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What Are Wage-Loss Benefits When Hurt on the Job?

Posted by Brandon Lauer | Oct 31, 2018 | 0 Comments

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It's a situation nobody wants to be in. You're at work, an accident occurs, and now you find yourself injured. The medical bills stack up, and to top it off, you either can't go back to work due to the injury, or you can only work in a limited capacity.

In Work Comp, there are three types of wage-loss benefits for employees that may be available.

- Temporary Total Disability: this is what it sounds like. You're totally unable to work for a period of time. When this occurs, the benefit pays out 2/3 of what your average weekly wage was at the time of the injury. So, if you made $600 a week when injured, you would receive $400 a week.

-Permanent Total Disability: think of this as a permanent inability to "secure anything more than sporadic employment resulting in an insubstantial income." Minn. Stat. 176.101, subd. 5. A benefit of 2/3 your average weekly wage may be available until retirement.

-Temporary Partial Disability: this is when one is temporarily limited in their capacity to work, but not totally. Such an employee may be able to receive this wage loss benefit when they are working a job, but not making as much as they were before the injury. When this occurs, the benefit is 2/3 of the difference. So, if you made $900 a week when injured, and you currently only make $300 a week due to the injury, you would receive $400 a week in benefits (900-300=600 x 2/3).

Of course, the intricacies of the law on these benefits are more refined than a simple blog post can lay out. This is why if you get injured at work, having a Work Comp attorney on your side is so important.

About the Author

Brandon Lauer

-Mitchell Hamline School of Law, Juris Doctor, Magna Cum Laude -University of Minnesota Duluth, B.A. Political Science, Cum Laude -During law school, I spent time as a Student Attorney at both the State Public Defenders and the Wright County Public Defenders Offices -I also law clerked under b...

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