Minnestoa No-Fault Wage Loss Benefits Attorneys Lord & Faris

Q. How Is My Wage Loss Calculated?

A. You are entitled to up to $20,000 in lost income replacement from your own insurance company. [Minnesota Statutes 65B.44]

1. Income Loss Calculation

No-fault will pay only 85% of your gross income up to a maximum of $250 per week.

Example #1:

You make $400 per week. 85% of $400 is $340 but the maximum that No-fault will pay is $250 per week. You will be paid only $250, which means you will be underpaid by $150 per week. If you reach one of the thresholds previously discussed, later on you can sue for the amount by which you have been underpaid.

Example #2:

You make $200 per week. 85% of $200 is $170 which is the maximum the insurer will pay. In this example you will lose $30 per week. If you reach a threshold, later on you can sue the at fault driver for the amount by which you have been underpaid.

2. New Wage:

If you can document that a new wage rate has gone into effect or you had a history of accepting all overtime work and overtime work is now available, it could affect the calculation.

3. Two Steps Must Be Taken Before Wage Loss Benefits Will Be Paid.

a. A doctor’s disability slip (permission to miss work) must be presented to your No-fault insurance adjuster in order for you to receive wage loss benefits, AND

b. Proof of wage loss must be provided by your employer (those forms will be provided by your insurance adjuster).

Q. Will I Be Compensated For My Loss Of Earnings If I Go Back To Work Part-Time?

A. You may be entitled to continue to receive partial benefits if you return to part-time employment where your disability prohibits full-time return to work.

Q. I Own My Own Small Business And I Have Had To Hire Substitute Employees, Will I Be Compensated For This Expense?

A. Costs incurred for substitute employees to perform tasks which are necessary to maintain the income of the injured person and which are normally performed by the injured person, but cannot be performed because of the injury, may be reimbursed up to $250 per week.

Q. I Was Receiving Unemployment Benefits At The Time Of The Accident, But Because Of the Accident I Am No Longer Eligible To Receive Those Benefits. Can I receive Some Form Of Compensation.

A. You are eligible to receive no-fault wage loss at 100% the unemployment rate with a maximum of $250 per week.

Q. Can I Get Compensated For The Time I Miss Work When I Have To Go To The Doctor?

A. You may be entitled to compensation for wages lost when you are receiving any kind of medical or chiropractic treatment as a result of the auto accident. And you may also be entitled to reimbursement for reasonable travel time and expenses involved in getting to and from the medical treatment. Check this out with your own adjuster. Keep track of your time and mileage using an organized method.