In Minnesota, under Minnesota disability laws, you can receive wage-loss benefits called Temporary Partial Disability if you are not earning as much money as you once did due to a workplace injury.
What is a Temporary Partial Disability?
Minimizing the ability of a person to work for a limited time, temporary partial disability significantly different from permanent disability, which take away someone’s ability to work for the remainder of their life. One example of a temporary partial disability would be a broken arm or leg.
An office worker who breaks his or her arm may still be able to perform some normal work tasks, such as talking on the phone or communicating with coworkers in-house. However, some tasks may not be possible due to the injury until it heals.
What is Temporary Partial Disability (TPD)?
These benefits are paid to workers injured on the job who are now earning less than the wage they were earning prior to the injury. They are partial wage loss benefits.
TPD is one of four wage-loss benefits available to injured workers. The other three are Permanent Total Disability, Temporary Total Disability, and Permanent Partial Disability. You can receive Temporary Partial Disability (TPD) benefits if your work injury results in you earning a lower weekly wage than you earned when you were injured.
For example, if you can only work part-time now but worked full-time when you were injured, you may qualify for temporary partial disability benefits. If you were working a substantial amount of overtime when you were injured but now cannot work overtime, you also may qualify for TPD benefits.
To receive TPD benefits, you must be:
- Earning less than your weekly wage when you were injured;
- Receiving a reduced wage due to the injury.
To obtain benefits through a temporary partial disability settlement, you must submit documentation to the insurer showing the difference between your weekly wage when you were injured and your current weekly wage. You will want to save paystubs and other records of payment demonstrating how much you earn per week. The insurance company must start paying you wage-loss benefits 10 days after you send in the documentation.
If you qualify for TPD benefits, you will receive two-thirds of the difference between your average weekly wage when you were injured and your current weekly wage. The combination of the TPD benefit you receive each week and the wages you earn cannot be greater than 500% of the Minnesota average weekly wage.
You can receive TPD wage-loss benefits for a maximum of 275 weeks. If 450 weeks have passed since the date of injury, your TPD benefits will stop even if you have not received 275 weeks’ worth of pay. There is one exception: if you participate in retraining and are working at a lower wage rate during the training program, any TPD you receive during the program does not count against the week limits.
The benefits are distributed only if the worker is employment. When determining limitations on benefits and length of TPD payments, it is important to know the date of the injury.
During the period in which TPD is due, if the worker is earning an inconsistent level of wages, the insurance company may require verification of wage before the payment is made. However, of the wages of the employee are consistent for a length of time, the insurance company should not demand this information prior to payment.
Oftentimes, workers’ compensation cases in Minnesota can be complex. For this reason, it is beneficial to have an attorney on your side who can provide you with guidance and advice throughout the various phases of the process and help ensure you secure all the benefits that are available to you.
Need help getting workers’ compensation for your injury or how to apply for short term disability in Minnesota? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.