If you are an injured police officer or firefighter in the
state of Minnesota, there are some timing issues that you need to be aware of. First
and foremost, if you are going to be applying for a PERA disability benefit you
need to apply less than 18 months from the date of your termination. If you do
not apply within 18 months of your termination, you are not eligible.
We do occasionally see this situation arise, unfortunately,
where an individual has retained a workers' compensation attorney who does not practice
PERA and who is not aware of PERA. In
fact, I am aware of one case I can think of as an example where the workers’ compensation claim was very heavily contested and it was very heavily litigated
and during the pendency of the litigation her work comp attorney advised her to
‘just hold off on filing for PERA’.
Unfortunately, by the time all was said and done and the
client’s workers’ compensation claim was over, the 18 months had passed, within
which she would have had time to apply for her PERA benefit. So, this client
may have received work comp benefits but she lost out completely on her PERA benefit
because she did not file within that 18-month time period.
by Jen Yackley
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