WORKERS COMP LAWYERS IN JOPLIN, MISSOURI (MO)

In the State of Missouri, employers must carry workers’ compensation coverage if they have five or more employees. However, employers must carry workers’ compensation coverage even if they have just one employee in the construction industry.

Employers who have employees in the exempt categories or don’t have the required number of employees and choose not to purchase workers’ compensation coverage are exposed to civil lawsuits that can be brought by workers who got injured on the job.

Determining the full workers’ comp benefits you are entitled to receive under Missouri Workers’ Compensation Law can be complicated. The determination can depend on your average weekly wage calculations, which can be challenging depending on the industry in which you work.

The insurance company’s adjuster will often argue that your workplace injury is not serious and will attempt to minimize your workers’ compensation benefits. We have been representing injured Missourians for 40+ years, and our attorneys know which workers’ comp benefits you are entitled to receive and how to get them for you. We provide answers to all the questions you might have. We will never take a fee for our legal services unless and until we obtain a settlement or award for you.

The answer to this question involves several complicated issues. If you are unable to return to work because of your work-related injury, you may be entitled to a weekly benefit of two-thirds of your average weekly wage, up to a maximum cap, for the rest of your life.

To be entitled to this benefit, you must be totally disabled from any employment. If you are totally disabled because of a combination of a pre-existing disability plus the disability caused by your work-related accident, then you may be entitled to benefits from the Second Injury Fund. Generally, this benefit is two-thirds of your average weekly wage, up to the maximum cap, for the rest of your life.

Under Workers’ Compensation, you are not totally disabled simply because you are unable to return to your old job. To be totally disabled under Missouri Workers’ Compensation Law, you must be disabled from all employment and not simply the employment you had before the accident.

Any time you are disabled from employment, you should also consider whether you are entitled to Social Security disability benefits. There is sometimes a set-off between Social Security disability benefits and Workers benefits, and you should always contact an attorney experienced in Workers’ Compensation law if you are receiving or plan on receiving both Workers’ Compensation and Social Security disability benefits.

Is My Employer Required to Hold My Job?

The Missouri Workers’ Comp Law does not require the employer to hold your job while you recover from your disability. However, there are other federal and state statutes that give injured workers some protection, such as the Americans With Disabilities Act, the Family Leave Act, and the Missouri Human Rights Act. These laws are complicated, and if you believe you have not been treated fairly, you should contact our Joplin Workers’ Compensation attorneys, who are experienced in this area of the law.

If you had an injury or disability before you got injured on the job, you might qualify for additional benefits from the Missouri Second Injury Fund. The purpose of the Second Injury Fund is to encourage employers to hire and retain employees who have disabilities.

An injured employee must have a permanent pre-existing disability to trigger the liability of the Fund. The prior disability must be “of such seriousness as to constitute a hindrance or obstacle to employment.” In some cases, the Second Injury Fund’s benefits can be substantial.

How Does the Second Injury Fund Work?

For example, an injured employee may be entitled to lifetime weekly benefits from the Second Injury Fund when a permanent total disability results from a combination of the employee’s pre-existing conditions and those caused by the current injury. In death cases, when the employer failed to obtain Workers’ Compensation insurance, the Second Injury Fund can be held responsible for death benefits to the employee’s dependents.

The Fund is also responsible for paying medical bills of injured workers when the employer fails to ensure its Workers’ Compensation liability. The Fund also provides workers’ comp benefits to injured employees who are undergoing physical rehabilitation. To qualify for these benefits, the employee must be seriously injured and be receiving therapy at a facility certified by the Missouri Division of Workers’ Compensation. If the injured worker qualifies, he or she will receive $40 per week for up to 20 weeks for rehabilitation.

The Second Injury Fund also provides benefits to injured employees with multiple jobs. If an employee is unable to work at a job as a result of an injury that occurred while working at another job, benefits may be claimed from the Second Injury Fund in connection with the job at which the employee was not injured.

The Second Injury Fund is funded by a surcharge applied to Workers’ Compensation insurance premiums paid by employers. The Missouri legislature has capped the amount of the surcharge paid by employers, which has caused the Second Injury Fund to be underfunded. Unless the Missouri legislature acts, in the near future, the Fund will become insolvent and unable to pay claims. Contact your local state legislator and encourage him or her to remove the cap on the premium surcharge so that the Second Injury Fund can continue to pay worthy claims. If you have more questions or need legal advice regarding Workers’ Compensation insurance, our Joplin Missouri compensation attorneys can help.