Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
If you cannot work because of accident-related injuries in Minnesota, you have several avenues to recover lost wages. Your eligibility depends on the accident’s circumstances and your insurance coverage. Below are the primary options under Minnesota law:
1. Workers’ Compensation
If you were injured on the job, Minnesota’s Workers’ Compensation Act allows you to claim wage-loss benefits. Under Minn. Stat. § 176.101, you can receive a portion of your average weekly wage after a waiting period of up to 14 days. Temporary Total Disability (TTD) benefits pay two-thirds of your gross weekly wage, up to the state maximum.
2. Auto Insurance Personal Injury Protection (PIP)
When an auto accident leaves you unable to work, PIP benefits from your automobile insurer cover medical expenses and lost wages. Under Minn. Stat. § 65B.46, you may recover up to 85% of your gross income for a defined period, regardless of fault.
3. Third-Party Personal Injury Claim
If a negligent party caused your accident—whether it’s a car crash, slip-and-fall, or other incident—you can file a civil lawsuit for damages, including lost wages. Minnesota’s two-year statute of limitations applies (Minn. Stat. § 541.07). You must prove negligence and show medical records documenting your inability to work.
4. Short-Term and Long-Term Disability Insurance
If your employer provides disability insurance (or you purchased a private policy), you can file a claim under your policy’s terms. Short-term policies often cover up to 60–90 days of lost income, while long-term plans may start after that and continue for years or until retirement age.
5. Social Security Disability Insurance (SSDI)
If your injuries cause a total disability lasting at least one year or expected to result in death, you can apply for SSDI through the Social Security Administration. Benefits replace a portion of your past earnings and can continue indefinitely if you meet ongoing eligibility requirements.
Helpful Hints
- Document your medical treatment and keep copies of all bills, diagnoses and work restrictions.
- Notify your employer and insurer promptly in writing after your accident.
- Track your lost work hours and wages, including overtime and bonuses.
- Consult your insurance policy details for coverage limits and exclusions.
- Be aware of filing deadlines: workers’ compensation claims must be filed within two years (Minn. Stat. § 176.151), personal injury suits within two years (Minn. Stat. § 541.07).
- Consider talking to an attorney experienced in accident and injury law to assess your case and help you meet procedural requirements.