Workers' compensation changes in Minnesota

June 14, 2013 (Press-News.org) With little fanfare, the Minnesota State Legislature has passed a bill containing changes to the state's workers' compensation system. Workers' compensation pays medical and wage replacement costs for people who are hurt or become ill on the job. The bill's content was largely provided by the Minnesota Workers' Compensation Council, representing an agreement between labor and business interests. The governor has signed the bill into law, and the new law's provisions will go into effect in 2013.

Higher benefits payments

Some changes will increase benefits for injured and ill workers. Notably, the maximum weekly wage replacement benefit will be tied to Minnesota's statewide average weekly wage. For the year from October 2012 through September 2013, the SAWW is $916. Currently, weekly workers' compensation wage benefits are capped at $850, so the maximum will rise considerably.

Workers who receive benefits over a long term receive an annual cost of living adjustment, and the new law increases the amount of this adjustment and makes it available sooner. At present, the COLA is based on SAWW changes and cannot be higher than a two percent increase. When the new law takes effect, the cap on the COLA increase will go up to three percent. Workers cannot receive a COLA immediately, but must wait four years under current law; the new law decreases the deferral period to just three years.

Changes in treatment

Workers who experience a purely mental injury may be able to obtain benefits when they have not previously been allowed to do so. The new law provides that an employee is covered for posttraumatic stress disorder that originates in the workplace. An exception applies if an employer's good faith action caused the injury.

A controversial procedure will be dealt with differently. Back fusion surgery is a possible treatment for some injured workers, and the procedure is under ongoing study. The 2013 law allows for a patient advocate program that will educate injured workers about their choices when back fusion surgery is suggested. Patients will be able to make more informed decisions about treatment of workplace back injuries.

The use of narcotics to treat chronic pain due to workplace injury is of concern, because use of these drugs can lead to dependency. At present the state can impose rules requiring medical providers to follow treatment standards for pain management. The law has been revised so that the workers' compensation commissioner can compel patients and doctors to sign a treatment contract covering long-term use of narcotic pain relievers.

Other changes

Some additional changes in the law may be less directly apparent to workers. One change concerns the payment available to health care providers when it is debatable whether an injury is work-related. Sometimes workers' compensation pays more than an employee's general health insurance does. Under the new law, when general health insurance has paid the health provider for a service, the insurance payment will be considered payment in full, even if it is later determined that workers' compensation would cover the service.

To learn more about other changes that could have an impact on a workers' compensation claim, sick and injured workers will do well to consult an attorney. An attorney who practices in the area of workers' compensation stays up to date on the law and will be able to help applicants through the claims process.

Article provided by Midwest Disability, P.A.
Visit us at www.midwestdisabilityworkcomp.com