If you suffer a significant injury in the workplace and are unable to return to work because of your injuries, you may be eligible for Permanent Total Disability (PTD) benefits. In Minnesota, PTD benefits pay the injured employee two-thirds of their gross weekly wage at the time of their injury. It is considered a lifetime benefit that is paid weekly to help supplement your lost income. However, despite being classified as a lifetime benefit, there are instances where your employer may be able to legally cease payments on your PTD benefits. One such instance is when the retirement presumption kicks in. We explain what the retirement presumption is and how to appeal this presumption in today’s blog.
Understanding Minnesota’s Retirement Presumption
Minnesota law states that employers may be able to legally terminate a workers’ PTD benefits once the injured employee reaches the age of 67. Happy Birthday! Now we’re cutting your lifetime benefits…
The reason for this is because workers’ compensation law assumes that, by the age of 67, an employee would have left the workforce and started collecting social security. Essentially, they are presuming that you will retire on or before your 67th birthday, and as such, they can legally argue that there is no need to continue making injury payments to a worker who would no longer be part of the workforce.
Unfortunately for the worker, the employer doesn’t need to prove that you would have, without a doubt, left the workforce by the time that you turned 67. All they need to do is show proof that you have reached that age, and they can legally stop making PTD benefit payments.
Appealing The Retirement Presumption
You’re not without recourse if you want to appeal that presumption on the grounds that you would still be working past the age of 67 if not for your injuries. Minnesota law states that in order to win an appeal of the retirement presumption, an injured worker must show a preponderance of evidence that suggests they would likely still be working beyond the age of 67 if they were not currently collecting PTD benefits.
Everyone will go about proving this preponderance of evidence in their own way, and a previous ruling in regards to the retirement presumption stated that “compensation judges should consider the strength of each factor and assess how the factors interact with each other in a difficult and sensitive balancing process.”
Some factors the employee may argue or the court should consider when hearing a challenge to the retirement presumption include:
- The presence or absence of a pension plan or other retirement arrangements
- The employee’s work history
- The employee’s willingness to forgo social security benefits if suitable work were available
- The availability of the type of work the employee was performing at the time of the injury
- The employee’s age and financial needs
- Whether the employee or employer initiated a discussion about retirement
We understand that any termination of your benefits can greatly impact your financial situation, but be aware that lifetime benefits don’t mean that you’ll be able to collect them until your dying breath. Lifetime, in this sense, is in regards to a person’s time in the workforce, and when you reach the age that you are presumed to leave it for retirement, you may find that your PTD benefits are terminated.
We’ve helped many clients fight the retirement presumption, and we can do the same for you. Don’t assume that your benefits need to end at age 67, especially if you intended to continue working if you were physically able to do so. Let the team at Hey Workers ensure you keep receiving your PTD benefits. For more information on how we can help, reach out to our team today at (844) 439-9675.
