Workers' Compensation Attorney
The law provides for financial benefits to be paid to workers who are injured on the job. In tragic workplace injury cases involving a workplace death, the surviving family is entitled to workers' compensation benefits. The legal issues presented by workers' compensation cases can be extremely complex. If you have suffered a workplace injury, it is important to report the incident to your employer, seek medical treatment, and contact a workers' compensation attorney to make sure you receive the compensation you are entitled to.
Injuries that entitle the worker to workers' compensation benefits include any injury that occurs on the job or as a result of your job.
Those injuries can be present in many forms, all of which entitle the worker to workers' compensation. Workplace injuries where compensation could be awarded can include:
From repetitive motions such as carpal tunnel syndrome or ligament damage.
Such as lung disease from inhaling noxious chemicals or substances.
Simply Traumatic Injuries:
Resulting from a workplace accident, such as:
• Slip and Fall Injuries
• Brain, Spinal Cord & Head Injuries
• Auto Accident Injuries
• Burn Injuries
• Construction Injuries
Do You Work In Missouri?
The Missouri Division of Workers' Compensation administers the programs providing services to all stake holders including workers who have been injured on the job or been exposed to occupational disease arising out of and in the course of employment. The Division makes sure that an injured worker receives benefits that he/she is entitled to under the Missouri Workers' Compensation law. The Division's Administrative Law Judges have the authority to approve settlements or issue awards after a hearing relating to an injured workers entitlement to permanent benefits allowed by Missouri law.
If the doctor says that you are unable to return to work due to your injury(ies) or you are off work recovering from a surgery, you may be entitled to temporary total disability ("TTD") benefits. If the doctor states that you can perform light or modified duty work and your employer offers you such work, you may not be eligible for TTD benefits. TTD benefits should be continued until the doctor says that you can return to work or when your treatment is concluded because your condition has reached "maximum medical improvement," whichever occurs first. If you return to light or modified duty at less than full pay, the workers' compensation law requires that temporary partial disability benefits be paid to you.
Disability Benefits [in Missouri]
Permanent partial disability means that your work injury affects your ability to do certain jobs or work tasks but you are still able to work in some capacity (not necessarily the job you had at the time of your injury). Permanent total disability means that you are no longer able to work at any job. If your last work-related injury alone causes your permanent total disability, you may be entitled to weekly payments for life from your employer and its insurer, or we may want to negotiate a lump-sum settlement instead of the weekly lifetime payment. If your last work-related injury combined with prior disabilities causes your permanent total disability, your employer and its insurer may only be responsible for permanent partial disability and we will have to file a "claim for compensation" against the Second Injury Fund for you to receive any permanent total disability payments.
Benefit Payments [in Missouri]
Compensation is not paid for the first three business days or less of disability if you are unable to work (this is called a waiting period). If you are unable to work for more than 14 days the "three-day waiting period" will be paid. Disability payments and medical bills are paid by your employer's workers' compensation insurance company. If a medical bill is not paid or you do not receive a disability check in a timely manner, contact your employer or insurer. Workers' compensation payments are tax free.
Temporary Partial Disability
These benefits are generally paid weekly and should be 66 2/3% of the difference between the average earnings prior to the accident and the amount which the employee, in exercise of reasonable diligence, will be able to earn during the period of disability, subject to the maximum TTD rate.
Temporary Total Disability
The benefits provided for temporary total disability are calculated at 66 2/3% of the injured worker's average weekly wage, not to exceed a maximum amount set by the law. The average weekly wage is based on your gross wages (your pay before taxes and other deductions).
Permanent Partial Disability
The benefits are calculated at 66 2/3% of the employee's average weekly earnings as of the date of the injury, not to exceed a maximum amount set by the law. However, if you suffer from a permanent partial disability, you may receive a lump-sum payment based upon the nature and extent of the disability.
Permanent Total Disability
If you are permanently and totally disabled, you may receive weekly payments for your lifetime, or you may negotiate a lump-sum settlement. The amount of the weekly payment is based upon 66 2/3% of your average weekly earnings at the time of the injury, not to exceed a maximum amount set by law (this maximum amount is much higher than the maximum amount for permanent partial disability).
This is attorney advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. Co-counsel may be used or referral made.