Compensation For Replacement Services After A Personal Injury

You’re probably aware that you can collect compensation for medical expenses and lost wages in the wake of a personal injury accident, but those aren’t the only expenses you can recover if someone else is responsible for your injuries. If you incur other costs that are directly related to your injury, you can file for reimbursement or compensation for these outstanding costs. These are oftentimes referred to as replacement services benefits, and we explore these benefits and how you can collect them depending on the extent of your injuries after an accident.

What Are Replacement Benefits?

According to Minnesota statute 65.44B, subd. 5, replacement benefits are described as “all expenses reasonably incurred by or on behalf of the non-fatally injured person in obtaining usual and necessary substitute services in lieu of those that, had the injured person not been injured, the injured person would have performed not for income but for direct personal benefit or for the benefit of the injured person’s household.”

In other words, if you can’t perform certain household activities and you have to pay someone else to complete the job, you can be reimbursed if your inability to perform these actions was caused by someone else’s actions or negligence. There is no specific set of services that are compensable under this law, but in general they need to be household duties that you perform on a regular basis. Some examples include:

Household cleaning
Laundry services
Lawn and landscaping care

The law is intended to help offset the cost of expenses for normal maintenance and upkeep around the house, but it doesn’t mean that you can just ask to be reimbursed for any and all household expenses. If you contract someone to redo your roof, replace your kitchen cabinets or do some plumbing, those won’t be considered day-to-day household tasks that would be compensable.

Getting Compensated For Replacement Services

According to Minnesota law, an injured person is entitled to up to $200 per week in replacement services benefits. It’s also worth noting that you cannot claim any of these services within the first seven days of your injury. Once seven days have passed, if you believe that you would be entitled to some of these benefits, ask your lawyer to seek reimbursement through the No-Fault Act.

If you’re considering reimbursement for household services, it is always recommended to consider reasonable value when contracting someone to perform the duties, and never try to contract to a friend or family member that does not have a legitimate business, as this can constitute fraud. It’s also very helpful to keep records and receipts of any of these expenses so that the correct amount can be returned to you.

If you are wondering if you qualify for replacement services benefits, or you want to seek reimbursement for services that you already paid for, reach out to a Minnesota injury lawyer like Dean Margolis and the team at Margolis Law Firm. We can help see if you qualify and help you recoup what you’re owed. For more information, or for help with any aspect of your injury case, reach out to Dean and his team today at (952) 230-2700.