Personal Injury 101: Replacement Services

If you’re injured in a car accident and lose wages as a result, you have an opportunity to get reimbursed. However, as part of the personal injury claim process, you may also be entitled to replacement services benefits. 

What are replacement services?

In Minnesota law, 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.

In other words, replacement services are the non-work tasks that each of us performs in our daily lives. The law describes these as “care and maintenance of a home,” if done “normally, as a full-time responsibility.” Care and maintenance include everyday household tasks, such as cleaning, lawn care, and laundry.

If you can’t perform these tasks yourself, you may need to hire someone to complete them. This is where the reimbursement benefit applies.

How do I get reimbursed for replacement services?

If you are injured and having trouble keeping up with your household tasks, you can seek reimbursement for replacement services. This means you’d receive a weekly stipend to pay for someone else to complete these tasks for you. 

First, you’ll need to ask your doctor for a physical examination. If your doctor provides written instructions that prevent you from completing housework during recovery, you can ask for reimbursement. 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?

In Minnesota, you can receive up to $200 per week to pay for replacement services. However, there are some requirements for submitting a replacement services claim:

• You can’t claim replacement services benefits during the first seven days after an injury. 
• Any 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. 
• Keep receipts or documentation of your expenses, even if they were paid with cash.

Replacement services are just one small part of a personal injury claim, and they often get overlooked. If you have been injured in an accident, please call our office at 651-493-0426 to schedule a free consultation and ensure you are receiving all of your entitled benefits.