IS THERE A MAXIMUM FOR WORK INJURY SETTLEMENT AMOUNTS?

Is There A Maximum Settlement Amount?

There is no set maximum for a workers’ compensation settlement as it varies by state and case. However, most states have guidelines and regulations determining the maximum compensation an injured worker can receive.

The average workers’ compensation settlement amount will depend on various factors, including the severity of the injury, the extent of the disability, and the worker’s average weekly wage. Sometimes, the worker may be entitled to ongoing benefits, such as medical treatment or wage replacement, which can affect the final settlement amount.

It’s important to note that settlements are typically negotiated between the injured worker and their employer or insurance company. The parties involved will consider the facts and circumstances of the case to determine a fair and reasonable settlement amount.

In some cases, the worker may also have the option to take their case to court, where a judge or jury will decide the compensation amount. In this case, the settlement amount may be higher or lower than what could be negotiated outside of court.

Workers’ Comp Benefits for Disability

 

The Missouri Department of Labor offers the following disability benefits:

 

Temporary Total Disability (TTD)

Employees not working on doctor’s orders because they are recovering from a work injury are eligible for temporary disability benefits until the doctor clears them to return to work. TTD payments under workers’ comp rules are weekly payments of 66 2/3% of the difference between average earnings before the accident and projected earnings during the disability period.

 

Temporary Partial Disability (TPD)

If employees can return to work but have restrictions on their job duties under doctor’s orders due to workplace accidents and receive less than full pay are eligible for TPD benefits. TPD payments are weekly at 66 2/3% of the difference between the gross weekly wage before the accident and the projected weekly wage during the disability period.

The Missouri legislature approved a 3-part formula to determine benefits paid for Permanent Partial and Total Disability under a Workers’ Compensation claim.

• Part 1 depends on the part of the body injured and the number of weeks workers’ compensation is payable. If a body part has been severed, the number of weeks compensation is payable is increased by 10%.

• Part 2 depends on the percentage of your disability related to the injured body part.

• Part 3 is based on a workers’ compensation rate equal to 2/3 of your average weekly wage at the time of injury to be, at most, the maximum rate of 55% of the state average weekly wage.

 

Permanent Partial Disability (PPD)

An employee who is permanently impaired by severe injuries but still able to do some work after an accident is eligible for PPD benefits.

 

Permanent Total Disability (PTD)

An employee who cannot return to work due to permanent disability after a work-related accident may receive weekly payments for life under a structured settlement or a lump-sum settlement.

Compensation settlement agreements for permanent disabilities usually come as a lump sum workers’ comp settlement or structured settlements. After the injured employee receives the compensation settlement, the insurance company will require the employee to release it from liability for future medical treatment and medical bills. They cannot file a claim to the insurance company for more money. For employees that have suffered permanent disabilities or impairments due to workplace injuries, a settlement may not be enough to cover future medical care.

What Happens When a Workers’ Comp Claim Goes to Trial in Missouri? 

 

Workers’ comp claim cases that cannot be resolved through a settlement agreement go to a WC trial. A Missouri workers’ compensation trial is a formal evidentiary hearing before an administrative law judge. The judge presides over the case and ensures the trial is fair.

Either party may appeal the decision, and a higher court will hear the case. Still, the administrative law judge’s decision is generally the final word unless it is successfully appealed.

A workers comp lawyer well-versed in workers’ compensation laws can work with injured workers when any of the following has occurred:

• Your claim was denied

• Your claim was ignored

• You were fired after making a claim

• Your employer refuses to honor work restrictions

• Medical bills or prescriptions are not reimbursed

• Medical treatment authorization has been refused

• Low settlement offers for disability injuries

 

Determining Who Is at Fault for Your Workplace Injury 

 

Understanding employer negligence and workers’ compensation is essential to initiate a valid workers’ compensation claim. In most cases, the parties held responsible could be the employer or a third party, such as an equipment manufacturer. The employer will be held accountable if it is due to a lack of proper maintenance because they are required to inspect and maintain the equipment.

However, the manufacturer will be held liable if the equipment is appropriately maintained but fails and causes injury due to a faulty part or bad design. Liability for the damage could also fall on the operator if he knew the equipment was defective but continued to use it.