Bradley D. Hauswirth
Many people instinctively know that if they are injured in a car accident and lose wages as a result, they may have an opportunity to get reimbursed. However, most people don’t realize that an injured person may also be entitled to replacement services benefits.
What are replacement services?
In legal terms, replacement services are:
All expenses reasonably incurred by or on behalf of the nonfatally 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 persons household.
Minn. Stat. § 65.44B, subd. 5 (2020).
To put it plainly, replacement services are the non-work tasks that each of us performs in our day-to-day lives. The law describes these as “care and maintenance of a home,” if done “normally, as a full-time responsibility.” Care and maintenance can be anything from household cleaning, lawn care, and laundry to other everyday tasks.
How do I get reimbursed for replacement services?
If you are injured and having trouble keeping up with your household tasks, you can ask your doctor to examine you and provide written restrictions that limit you from your housework while you are recovering. This is just like asking for a doctor’s note if you need to take time off work.
How much money can I claim for replacement services?
Minnesota state law sets maximum replacement services benefits at $200 per week. These benefits also cannot be claimed during the first seven days after an injury. Benefits paid under the No-Fault Act are calculated based on the reasonable value of the household tasks, or the expenses incurred in obtaining help. It is always helpful to keep receipts or documentation of your expenses, even if they were paid with cash.
Replacement services are just one small part of an accident claim, and they often get overlooked. If you have been injured in a car accident, please call our office at 651-493-0426 to schedule a free consultation and ensure you are receiving all of the benefits you are entitled to.
