes an employer will state someone who fills in the employee role as an independent contractor to reduce business costs. The misclassification of employees is considered to be illegal, especially if done knowingly
Related: What to Ask for in an Employment Discrimination Settlement
How can you file for Worker’s Compensation in Minnesota?
Here are the necessary steps to take to file for workers’ compensation:
Immediately after the injury has occurred, after taking any immediate medical steps that you need to take to stabilize your injury, it is required to inform your employer. The workplace accident or the disease should be reported to the employer within 14 days after the injury occurred
Once the injury has been reported, the employer must finish a form called the first report of injury. This form should be filed with the insurance company and a copy should be sent to you.
The insurance company is then required to file a report with the Minnesota Department of labor and industry. This must be done within 10 days.
What is the Statute of limitations for filing for workers’ comp in Minnesota?
The statute of limitations for filing workers’ compensation is three years from the date in which the injury or act occurred.
What happens if after an injury the doctor allows you to return on partial disability?
If you are now a partial disability, and your doctor allows you to return to part-time work, that can classify you as a worker with a temporary partial disability. Since during these working hours you will still be recovering, your usual working hours may become more restricted. Due to this, your earnings may be lower. If this happens you can be eligible for temporary partial disability benefits. Temporary partial disability benefits, also known as TPD are equivalent to 2/3 of the difference in your earnings.
If you or a loved one would like to learn more about Minnesota Workers’ Compensation Laws, get your free consultation with one of our Employment Attorneys in Minnesota today!