How to File for Workers’ Compensation in Minnesota If You’re a Part-Time Employee?

In Minnesota, part-time employees are generally entitled to workers’ compensation benefits just like their full-time counterparts. Here’s a brief overview from a workers’ compensation attorney in St. Paul on how to file for workers’ compensation if you’re a part-time employee who has been injured on the job.

How to File as a Part-Time Employee: A Workers’ Compensation Attorney in St. Paul Explains

Who Is Eligible for Workers’ Compensation in Minnesota?

Minnesota’s workers’ compensation laws aim to protect employees from out-of-pocket costs related to workplace injuries. To qualify for workers’ compensation benefits, you must be an employee of a company that has workers’ compensation, suffer a work-related injury or illness, and report the injury to your employer within the required time frame.

The eligibility requirements focus on the nature of the employment and whether the injury or illness occurred while performing job-related duties. Your status as a part-time worker does not automatically disqualify you from receiving compensation. However, it’s important to confirm that your employer carries workers’ compensation insurance, as some small businesses and independent contractors may not be required to offer it.

The Workers’ Compensation Process

Reporting the Injury or Illness to Your Employer

In Minnesota, you must notify your employer within 14 days of the injury for it to be eligible for workers’ compensation benefits. When reporting, provide clear details of what happened, including the date, time, and location of the injury, a description of the task or activity you were performing, and any witnesses who may have seen the accident. If you delay reporting for more than 30 days, your claim could be denied.

After receiving your report, your employer is required to fill out a First Report of Injury (FROI) form and submit it to their workers’ compensation insurer. This official documentation begins the claims process.

Getting Medical Treatment and Documentation

Even if your injury seems minor, get a thorough medical evaluation, not only to get immediate treatment but also to avoid future complications from the injury or illness. The documentation from the evaluation and treatment will be needed to support your workers’ compensation claim. In Minnesota, you generally have the right to choose your own doctor for workers’ compensation cases, though some employers may have specific medical providers within their network.

Be sure to inform the doctor that your injury is work-related and keep detailed records of your medical treatment, including diagnoses, prescribed treatments, and recommendations for time off from work. If necessary, you may also undergo an Independent Medical Examination (IME), which is conducted by a doctor chosen by the workers’ compensation insurer to assess the validity of your injury.

Filing the Workers’ Compensation Claim

Once your employer submits the FROI form to their workers’ compensation insurance provider, the insurer will initiate the claims process. You should receive a notification from the insurer outlining the status of your claim, which will indicate whether it has been approved or denied. This step determines whether you will receive workers’ compensation benefits for your injury.

As a part-time employee, you may be eligible for medical benefits, which cover necessary medical treatments related to your injury. You may also qualify for Temporary Total Disability (TTD) benefits if your injury prevents you from working. These benefits provide wage-loss compensation, which is typically calculated based on your average weekly wage. Additionally, Temporary Partial Disability (TPD) benefits may be available if your injury limits your ability to perform certain tasks, compensating for the difference between your previous and current earnings.

Understanding Benefit Calculations for Part-Time Workers

Your medical benefits are not impacted by your part-time status. As long as your injury or illness is work-related, and as long as your employer carries workers’ compensation insurance, your medical costs should be covered regardless of how many hours you worked per week. Wage-loss benefits in Minnesota are calculated with a standard formula based on your average weekly wage (AWW), which reflects the income you earned before the injury.

Part-time employees may have a lower AWW than full-time employees, but even part-time workers can receive a fair amount of compensation. In some cases, your AWW may also include earnings from other employment if you hold multiple part-time jobs. However, proving concurrent employment can be challenging, so it’s important to provide thorough documentation of all your income sources.

Time Off and Returning to Work

As a part-time employee, your ability to return to work after an injury may depend on your specific job and the severity of your injury. Workers’ compensation benefits in Minnesota can help cover lost wages while you recover, but returning to work part-time might complicate the process. If your doctor clears you for light duty or reduced hours, you may still qualify for partial disability benefits.

It’s important to communicate with both your employer and your doctor during this period. Your employer may offer modified duties that fit your current physical limitations, allowing you to return to work gradually.

What If You Work for Multiple Employers?

If you were injured while working for one employer but also hold another job, you might be wondering how your workers’ compensation claim will affect your other employment. Minnesota workers’ compensation laws allow part-time employees to include wages from multiple jobs in the calculation of their AWW.

However, this applies only if both employers are aware of your concurrent employment. If your secondary employer was unaware that you had another job, they might dispute including those wages in the calculation. It’s important to have clear communication and documentation that proves your dual employment status, so your wage-loss benefits are not limited to only the income you earned from the employer where the injury occurred.

Dealing with Denied Claims

If your claim is denied, you can request a formal hearing with the Minnesota Office of Administrative Hearings (OAH) to appeal the decision. During the hearing, you will need to present evidence that supports your case, such as medical records, witness testimony, and proof of income.

A common reason for denial is the insurer disputing whether your injury was work-related. Another reason frequently given is that you failed to report the injury within the required time frame. There is also the possibility that your employer claims you were not on the job when the injury occurred. Having an attorney can greatly improve your chances of a successful appeal.

Hiring an Attorney for Help with Your Claim

Hiring an experienced attorney can make a big difference in whether your claim is approved or denied. An attorney can help you with the claims process, making sure all forms are filed correctly. They will also assist with gathering all relevant medical records and evidence to support your claim and, if necessary, represent you during hearings or appeals if your claim is denied.

Because workers’ compensation attorneys typically work on a contingency fee basis, you won’t have to worry about paying legal fees upfront. Instead, the attorney is paid a portion of your benefits if your case is successful.

If you are unsure about any aspect of your workers’ compensation claim or if your claim has been denied, contact us at the Atkinson Gerber Law Office, here in St. Paul or Minneapolis, MN. Our experienced workers’ compensation attorneys can listen to your case and discuss your options with you.