Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This is a question with regard to my workers compensation…

Customer Question
This is a question with...
This is a question with regard to my workers compensation injury. I had a Total Shoulder Arthroplasty done with reattachment of my bicep. What is the approx disability rating for this in Minnesota? Settlement is near and want to make sure it's fair.
Submitted: 10 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
9/27/2017
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,425
Experience: Licensed to practice before state and federal court
Verified

Please forgive me for writing that. That was my mistake. That was for another customer. Just one moment.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

I'm very sorry for the delay. Under Minnesota law, the approximate disability rating is between 13 and 17%. At 13%, it is important to understand that the employer must also be at least 55 years old and not high school graduate. At 15%, the employee has to be at least 50 years old at the time of the injury, but there is no age requirement for the 17% permanent disability. The current compensation rate he is 2/3 an employee's gross weekly wage at the time of the injury Did you have any other questions for me about this?

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
How many weeks does 17% come out to be?
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

Well, if you have permanent total disability, then it means that you will be paid out disability so long as you can't return to work, so indefinitely.

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
No I am back to work but the 17% usually is so many weeks as far as paying out for that rating? I got one for my back years ago and the % they rated by disability was on some chart. So 17% equals how many weeks paid out?
Customer reply replied 10 months ago
being I had a new shoulder put in I assume this is Permanent total and not Temp Total?
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

Unfortunately, as much as I would like to answer this question, I simply don't have the answer and I can't find it. Let me do this, let me opt out and have another expert review your situation who is more skilled in MN worker's comp. My apologies. Please do not rate because your question may be closed by the moderators entirely.

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
Ok I will wait to hear from another atty. Thank you
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,955
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.

If you have a disability rating of at least 17% now under the new MN law, you can claim permanent total disability. This means that under MN law, " For permanent total disability, as defined in subdivision 5, the compensation shall be 66-2/3 percent of the daily wage at the time of the injury, subject to a maximum weekly compensation equal to the maximum weekly compensation for a temporary total disability and a minimum weekly compensation equal to 65 percent of the statewide average weekly wage. This compensation shall be paid during the permanent total disability of the injured employee but after a total of $25,000 of weekly compensation has been paid, the amount of the weekly compensation benefits being paid by the employer shall be reduced by the amount of any disability benefits being paid by any government disability benefit program if the disability benefits are occasioned by the same injury or injuries which give rise to payments under this subdivision."

So you would collect your permanent total disability up to your maximum retirement age in accordance with the MN law. See also (copy and paste link to browser, do not click link): https://www.revisor.mn.gov/statutes/?id=176.101

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
Okay I'm not sure maybe I'm confusing people LOL I am back to work and my disability rating is coming up in 2 months. With a shoulder replacement do they pay out the rating as permanent total or temporary total. Like I said I am back to work. If it's true like the previous attorney said a total shoulder replacement would be a 17% rating how many weeks does that equal to as far as a payment for settlement? I know there is a chart of some kind that tells you how many weeks that is equal to. I did get 7:20 a week on work comp when I was off of work
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

They could pay out total permanent if your doctor says you cannot work, but that does not seem to be the case, so in that case you would receive 17% of whatever your total disability would be under partial permanent disability and that is received up to $90,000. See: http://www.dli.mn.gov/wc/DispBenPpd.asp (copy and paste link to your browser, do not click it).

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
I'm sorry the link is not working is that the link that tells us how many weeks 17% is?
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

I asked you to copy and paste the link to your browser and not click on it, if you would do so (as I just did) it would work.

That is the link that tells you your maximum benefit, it is not a number of weeks, it is up to $90,000 of payments.

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
Now that I got into my home and off of my phone, you are correct, you asked me not to click on the link. I pasted it into my browser and it still won't open. It's ok, I'll just wait.
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

I just copied it and pasted it 3 different times and it opened. I do not know what the issue is on your end with that, but I do know this site has an issue with clicking on links which is why I told you not to click on it.

Please type the web address in there if you want to double check me as I am copying and pasting the information below, it is the MN department of labor site.

Workers' compensation -- Disability benefits: Permanent partial disability (PPD)

Permanent partial disability (PPD) benefits are payable for the permanent functional loss of use of the body based upon a disability schedule.

Prior to 1984, PPD ratings were given to each body part, such as the back, arm or leg. The ratings were multiplied by a specific number of weeks and again multiplied by the compensation rate to determine the amount payable. If the employee injured more than one body part, the amount owed for each body part was increased by 15 percent. Payment of benefits was usually made in a lump sum.

Since 1984, PPD ratings have been assigned as a percentage of disability to the body as a whole and there have been rules (usually called the PPD schedule) that are required to be used when determining the rating. The total percentage rating is multiplied by a specific dollar amount or a number of weeks to determine the benefits that are payable. Ratings cannot exceed 100 percent of the whole body for any one injury. Permanent partial disability benefits can be paid concurrently with TPD and PTD, but not with TTD.

Determining the proper permanent partial disability rating and payment amount for a claim can be complicated. This section will primarily focus on dates of injury since 1984, and will explain:

  • how to compute the amount due;

  • the basics of using the PPD schedule;

  • how to combine multiple ratings;

  • when and how PPD is payable;

  • how to apportion pre-existing PPD; and

  • what the insurer needs to do when PPD is or is not payable.

Statutory language

176.101 Compensation Schedule (1995)
Subd. 2a. Permanent partial disability.

(a) Compensation for permanent partial disability is as provided in this subdivision. Permanent partial disability must be rated as a percentage of the whole body in accordance with rules adopted by the commissioner under section 176.105. The percentage determined per the rules must be multiplied by the corresponding amount.

