In cases where Minnesota police officers or firefighters are injured in the line of duty through the fault of a third-party, typically a suspect or the driver of another vehicle, then he or she has a separate cause of action against the negligent person, outside of PERA/MSRS benefits and workers’ compensation benefits. In those cases, sometimes defendants try to argue to the jury that the officer or firefighter did not truly sustain any economic damage because he or she has been adequately compensated for his or her loss by PERA or MSRS Duty Disability benefits.

Police officers or firefighters who sustain injuries in the line of duty with a third-party civil claim component to their claims, may be faced with the question if PERA and MSRS Duty Disability benefits should be offset from their wage loss recovery. Typically, workers who sustain injuries arising out of the course and scope of his or her employment may not bring a claim for negligence, meaning he or she may only have a claim for limited benefits under the Workers’ Compensation Act paid by the entity’s insurer or the entity itself if the City is self-insured for the purposes of workers’ compensation. If an injured worker is a police officer or a firefighter, and the injury is sustained while performing inherently dangerous duties specific to the public service position then he or she may also have a PERA or MSRS Duty Disability claim for benefits. If someone can demonstrate that a person or business other than the employer is the cause of the injury, then the claimant may bring a claim as against that the person responsible who acted carelessly or unreasonably. At Meuser Law Office, P.A. we have brought claims on behalf of firefighters who have been injured by negligent construction of buildings, police officers who have been injured in motor vehicle collisions, and police officers injured by suspects resisting arrest.

People who sustain serious injuries at work in Minnesota may be eligible for BOTH workers’ compensation wage loss benefits and Social Security Disability Insurance (SSDI) benefits. In other cases, a work injury in combination with other non-work related medical conditions may qualify an injured worker for both SSDI and Minnesota workers’ compensation benefits.
If you are pursuing a SSDI disability claim, based in whole or in part on a work injury or a medical condition caused by your work activities, you should strongly consider exploring a Minnesota workers’ compensation claim as well.

We routinely meet folks in our Minnesota workers’ compensation practice who pursue a SSDI disability claim and overlook their potential workers’ compensation claims. In many instances, you can receive both! Don’t leave money sitting on the table!

Under some circumstances, Minnesota workers’ compensation claimants may also be entitled to Social Security Disability Benefits (SSDI). Eligibility for Social Security Disability Benefits (SSDI) must be taken into consideration in settling a workers’ compensation claim.
Under the Social Security rules, the total amount of your workers’ compensation benefits and social security benefits cannot exceed eighty percent (80%) of your average monthly earnings before you became disabled. If your combined benefits exceed 80% of your pre-disability average monthly earnings, your social security benefits likely will be reduced. Minnesota workers’ compensation wage loss benefits are paid at a rate of 2/3 or 66.6% of your average weekly wage (AWW) at the time of your injury. For most people receiving both workers’ compensation and Social Security Disability Income (SSDI) benefits, your social security benefits will be reduced, but not entirely offset.