What can you expect if you sustain an injury while in the course and scope of your employment?

Usually, the insurance company will initially acknowledge the workers’ compensation claim. Often times they will pay the wage loss and the medical expenses. But at some point in time, it’s not a matter of if, it’s a matter of when, you are going to have trouble with the insurance company. Many people try to wait and avoid hiring a lawyer for fear that it will somehow make the employer mad, that somehow the employer will take adverse reaction towards them.

Unfortunately, that almost always comes back to haunt you. Invariably, the insurance company and even the employer will use that against you and take advantage of you under the laws. Remember, not knowing the law is not an excuse. If you fail to follow the correct procedures, (like not documenting your injury or filing the appropriate documents) it does not matter that you are trying to be a good employee. It does not matter that you are trying to be a team player.

So in that regard, you need to get an experienced work comp lawyer involved once you have sustained any type of, what I call a, real or serious injury. Even though the insurance company continues to pay you and pay the benefits to which you’re entitled, it is not a matter of if there’s going to be a fight, it’s a matter of when.

During the dog days of summer here in Minnesota, outdoor workers need to be aware of the signs and symptoms of heat stress and how to treat it. Heat stress occurs when a worker’s body cannot cool down quickly enough.
Symptoms should not be ignored and time is of the essence when your body begins showing signs of heat stress. Heat exhaustion can be dangerous and heat stroke can be fatal.

The symptoms of heat exhaustion and heat stroke include:

PERA stands for the Public Employees Retirement Association, an organization that operates only in the State of Minnesota. Generally speaking, PERA provides and manages the benefits for certain public employees—for example, retired government workers, police officers and firefighters—who worked for local governments throughout the State. Currently, PERA serves over 150,000 public employees and pays benefits to more than 40,000 retirees, survivors, and disabled members. This article explains PERA’s role in providing disability benefits and workers’ compensation.

The first step towards eligibility is to be a PERA member. Under Minnesota law, most non-elected public employee positions—like police officers, firefighters, correctional officers and employees working for state counties, cities, townships, and public school districts—are automatically enrolled. However, some public employees have the option to participate as a member of PERA. Typically, optional membership is offered for certain elected officials, volunteer ambulance personnel, city managers, and physicians employed by local governments.

When applying for disability benefits, PERA members may receive one of two types of disability: “duty” disability or regular disability benefits. Duty Disability benefits are available for police officers, firefighters, and correctional officers for injuries that occurred during or arose out of the performance of duties specific to protecting the property or the safety of others. Under statute, these duties have to be inherently dangerous. Which duties are “inherently dangerous” are not always clear. In addition, the injury must prevent the performance of future duties for at least a year. If you are eligible for Duty Disability, PERA calculates your benefit by averaging 60% of your monthly salary benefit during the highest five consecutive years of earnings, also referred to as your high-five salary. That rate is increased by 3% for each year of service beyond 20 years.

I recently met with a firefighter who just had celebrated her 55th birthday. Over the past few years, she has experienced increased difficulty performing her normal firefighting duties due to the worsening effects of several on-duty injuries she had sustained. Even though this firefighter’s injuries clearly met the PERA Police and Fire Plan Duty Disability requirements, she was over the age of 55 and had in excess of 20 years of PERA-covered service, and she will not be eligible for Duty Disability benefits.
PERA Police and Fire Plan Duty Disability benefits are tax-free disability benefits, payable at a base rate of 60% of a disabled firefighter or police officer’s average high-five salary for five years, or through age 55, whichever is longer. Police and Fire Plan regular disability benefits are disability benefits payable at a base rate of 45% of a disabled firefighter or police officer’s average high-five salary. The “high-five” salary is based on a firefighter or police officer’s 60 consecutive months in which his or her salary was greatest.

Among other requirements and limitations, Minnesota police officers and firefighters who have more than 20 years of service must apply for Duty Disability benefits before age 55. Police officers and firefighters who have more than 15 years of service must apply for regular disability benefits before age 55. In other words, a police officer or firefighter who is over the age of 55 can still apply for Duty Disability if he or she has less than 20 years of service, or regular disability if he or she has less than 15 years of service.