When a work-related injury or condition is a substantial factor in causing an employee’s death, the employee’s dependents are entitled to certain benefits under the Workers’ Compensation Act. This is referred to as a “dependency claim.” If an injured worker dies due to a work injury, the injured worker’s spouse, children, or other dependent family members may be entitled to benefits.

If you are a police officer or firefighter injured in the line of duty, you and your family may be entitled to health insurance coverage through your employer through the age of 65. The legislature through Minnesota Statutes § 299A.465 sets forth that if a police officer or firefighter cannot perform the normal duties of the position for at least twelve months due to an injury that was the result of the performance of inherently dangerous duties specific to police or firework, the police officer or firefighter is entitled to continued health insurance benefits. This eligibility standard is identical to the PERA Duty Disability eligibility standard, and is a huge financial benefit to police officers and firefighters injured in the line of duty.

What benefits does Minnesota Statutes § 299A.465 provide for duty disabled officers?

Minnesota Statutes § 299A.465 provides duty disabled police officers, firefighters and their dependents with health insurance coverage through their former employer through the age of 65. The employer must continue to pay its share of the duty disabled officer or firefighter’s health insurance premiums, as if he or she continued to work as an employee. To qualify for continued health insurance benefits under § 299A.465 the injured police officer or firefighter must have been approved for Duty Disability benefits under Minnesota Statutes § 353.01, subd. 41. This statute provides that a police officer or firefighter is eligible for benefits if he or she has a condition that is expected to prevent him or her, for a period of not less than 12 months, from performing the normal duties of the position and the condition is the direct result of an injury incurred during the performance of inherently dangerous duties that are specific to the positions covered (i.e., the positions of police officer or firefighter).

Can I choose my treating physician?

Yes, you have the right to choose your treating health care provider. But, you must choose wisely because once you choose a treating physician, it becomes difficult to switch. As such, you also have to be careful about continuing treatment with the employer-recommended physician. The employer’s physician will be deemed to have been “selected” by you as your primary treating physician if you continue to treat with him or her.