Workers' Comp Settlements in Minnesota
Whether a workers' comp claim can be settled in Minnesota, who must approve the settlement, and how long benefits can last.
Short answer: Yes. A claim can be settled by a written agreement signed by the parties and any intervenors. If a party has no lawyer, the settlement is valid only after the Commissioner of Labor and Industry or a compensation judge approves it and makes an award; Minn. Stat. §176.521
| Settlements | Yes. A claim can be settled by a written agreement signed by the parties and any intervenors. If a party has no lawyer, the settlement is valid only after the Commissioner of Labor and Industry or a compensation judge approves it and makes an award; the parties must show the settlement is reasonable, fair and in conformity with the workers' compensation law. When both sides have lawyers, the settlement is conclusively presumed reasonable and fair, except that a full and final settlement of future medical benefits or of rehabilitation still needs approval by the Commissioner or a compensation judge. The Workers' Compensation Court of Appeals may set aside a settlement award on a party's petition. Source: Minn. Stat. §176.521 |
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| How long benefits last | Temporary total disability benefits stop entirely once 130 weeks have been paid (the limit does not run while the worker is in an approved retraining plan), and they also generally stop 90 days after the worker has reached maximum medical improvement, counted from when the worker receives or is served the written MMI report. Temporary partial disability benefits may not be paid for more than 275 weeks, or after 450 weeks from the date of injury, whichever comes first. Permanent total disability benefits end at age 72; for a worker injured after age 67, they end after five years of benefits have been paid. Limited exceptions apply under the rehabilitation statute. |
| Lawyer fees in comp cases | A Minnesota workers' compensation attorney's fee is limited to 20% of the first $275,000 of compensation awarded, and all fees for the same injury are cumulative and may not exceed $55,000. For disputes without an ascertainable dollar value (such as a change of doctor or rehabilitation consultant), the fee is the hourly amount charged or $500, whichever is less. Fees within the 20% maximum do not require approval by the commissioner or a compensation judge; fee disputes can be reviewed under the statute. Source: Minn. Stat. 176.081, subd. 1 |
Where to get help in Minnesota
More Minnesota workers' compensation
- Filing a Workers' Comp Claim in Minnesota
- How Much Workers' Comp Pays in Minnesota
- Retaliation for Filing Workers' Comp in Minnesota
- Suing Over a Work Injury in Minnesota
- Appealing a Denied Workers' Comp Claim in Minnesota
- All Minnesota workers' compensation rules
FAQ
How do workers' comp settlements work in Minnesota?
Yes. A claim can be settled by a written agreement signed by the parties and any intervenors. If a party has no lawyer, the settlement is valid only after the Commissioner of Labor and Industry or a compensation judge approves it and makes an award; the parties must show the settlement is reasonable, fair and in conformity with the workers' compensation law. When both sides have lawyers, the settlement is conclusively presumed reasonable and fair, except that a full and final settlement of future medical benefits or of rehabilitation still needs approval by the Commissioner or a compensation judge. The Workers' Compensation Court of Appeals may set aside a settlement award on a party's petition.
How long can you receive workers' comp in Minnesota?
Temporary total disability benefits stop entirely once 130 weeks have been paid (the limit does not run while the worker is in an approved retraining plan), and they also generally stop 90 days after the worker has reached maximum medical improvement, counted from when the worker receives or is served the written MMI report. Temporary partial disability benefits may not be paid for more than 275 weeks, or after 450 weeks from the date of injury, whichever comes first. Permanent total disability benefits end at age 72; for a worker injured after age 67, they end after five years of benefits have been paid. Limited exceptions apply under the rehabilitation statute.
How much can a workers' comp lawyer charge in Minnesota?
A Minnesota workers' compensation attorney's fee is limited to 20% of the first $275,000 of compensation awarded, and all fees for the same injury are cumulative and may not exceed $55,000. For disputes without an ascertainable dollar value (such as a change of doctor or rehabilitation consultant), the fee is the hourly amount charged or $500, whichever is less. Fees within the 20% maximum do not require approval by the commissioner or a compensation judge; fee disputes can be reviewed under the statute.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.