Injuries from Oct. 1, 1995, through Sept. 30, 2000

Impairment rating %AmountImpairment rating %Amount

0-25$75,00061-65$160,000

26-30$80,00066-70$180,000

31-35$85,00071-75$200,000

36-40$90,00076-80$240,000

41-45$95,00081-85$280,000

46-50$100,00086-90$320,000

51-55$120,00091-95$360,000

56-60$140,00096-100$400,000

Injuries on or after Oct. 1, 2000

Impairment rating %AmountImpairment rating %Amount

0-5$75,00051-55$165,000

6-10$80,00056-60$190,000

11-15$85,00061-65$215,000

16-20$90,00066-70$240,000

21-25$95,00071-75$265,000

26-30$100,00076-80$315,000

31-35$110,00081-85$365,000

36-40$120,00086-90$415,000

41-45$130,00091-95$465,000

46-50$140,00096-100$515,000

For example, if the rating is 11 percent, find the 11- to 15-percent range on the table and multiply 11 percent by $85,000. The amount owed is $9,350.

Note: For ratings that fall between ranges, simple rounding rules for selecting the correct range are to be followed (Herrley v. Brunner Trucking, WCCA 8/31/1989). For example, if the rating is 5.49 percent, multiply 5.49 percent by $75,000. However, if the rating is 5.51 percent, multiply 5.51 percent by $80,000.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 126,955
126,955 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Is there a monetary payout in a workman's comp claim where
Is there a monetary payout in a workman's comp claim where staff infection occurs due to an operarion?… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I have two current work related injuries(separate dates): 1
I have two current work related injuries(separate dates): 1 shoulder and the opposite wrist, I may get released on the wrist tomorrow. If the employer has modified work/duty available, but I am unable… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,955 satisfied customers
I live in Texas I was hurt at work when a transmission jack
I live in Texas I was hurt at work when a transmission jack failed ( which later I found out the manager new it was broken but still kept with the working tools) I tore my left shoulder and right bice… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I got injured on my job in 2005. It was originally my rotator
I got injured on my job in 2005. It was originally my rotator cuff, but the doctor's consent rated on my neck and I had neck surgery in 2007. The pain continued, so CCMSI caseworker decided to to push… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I was injured at work 5 years ago and have been on workers
I was injured at work 5 years ago and have been on workers comp all this time. I am about to be classified with permanent total disability, will this action cause me to be terminated as a employee and… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
hey workmans comp . delayed approval of a surgery requested
hey workmans comp . delayed approval of a surgery requested by. a orthopedic surgeon . diagnosis went from a tear,to a detachment . surgeon unable to reattach .this was a ligament or tendon ,attaching… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,955 satisfied customers
I have a 50% loss of the use of left shoulder- I really do
I have a 50% loss of the use of left shoulder- I really do not know if the settlement they are offering is accurate. how do they figure this and am I still covered medically this is workers comp… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I had a slap II tear in my shoulder, I kept complaining about
I had a slap II tear in my shoulder, I kept complaining about pain 16 months later went back in for a MRI tore on both sides of where was fixed. 6 months out of revision the want to settle for $1500. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,955 satisfied customers
I am being offered a wc settlement were i sign away all my
I am being offered a wc settlement were i sign away all my rights for 14k for 16% PD and 16k for signing away everything and added addendums of waiving SS and Medicare and a paper says that instead of… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
A question on workmans comp I have an employee who aggravated
A question on workmans comp: I have an employee who aggravated a shoulder injury injured in high school and workmans comp decided to cover it. He is scheduled to see a specialist on the shoulder (he h… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I injured my left shoulder while on duty as a Patrol Sgt. for
I injured my left shoulder while on duty as a Patrol Sgt. for the FT Hunter Liggett Police Department (Federal Police) in December 2003. I went through a couple of surguries in 2004 and was on tempora… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Have just gone through a workers comp medical with significant
Have just gone through a workers comp medical with significant shoulder and arm deficits and hand weakness from a car broadsiding me on the drivers side while I was working in 2004. I ended up diagnos… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have been being treated for a fall injury to my shoulder
I have been being treated for a fall injury to my shoulder that happened in 2005. I have had 2 surgeries and have gotten no pain relief in fact the pain in my shoulder is worse now than before. Struct… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,955 satisfied customers
I was hurt at work and had a slap lesion tear. workmans comp
I was hurt at work and had a slap lesion tear. workmans comp has paid for the surgery and pt. I am having bicep tendon pain since the surgery. I have missed no work as the surgery was during vacation … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My bicep was torn off of my forearm when doing annual inventory
My bicep was torn off of my forearm when doing annual inventory at work. It required surgery to reattach the bicep. I am still exeperaincing great pain and there are complications that have came up si… read more
Legal Eagle
Legal Eagle
Attorney at Law
Doctoral Degree
381 satisfied customers
I LIVE IN MICH AND I INJURY MY SELF OCTOBER 0F 06 ON MY JOB
I LIVE IN MICH AND I INJURY MY SELF OCTOBER 0F 06 ON MY JOB AND MY DOCTOR PUT ME ON TOTAL DISABILITY RESTRICTIONS THAT I COULD NOT BEND, SIT FOR OVER THREE HOURS THEN I GOT TO LAY DOWN, NO STANDING FO… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I am a nurse who tore my rotator cuff lifting a patient in
I am a nurse who tore my rotator cuff lifting a patient in 2007 which required surgery. The hospital was afraid i would sue so they started paying me settlement checks that would equal $17.000 for thi… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers
My husband was hurt on the job 1-1/2 years ago. He ...
My husband was hurt on the job 1-1/2 years ago. He completely "tore" his rotator cuff off. Due to the many "hoops" that you have to go through, it was a little over a mth before he had surgery. The te… read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x