Claim process -- Waiting period after injury

In Minnesota, the workers' compensation waiting period starts on the first day of any lost time and is three calendar-days long. Wage-loss benefits for an injured worker are not paid for the waiting period unless the disability continues for 10 calendar-days or longer.

176.121 Commencement of compensation

In cases of temporary total or temporary partial disability, no compensation is allowed for the three calendar-days after the disability commenced, except as provided by section 176.135, nor in any case unless the employer has actual knowledge of the injury or is notified thereof within the period specified in section 176.141.

If the disability continues for 10 calendar-days or longer, the compensation is computed from the commencement of the disability. Disability is deemed to commence on the first calendar-day or fraction of a calendar-day that the employee is unable to work.

Waiting period examples

For the following examples, the employee works Monday through Friday.

1. The first day of disability is Friday, March 4, 2005, and the return-to-work date – without disability – is Monday, March 7, 2005. The waiting period is March 4 through March 6. The insurer does not owe compensation, because the only disability occurred within the waiting period.

2. The first day of disability is Friday, March 4, 2005, and the return-to-work date – without disability – is Wednesday, March 9, 2005. The waiting period is March 4 through March 6, so compensation might be due for March 7 and March 8.

3. The first day of disability is Tuesday, March 1, 2005, and the return-to-work date – without disability – is Tuesday, March 15, 2005. Compensation for the entire period of March 1 through March 14 might be due, because there is disability on or after the 10th calendar-day from March 1 (March 10).

4. The first day of disability is Tuesday, March 1, 2005, and the return-to-work date – without disability – is Wednesday, March 2, 2005. The employee again has disability beginning Monday, March 7, 2005, and another return-to-work date – without disability – Thursday, March 10, 2005. The disability extends beyond the waiting period, March 1 through March 3, so compensation might be due for March 7 through March 9.

5. The first day of disability is Tuesday, March 1, 2005, and the return-to-work date – without disability – is Thursday, March 3, 2005. The employee again has disability beginning Thursday, March 10, 2005, and another return-to-work date – without disability – Tuesday, March 15, 2005. The disability extends beyond the waiting period, March 1 through March 3. Compensation for both periods of disability (March 1 and March 2, and March 10 through March 14) might be due, because there is disability on or after the 10th calendar-day from March 1 (March 10).

For the following example, the employee only works Saturdays and Sundays.

1. The first day of disability is Saturday, March 5, 2005, and the return-to-work date – without disability – is Saturday, March 12, 2005. The waiting period is March 5 through March 7. Compensation is probably not due, because March 8 through March 11 are nonwork days.