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If you are no longer working due to COVID-19, you might be entitled to workers compensation benefits.

What you should know about vocational rehabilitation in Minnesota

According to Minnesota law, vocational rehabilitation serves the purpose of restoring a worker who is injured on the job to a position similar to the worker’s former employment. Or, the worker can return to their job but must work in another department that offers similar compensation to what the worker would have made without a disability. Any time a worker or employer requests a rehabilitation consultation, the consultation must be provided according to the worker’s disability status report.

Filling out a disability status report form

If you’re injured on the job, you should refer to workers’ compensation laws like Minnesota Rules Part 5220.0100, subp. 7, which requires the insurance company to send a Disability Status Report to the employee and file a copy of the form with the Department of Labor and Industry once these conditions are met:

  • filing must occur within 14 days of knowledge that the worker’s temporary total disability will likely be more than 13 weeks
  • filing must occur within 90 days of the injury date when the worker has not returned to work
  • filing must occur within 14 days after the rehabilitation consultation form has been received, or within 14 calendar days after receipt of a request for a rehabilitation consultation, whichever is sooner

What happens next?

Workers’ compensation laws in Minnesota indicate that the disability status report refers a worker for a consultation. The report can also be used to request a waiver.

A waiver is used when the employer presents a document that offers gainful and suitable employment. The employer must sign the waiver and it must indicate medical restrictions dictated by the doctor. The injured employee must return the waiver within 90 days. If the waiver is granted, it will only be effective for 90 days and may not be eligible for renewal. A new disability status report must be filed within 14 days of the expiration date of the originally approved waiver.

If you have questions about workers’ compensation laws, contact an experienced Minnesota attorney who could help you get the money you deserve when you’re unable to work.

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