How Long Do Workers’ Compensation Benefits Last in MN?
If an employee is unable to work due to a workplace injury, then the employee is entitled to wage loss benefits. This is called “temporary total disability benefits” or "TTD." At most, an employee can collect temporary total disability benefits for 130 weeks.
If an injured employee is able to work, but is earning less because of the personal injury, then the employee is entitled to payment for those partially lost wages. This is called “temporary partial disability benefits” or "TPD." At most, an employee can collect temporary partial disability benefits for 275 weeks.
If an employee will not be able to do any substantial work again because of the injury, the employee is entitled to wage loss benefits. This is called “permanent total disability benefits” or "PTD." At most, an employee can collect permanent total disability benefits until retirement.
However, insurers usually try to stop paying benefits earlier than those time limits. Once a workers’ compensation insurer has begun paying wage loss benefits, it must claim that it has an allowed reason to stop paying. Employees have a right to an expedited hearing to dispute the insurers attempts to stop paying.
How Long Can You Collect Workers' Comp - TTD
Common reasons that insurers use to stop paying temporary total disability benefits are listed below. Less common reasons include failure to cooperate a rehabilitation plan, unreasonable refusal of medical care, and withdrawal from the labor market.
130 weeks of TTD benefits have been paid
An employee can receive workers comp benefits for temporary total disability benefits for 130 weeks. The insurance company can stop paying TTD after that length of time. However, if that employee starts working and is earning less money because of the injury, the employee should be paid temporary partial disability benefits.
The employee has returned to work
An insurer will not continue to pay temporary total disability benefits to an employee that is working. However, if that employee is earning less money because of the injury, the employee should be paid temporary partial disability benefits.
The employee has no work restrictions
This can be shown when the employee’s doctor releases the employee to return to work with no restrictions. Insurers sometimes try to show this by having the employee evaluated by a different doctor, chosen by the insurer. Employees often dispute this type of medical opinion.
The employee turned down a job offer
An insurer can sometimes stop paying temporary total disability benefits to an employee that refused a job offer. The insurer has to prove that the employee was physically able to do the job (usually this means that the job does not require the employee to do anything outside of his or her work restrictions). The insurer also has to prove that the refusal was unreasonable (it usually would be reasonable to refuse a job that would require the employee to move, or for which childcare is unavailable).
The employee has known for three months that the injury would not get better
The treating doctor will eventually say that the employee reached “maximum medical improvement” or “MMI.” This means that the doctor does not expect medical treatment to improve the injury any more.
The insurer will then mail a form to the employee that says the employee has reached MMI. 90 days later, the insurer may stop paying temporary total disability benefits. Insurers sometimes try to show MMI by having the employee evaluated by a different doctor, chosen by the insurer. Employees often dispute this type of medical opinion.
How Long Can You Be On Workers' Comp in MN - TPD
An employee can receive workers compensation benefits for temporary partial disability benefits for 275 weeks. The insurance company can stop paying TPD after that length of time. The insurance company can also stop paying TPD if the wage loss is not caused by the injury.
Disputing a Discontinuance
If an insurer claims that it has a reason to stop paying temporary total disability benefits, the insurer cannot just stop paying. The insurer has to first mail the employee a Notice of Intention to Discontinue Workers’ Compensation Benefits.
The Employee has the right to dispute the discontinuance of benefits. If the insurer cannot prove the reason that it gave for the discontinuance, then the court will order the insurer to continue paying benefits. Watch the video for a detailed explanation of how this works.
Permanent Total Disability
Permanent total disability means that the injured worker will be unable to find any work other than sporadic employment leading to insubstantial income. There is not a maximum number of weeks for this type of workers compensation claim. It is payable until retirement. Currently, the workers compensation statute presumes retirement at age 72.
Conclusion
What is the longest you can be on workers' comp? Technically, the answer is until retirement. Practically, the answer is more likely as long as you are totally or partially disabled because of the work-related injury.
LawSmith PLLC is a Minnesota legal practice that represents employees in workers' compensation cases. A free consultation with an experienced workers compensation lawyer is available to Minnesota injured workers on request.
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