Minnesota Statutes

Minn. Stat. § 192.38 (2026)

Illness, Injury, Or Death Of Member Of Military Forces; Compensation

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Subdivision 1.Temporary emergency relief.

If any officer or enlisted member of the military forces is wounded or otherwise disabled, dies from disease contracted or injuries received, or is killed while in state active service as defined in section 190.05, subdivision 5a, the officer or member, or in the case of death the officer's or member's dependent spouse, child, or parent, may be provided with immediate temporary relief as necessary in cases of severe hardship, in an amount to be determined by the adjutant general and approved by the governor or a death gratuity payment equal to the amount allowed for service members in a federal active service status. All payments under this subdivision shall be made from appropriations for emergency services. The adjutant general shall notify the Department of Management and Budget of any payments made pursuant to this subdivision and the amount of it shall be subtracted from any award made by the Department of Management and Budget.

Subd. 2.Assistance to claimants.

To the extent information is available, the adjutant general shall provide information to a person seeking a benefit from the state or federal government or instituting a claim before a Legislative Commission on Claims or Federal Claims Commission arising from loss, damage, or destruction of property or for injury or death incurred or sustained by a member of the military forces.

Notes of Decisions
Cited in 4 cases, 1964–2014 · leading case: Halverson v. Rolvaag, 143 N.W.2d 239 (Minn. 1966).
Halverson v. Rolvaag, 143 N.W.2d 239 (Minn. 1966). · cites it 6× “1961, §§ 192.38 and 192.39, 1 for the death of their husband and father, Lieutenant Gene C.”
Stoecker v. Moeglein, 129 N.W.2d 793 (Minn. 1964). · cites it 6× “That section provides: “Any payments made to a member of the national guard, his dependent widow, minor children or parent under any law of the United States of America arising out of the injury or death for which a claim for compensation is made against the state of Minnesota…”
Nichols v. State, Off. of the Sec'y, 842 N.W.2d 20 (Minn. Ct. App. 2014). · cites it 2× “2d at 794 -95 (citing Minn.Stat. §§ 192.38, .39 (1964) (repealed in 1965)).”
Halverson v. Rolvaag, 165 N.W.2d 534 (Minn. 1969). · cites it 5× “391] Any payments made to a member of the national guard, his dependent widow, minor children or parent under any law of the United States of America arising out of the injury or death for which a claim for compensation is made against the state of Minnesota under Minnesota…”
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