Yes! In most cases, you can receive PERA disability benefits and workers’ compensation benefits at the same time.

Police officers, firefighters, and other public employees who receive PERA disability pension benefits are usually also entitled to workers’ compensation benefits.
PERA allows a disabled firefighter or police officer to receive Duty Disability benefits plus workers’ compensation wage loss benefits, up to a total of his or her salary at the time of the disability, or the current salary of the position, whichever is greater. PERA reduces the benefit amount dollar-for-dollar if a combination of the two benefits exceeds this limit.

Divorce is a complicated and difficult situation for any Minnesota couple; however, members of the PERA Police and Fire Plan should take notice of some special considerations that could affect their access to Duty Disability benefits. Now, we do not practice family law at Meuser Law Office, P.A. but over our years of experience working with Minnesota police officers and firefighters we have routinely seen divorce decrees and domestic relations orders that do not distinguish between retirement and duty disability benefits. This non-distinction can have potentially devastating consequences if a police officer or firefighter sustains a disabling injury in the line of duty at any point following the divorce. Many family law attorneys are not well versed in PERA Duty Disability benefits so it is important for individual members to have the necessary information to protect these valuable disability benefits.

What is the distinction between Duty Disability and retirement benefits under the PERA Police and Fire Plan?

Minnesota police officers and firefighters are entitled to Duty Disability benefits under Minnesota Statutes section 353.656, subd. 1 if the service member suffers a physical or psychological condition that is expected to prevent him or her from performing his or her normal duties as a police officer or firefighter for a period of at least a year. The disability must be the direct result of an injury incurred during, or an illness arising out of, the performance of work duties and the duties must present inherent dangers that are specific to police officers or firefighters. This is a type of wage loss benefit paid at a base rate of sixty percent of your average monthly salary benefit during the highest five consecutive years of earnings.

This is a question we get quite often from Minnesota police officers and firefighters because navigating PERA and health care benefits can be quite complex. When you are approved for PERA duty disability benefits under Minnesota Statute § 353.656, subd. 41, you are also entitled to continued health insurance coverage under Minnesota Statute § 299A.465. You remain responsible for your share of your health insurance premium and your employer remains responsible for its share. Even though you are no longer working as a police officer or firefighter, your health insurance provider still considers you an employee of the county or the city. Rest assured, if you had family coverage while employed as a firefighter or a police officer, you still have family coverage afterwards and this benefit lasts until you reach age 65. Although the criteria for receiving health care continuation benefits is arguably identical to the requirements to qualify for duty disability benefits, courts hold that employers do have standing to contest your eligibility for continued health insurance coverage because they have a financial stake in your benefit. Unfortunately, this can mean double litigation for some of our clients.

Having practiced law in Minnesota over the last 20 years I am dismayed by the nature and extent of legal advertisements which bombard our airwaves. Watching television, listening to the radio or searching on Google, we repeatedly are subjected to ads from lawyers preying on what I would refer to as the “low information consumers”. Unfortunately, with the rare exception, lawyers delivering ads that contain scare tactics or promises of large settlements are not particularly good lawyers and rely upon such advertising to generate their clients when they are unable to do so otherwise through client referrals, reputation, etc. In fact, many ads are placed by Chiropractors who then refer out the cases to lawyers in their “network” with little regard to the expertise and/or experience of the lawyer https://impotenzastop.it/. Just ask Gary.

Your lawyer should come from a firm that practices exclusively in the area of Minnesota Worker’s Compensation, personal injury and, if you are a member of the police or fire department, PERA. While many cases are limited to one set of laws, an experienced lawyer will determine if there are other claims arising out of your injuries. Let me describe a recent case to demonstrate.