My Employer Offered Me Light Duty Work, Do I have to Accept This Job?

When you sustain an injury during the course and scope of your employment and file a claim for workers’ compensation, both you and your employer have some choices. We can assure you that your employer will make decisions in their best interest so it’s important for you to understand the process and know your rights, particularly when it comes to accepting light duty work.

The first step is to seek medical treatment after which your medical professional (doctor, physicians assistant, psychologist, chiropractor, etc.) will generally issue you restrictions. First and foremost, we at Meuser Law Office P.A. advise our clients to get these restrictions from your treating physician in writing. Documentation is key to successfully navigating the workers’ compensation system. The restrictions can be more general or it can describe exactly what tasks you can and cannot perform in your current physical capacity. Often times these restrictions prevent injured workers from performing the vast majority of their prior job functions.

If your claim is “admitted,” meaning your employer has accepted primary liability for your work injury and the employer acknowledges that you sustained a work injury during the course and scope of your employment, then employers have a choice. If they have a “light duty” position available they will offer it to you or they will pay you ongoing wage loss benefits. Positions may include general office work or duties which are not quite as strenuous as your previous job. If you are completely precluded from returning to work as a result of your work injury then the wage loss benefit to which are you owed is called Temporary Total Disability benefits (TTD). TTD benefits are paid out at a rate of 2/3 of your average weekly wage, generally an average of the 26 weeks worked before the date you were injured.

Clients often ask if they can choose to receive TTD benefits rather than returning to work in a different position. This option is attractive because it gives injured workers time to recuperate from their injury and sometimes, even sitting at a desk can be painful. If your employer offers you light duty, generally you must accept this accommodated position. Not accepting an “offer of gainful employment” as defined under the Minnesota Workers’ Compensation Act can have dire effects on your future entitlement to wage loss benefits.

Failing to accept a suitable job offer as defined in the Minnesota Work Comp Act prevents you from receiving future Temporary Total Disability benefits. But, employers may offer you light duty work that is not suitable as defined under the statute. You should have an experienced work comp attorney review your case and assess whether or not this accommodated position is truly suitable. To assist with this process, we request that our clients be assigned a Qualified Rehabilitation Consultant (QRC) as soon as possible. QRCs act as an intermediary to help assess if a position is truly suitable for injured workers. They can perform on-site job analysis and are valued participates in the return-to-work process.

An offer of “gainful employment” may be unsuitable if:

• it requires an employee to relocate
• it is outside your physical restrictions
• requires a “substantial alteration” in your lifestyle
• requires you to move from day-time shifts to night-shifts

It’s also very important to note that what’s generally good practice in a work comp claim may ruin your chances of receiving PERA Duty Disability benefits. If you are firefighter, police officer, corrections officer, or paramedic applying for PERA Duty Disability benefits, accepting a light duty position can have unintended consequences on the approval of your PERA Duty Disability application. If you have both a work comp and PERA Duty Disability claim you should consult with attorneys who extensively practice in both areas of the law. Ask your attorney how many PERA cases they have handled, if they've taken them to formal hearings, and how will one area affect your benefits in another area.

Employers often use light duty positions to encourage employees to quit by offering highly undesirable positions. Consult with an attorney to asses your options sooner rather than later. Don’t let them use this as a tool against you. We can help you know your rights, speak up, and ask questions.

Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims. Sitting down with us for a consultation to learn more about your potential claims is a lot like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Contact us today for a free, no-obligation consultation by calling 1-877-746-5680.

by Mary Beth
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Don’t Wait to Seek Medical Treatment if You’ve Been Injured

If you haven’t already done so, you need to immediately seek medical care treatment if you have any type of work injury that requires medical care. Oftentimes, an employee may try to hold off on seeking the care. The problem with that is if you do not seek medical care treatment, then your rights do not become vested, and oftentimes employees will wait for a certain time to go by. Oftentimes they’ll think “Well, it’s not that bad, I don’t want to be seen as one of those people who file a workers’ compensation claim” or “I think it will go away after a couple weeks”.



Unfortunately, the longer you go without seeking medical treatment the better the likelihood the insurance company is going to deny your claim. So, in our opinion you need to immediately seek medical care treatment. If you haven’t sought the medical treatment after having filed the First Report of Injury, then go to the doctor. Go to your general practitioner or go to the urgent care center, but you need to have it documented that in fact you have sustained an injury.

Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and claim evaluation. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way. Call us today at 1-877-746-5680.

by Ron Meuser
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Workers’ Compensation Benefits for Firefighters with Cancer: The Statutory Presumption

Minnesota has a long history of protecting workers. In fact, Minnesota and New York were the first states to adopt “occupational disease presumptions” into the law. Prior to the adoption of these presumptions of causation, an injured party had the burden of proving that the injury or disease arose out of the course and scope of his or her employment.

At first glance, it makes sense to require the injured party to “connect the dots” between the injury or condition and the activities he or she performed as a part of the job; however, as a practical matter, this requirement precluded injured workers from obtaining a remedy under the Workers’ Compensation Act.  For example, if a worker contracted lung cancer from his contact with dangerous work-place fumes, proving that the fumes he was exposed to at work caused the cancer would be difficult, if not impossible. Causation is difficult in these cases because the cancer could have been caused by many different things, such as a genetic predisposition or exposure to cigarette smoke, and doctors are unable (or unwilling) to state to a reasonable degree of medical certainty what the “true” cause of the condition is.

The Minnesota legislature stepped in to address this injustice by adopting a presumption of causation with regard to occupational diseases. A classic example of an occupational disease from the early 20th century is Radium Jaw—a disease that involves the constant bleeding of the gums, which eventually leads to a tumorous jaw bone and severe facial distortion. This condition results from exposure to the radium used in the manufacture of watch dials. With a presumption of causation, an injured watch worker’s Radium Jaw would be presumed to be caused by his or her work. In order to overcome this presumption, counsel for the defense must provide substantive evidence showing the condition was caused by something other than the employee’s work. In other words, the watch dial manufacturer would have to prove that the employee: 1) came into sufficient contact with radium outside of work, and 2) prove that the non-work related radium was the actual cause of the disease.

In 1988, Minnesota extended the statutory presumption to provide legal protection for firefighters who developed certain types of cancer. Minnesota Statutes section 176.011 provides that an active duty firefighter who is unable to perform his or her duties because of a disabling cancer is presumed to have an occupational disease. To qualify for this presumption of causation, the cancer must be of a type caused by heat, radiation, or reasonably linked carcinogens. When a firefighter contracts one of these types of cancers, it is presumed to be caused by his work as a firefighter.

For more information on the statutory presumption of causation related to firefighters, click here.

If you are a firefighter who has been diagnosed with cancer and have questions about whether you have a workers’ compensation claim, or are eligible for PERA Duty Disability claim, contact the attorneys at Meuser Law Office, P.A.  Our attorneys have experience representing clients with this type of workers’ compensation claim. Contact us today at 877-746-5680 for a free no-obligation consultation.

by Ashley Biermann
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