On August 1st, Minnesota’s gay couples rushed to wed, according to the Department of Labor and Industry. They said this because it has resulted in employers now being responsible for paying to same-sex surviving spouses the workers compensation Minnesota workers and their families are entitled to receive when the covered spouse was injured or killed on the job.
In order to receive benefits, a couple must be legally married at the time the injury occurred.
Although the law makes the employers responsible for paying the benefits, there are some workers compensation insurance policies that may have exclusions. This is why it is important for employers to check with their workers’ compensation insurance to ensure they have the required coverage.
Also in accordance with the new work comp law, the children of same-sex couples become the stepchildren of the other member of the couple when the marriage is legal, states the Department of Labor and industry.
The dependent stepchildren that are the result of a same-sex marriage in Minnesota are entitled to the same workers’ compensation benefits as the dependent stepchildren in a heterosexual marriage in Minnesota. In other words, stepchildren are stepchildren no matter the sex of the other parent.
News reports stated that gay couples began getting married early in the morning on August 1st in Minnesota, making it one of the newest states along with Rhode Island to legalize gay marriage.
This latest change in workers compensation makes for a major change in Minnesota’s employment law.
It is important for surviving spouses and their families to understand how workers’ compensation benefits are calculated and what types of benefits may be available. In Minnesota, workers’ compensation typically provides benefits such as medical expenses, wage loss benefits, and death benefits. When a covered worker dies due to a work-related injury or illness, their surviving spouse may be eligible for weekly death benefits as well as a lump-sum burial allowance. These benefits help provide financial stability during a difficult time.
Additionally, surviving spouses should be aware of the deadlines for filing a claim. Minnesota law requires that a claim for death benefits be filed promptly, often within two years of the worker’s death, though it is best to act as soon as possible to avoid any issues with eligibility. Employers and their insurance companies may contest claims, so having proper legal guidance can be critical to ensuring that survivors receive the full benefits they are entitled to under the law.
For those workers who are injured but survive, understanding the interaction between workers’ compensation and Social Security Disability Insurance (SSDI) is also crucial. Minnesota workers who qualify for workers’ compensation benefits may also be eligible for SSDI if their injury results in long-term disability. However, receiving workers’ compensation can affect the amount of SSDI benefits awarded because both programs consider total income from disability benefits. Navigating these overlapping systems can be complex, so consulting with an attorney who is familiar with both workers’ compensation and SSDI rules in Minnesota is highly recommended.
If you or a loved one are dealing with a workplace injury or the loss of a spouse due to a work-related accident, Harvey & Carpenter, Attorneys at Law, can help you understand your rights and guide you through the claims process. Contact our Mankato office for a consultation to ensure you receive the benefits you deserve.
