Minnesota Workers’ Compensation FAQ

Joshua Borken

Here are answers to some of the most frequently asked questions our clients have about Minnesota workers’ compensation cases.

The value of your workers’ compensation case depends on different factors. Some of these factors include the amount of wages paid before and after the injury, what your weekly wage is, the severity of the injury, the time missed from work, and if the employer can accommodate the injury. Ultimately, your case’s worth is highly dependent on your unique set of circumstances. No two settlements are alike.

A qualified rehabilitation consultant, or QRC, is an agent in charge of helping devise and assist in your recovery. In order to qualify for the vocational rehabilitation process, you must meet with an assigned QRC. A QRC will also help communicate with employers about restrictions, coordinate your medical appointments, and can even assist you with your job search if your employer cannot accommodate your work restrictions.

If your usual work position requires activity that goes beyond your restrictions, your employer may offer a “light duty” position. So long as this light duty position aligns with your restrictions, you must accept it or risk losing benefits. If a “light duty” position is unavailable and you must remain home from work, then you are entitled to receive a portion of lost wages. This type of disability is called “temporary total disability” (TTD), and the benefits are two-thirds of your average weekly wage before the date of the injury.

If workers’ compensation denies treatment, you must use your health insurance to cover medical costs. If there is a workers’ compensation denial, then Minnesota law requires your health insurance to cover your treatment. This is pursuant to Minn. Stat. §176.191.

No. If your employer fires you for pursuing workers’ compensation benefits, including hiring an attorney to assist in doing so, you may bring a civil claim against them. The employer may be subject to paying additional damages.

You have three years to bring a claim if the First Report of Injury (FROI) is filed. If a FROI is not filed, you have six years to bring a claim. For occupational diseases, you have three years to bring a claim.

No. You have the right to choose your own doctor regarding treatment. However, if proceeding forward with a claim, you may have to take part in an independent medical examination (IME). For an IME, the employer can choose the doctor. If this happens, make sure to contact an attorney to know your rights, as insurance companies often use these appointments to cut off benefits.

You cannot sue your employer for an injury at work as workers’ compensation is considered the “exclusive remedy” for workplace injuries. You can only sue another employee for an injury at work if they acted outside of the scope of their employment OR intended to cause the injury that occurred. Otherwise, they cannot be sued.

With new paid leave rules taking place in 2026, you may be able to receive both workers’ compensation and Minnesota Paid Leave. However, the amount you receive from workers’ compensation will be subtracted from potential paid leave benefits. If workers’ compensation benefits exceed those of paid leave, you will not receive any additional benefits from paid leave.

It doesn’t cost you anything to talk to a workers’ compensation attorney in Minnesota. All work comp attorneys in Minnesota must work on a contingency fee basis, meaning you only pay an attorney from the benefits your attorney recovers on your behalf. If you’re ever unsure about how the workers’ compensation process works, it’s a good idea to contact an attorney so you can understand the process, know your rights, and find out what benefits you may be owed both now and in the future.

Why You Should Work With Josh

There are many workers’ comp lawyers, but few give you the same attention, personal service, and commitment as Josh and his team.

A Workers' Comp Specialist
Josh and his team begin by explaining your rights to you, so you understand what you deserve.
A Relentless Fighter
Josh has a track record of winning tough cases and overturning denied claims.
A Hands-On Advocate
Josh gives personal attention, explains the process clearly, and supports you every step of the way.

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If you’ve been injured at work, you deserve clarity, support, and financial relief while you recover. Talk to Josh right away to protect your rights and get your peace of mind.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.