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.

I have been asked many times by injured employees, “Can I move out of state? Will this affect my Minnesota workers’ compensation benefits?” The answer I always give my clients is it depends. And, it truly does depend on a number of factors, including the location of the move and the type of benefits involved. But, we can typically find a way to make the out-of-state move work while still protecting all of the injured workers’ benefits.