1. Am I entitled to rehabilitation benefits?

An employee is entitled to rehabilitation services, or the services of a QRC, if the employee is deemed a “qualified employee.” A qualified employee is:

• permanently precluded or is likely to be permanently precluded from engaging in the employee’s usual and customary occupation or from engaging in the job the employee held at the time of injury;
• cannot reasonably be expected to return to suitable gainful employment with the date-of-injury employer; and
• can reasonably be expected to return to suitable gainful employment through the provision of rehabilitation services, considering the treating physician’s opinion of the employee’s work ability.

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.

In certain circumstances when you are injured during the course and scope of your employment you may be able to bring a civil claim against the third-party, other than your employer, who is ultimately responsible for your injuries. When pursuing a claim against a third-party or a “tortfeasor” the parties must also consider that workers’ compensation insurance carrier also has a claim against the responsible negligent party. In these situations, it’s often expedient to work together with the workers’ compensation carrier to maximize your total recovery from all the different sources, whether they be Minnesota workers’ compensation benefits, PERA/MSRS Duty Disability benefits, or civil proceeds. The enemy of my enemy is my friend.

The attorneys at Meuser Law Office, P.A. have represented hundreds of police officers and firefighters in Minnesota workers’ compensation and PERA/MSRS disability claims over the years. Unfortunately, there are times when the injury is career-ending and the individual is left wondering what to do next. Oftentimes the police officer or firefighter is too young to retire or do not know what to do once their career in law enforcement and/or firefighting is over. Most have no other experience and the only career path they wanted was to be a cop or firefighter. Our good friend and former client, Chuck Gollop, found himself in that very situation. We recently reached out to Chuck and asked him to share his story with us and how he turned his career-ending injury into the next phase of his life. Here is Chuck’s story: