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Temporary Total Disability

Dave Langevin - Thursday, March 10, 2016

The main focus of Minnesota Workers’ Compensation law is to ensure that injured workers are justly compensated. It holds employers responsible while at the same time allowing them protection from being sent into bankruptcy because of law suits. One type of relief that injured workers may receive is called temporary total disability.

Temporary total disability exists to provide fair compensation to those who are totally disabled from work on a temporary basis. The generally accepted definition of temporary total disability comes from the case Schulte v. C.H. Peterson Construction Co. In that case, the court said: “A person is totally disabled if his physical condition, in combination with his age, training, and experience, and the type of work available in his community, causes him to be unable to secure anything more than sporadic employment resulting in an insubstantial income. A total disability is temporary when it is likely it will exist for a limited period of time only.”

In order to be eligible for temporary total disability, an employee must be able to show that their inability to work was actually caused by their work injury. This rule has led to a number of interesting court rulings. In Taylor v. George A. Hormel & Co., the employer argued that the reason that the employee was unable to return to work was a strike rather than his injuries. The court determined that the employee’s injuries caused him to lose his capacity for work and because of this he was eligible for benefits.

Another case that determined eligibility was Eike v. Fairview Ridges Hospital. In that case, a nurse was injured on the job. After a search, she was not able to find a new job. This was despite the fact that her injury did not prevent her from taking the type of job that she was working when she was injured. The court ruled that her inability to find a job was simply the result of the job market and not caused by her injury.

If you are hurt at work, give us a call. We can help you navigate the confusing world of workers’ compensation and get you the settlement that you deserve. 612-ASK-DAVE