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What to Do When You Receive a Notice of Intention to Discontinue Benefits?

On Behalf of | Oct 4, 2018 | Workers' Compensation

When you file a worker’s compensation claim in Minnesota and it is approved, you will not only receive compensation for your medical bills, but you will be paid wage loss benefits as well if applicable. However, in cases where wage loss benefits are applied, there may come a time when you receive a Notice of Intention to Discontinue Benefits, or a NOID. While this form can occasionally be rather shocking some while completely expected to others, the reason your benefits will be cut off is disclosed inside. This will help give you an idea of what options you should take to fight it or if it should be fought at all.

Reasons Injured Workers Receive a NOID

There are a variety of factors that can cause a NOID notice to be sent out to injured workers that are receiving workers compensation benefits. These factors include:

  • Returning to Work – In many cases, your injury will require you to take time off of work in order to heal. During this time, benefits will be paid at 2/3 your average wage per week. However, if you are healed and returning to work at your normal wage, you no longer need those wage loss benefits and they will be discontinued.
  • Work Restrictions Lifted – If you have consulted with your physician and they have given you the all clear to return to normal work functions without limitations, then you will no longer collect benefits do to any loss of wages.
  • Maximum Medical Improvement (MMI) Reached – After you are injured, you will receive total temporary disability benefits until your maximum medical improvement can be reached. This means you have healed as much as your injury can be healed. After that period, those benefits end within 90 days.
  • Pre-Injury Wage Re-Attained – After some injuries you may return to work, but at a less wage as you cannot perform all duties or work as many hours as you used to. However, once you are able to re-attain your pre-injury wage, you no longer require wage loss benefits.
  • Total Temporary Disability Benefits Ended – No matter what the injury was, if it qualified for total temporary disability and not a permanent disability, it has a maximum time period. In Minnesota, this is 130 weeks. Afterwards, you will no longer receive benefits.

What to Do When You Receive A NOID

In most cases, the arrival of a NOID is valid and will always be explained on the form. However, if you disagree with the reason or it is not true, you are allowed to dispute the notice. By contacting your worker’s compensation attorney, they can help you determine the validity and meet with a judge to argue your position. However, the time period for this is a rather small window at only twelve days, so you need to work quickly. However, as many of these meetings are done through a teleconference with a judge due to the tight time constraints, often if you contact your lawyer right away then you have more than enough time. This does mean if you negotiated your claim without an attorney, you will need to spring into action almost immediately to find one. Arguing your position in these matters can often be fruitless if you do not know very specific areas of worker’s compensation law.

If you were hurt in the St. Paul area and are starting the worker’s compensation process or have already received a NOID for a previously settled case, contact us today. The Law Office of Joshua Borken is dedicated to representing the rights of injured Minnesota workers to make sure they are covered and get the compensation they are entitled to.