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).

We are pleased to share that Ron Meuser, Jennifer Yackley, Mary Beth Boyce and Ashley Biermann of Meuser Law Office, P.A. were invited recently to speak to the City of Burnsville police officers, firefighters and HR Generalists. Ron and his team of experienced attorneys were asked to educate the group of first responders and HR Generalists on the basics of PERA disability, Minnesota work comp, as well as other benefits available in the event an injury occurs in the line of duty.

Once combined, Burnsville’s police and fire departments have been operating since 1981 as individual units with the shared commitment to the preservation of life, safety and protection of property for the city’s residents, business owners, and visitors. Although highly trained in safety measures to not only keep the public safe, but also the city’s first responders as well, injuries do occur. In fact, according to the Bureau of Labor Statistics, police officers are four times more likely to be injured on the job than other occupations. The types of injuries to firefighters, such as cancer, are growing as well according to the National Fire Protection Agencies. The City of Burnsville understands the increased danger the police officers and firefighters face each day and want to ensure their first responders know what steps to take when an injury happens to ensure they receive the full benefits they are entitled, including continuation of health insurance and PTSD.

Meuser Law Office, P.A. has proudly and successfully represented hundreds of police officers and firefighters throughout the state of Minnesota for PERA disability and workers’ compensation claims for in-the-line-of-duty injuries.

Coordinating all the different types of benefits available to injured police officers and firefighters is complicated. It’s easy to make mistakes, and those mistakes can cost hundreds of thousands of dollars. One of the most common mistakes we see is when an individual applies for the wrong type of PERA Police and Fire Plan Benefit.

In addition to retirement benefits, Minnesota police officers and firefighters who are disabled from performing their regular duties may be eligible for a variety of different types of disability benefits, including:

• regular disability
• duty disability
• permanent and total regular disability
• permanent and total duty disability

You no longer carry the badge, but you carry the battle scars. Throughout your career as a public servant, you have risked life and limb to protect the safety and property of the public. Now, with a career-ending injury, you have questions. What will I do If I can’t continue as a police officer or firefighter? What will I do for income? How will I continue to provide for my family? The answers to these questions involve complicated, emotional decisions. During this sensitive time, it’s important to have a legal advocate who will help you move forward with knowledge and confidence to recover the benefits you deserve.
Minnesota police officers and firefighters who are injured in the line of duty may be eligible for a variety of disability benefits, including workers’ compensation, PERA/MSRS disability, and/or health care continuation under Minn. Stat. § 299A.465.

Minnesota police officers and firefighters who sustain career-ending injuries in the line of duty are entitled to a wide variety of benefits. These benefits can be worth several hundred thousand dollars. However, the laws governing these types of benefits are extremely complex and specialized. It’s easy to make mistakes and those mistakes can be incredibly costly.

Workers’ compensation:

As with all employees whose employers are legally required to carry workers’ compensation insurance, all Minnesota firefighters, police officers, and corrections officers are eligible for workers’ compensation benefits in the event of an on-the-job injury. Minnesota workers’ compensation benefits include medical expense, wage loss, permanent partial disability, and/or rehabilitation/retraining benefits.

PERA or MSRS disability benefits:

Minnesota police officers, firefighters, and corrections officers may also be eligible for disability benefits through the Public Employees Retirement Association (PERA) or the Minnesota State Retirement System in the event they sustain an injury in the line of duty that prevents them from performing their normal duties for a period of at least a year. For instance, if the disabling injury occurred while the police officer, corrections officer, or firefighter was performing duties that presents inherent dangers specific to his or her position, the officer or firefighter may be eligible for PERA or MSRS Duty Disability benefits. For police officers and firefighters covered under the PERA Police and Fire Plan or State Troopers or conservations officers covered under the MSRS State Patrol Plan, Duty Disability benefits are payable at a base rate of 60% of the plan member’s high five average salary. Regular disability benefits are generally payable at a base rate of 45% of the member’s high five average salary.

Health Care Continuation Benefits:

Minnesota police officers and firefighters who are approved for PERA or MSRS duty disability benefits may also qualify for Continued Health Insurance Benefits in accordance with Minn. Stat. § 299A.465. This statute requires an employer to continue to pay its share of the health insurance premium for the disabled police officer or firefighter until the beneficiary reaches age 65.

If you’re a Minnesota police officer or firefighter with a serious work-related injury, it is extremely wise to consult with an attorney who practices both workers’ compensation law as well as PERA/MSRS disability law. We routinely meet with police officers and firefighters who aren’t even aware of the extent of the disability benefits available to them, or they are being represented by a workers’ compensation attorney who has told them that they can’t help them with their disability benefits. The PERA/MSRS disability benefits and Health Care Continuation benefits are frankly worth more in the long run than the workers’ compensation benefits. Do not leave hundreds of thousands of dollars sitting on the table by failing to pursue your potential claims for disability benefits or Health Care Continuation benefits!

Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims. Sitting down with us for a consultation to learn more about your potential claims for workers’ compensation, PERA/MSRS, Health Care Continuation Benefits is a lot like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. Meuser Law Office, P.A. can help make the process easier. Contact us today for an initial free consultation.