St Louis Work Injury Specialists
When workplace injuries occur, turn to the Missouri workers’ compensation attorneys at Buchanan, Williams & O’Brien for reliable representation.
Buchanan, Williams & O’Brien have been a trusted law firm serving Missourians for over 40 years.
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Missouri Workers’ Compensation Attorney Explains: How Is Workers’ Comp Calculated?
When an injured employee completes their medical treatment and reaches maximum medical improvement, the doctor will issue an evaluation for Permanent Total Disability or Permanent Partial Disability. When permanent disability is total, the doctor considers the employee won’t be able to return to any employment due to the extent of their injury. If the permanent disability is partial, the injured worker may not complete certain tasks but will be able to work full-time.
If the injured employee is unable to return to work due to recovering from an injury, he or she may be eligible for Temporary Total Disability benefits. But, if the doctor concludes the injured individual can perform light or modified work, and their employer offers such work, the individual may not be eligible for these benefits.
According to the Missouri Department of Labor and Industrial Relations, those who are determined to be permanently and totally disabled may be entitled to weekly workers’ comp benefits for life or as long as their state remains unchanged. They also have the possibility to negotiate a lump-sum payment instead of the weekly payment.
If an injured employee is determined to be permanently partially disabled, available benefits are calculated using a formula. The formula takes into account which body part was injured, the percentage of the permanent partial disability as well as the workers’ compensation rate.
Workers’ comp benefits for a temporary partial disability should be approximately 2/3 of the “difference between the employee’s average weekly earnings prior to the accident and the amount which the employee, in the exercise of reasonable diligence, will be able to earn during the disability.” Benefits for a temporary total disability should be 2/3 of a worker’s average weekly wage.
Benefits for permanent partial disability and permanent total disability are calculated at 2/3 of the worker’s average weekly earnings at the time of the workplace injury.
If an injured worker feels the compensation is inadequate, they can file a claim and start the workers’ compensation claim process. The completed claim for compensation has to be sent to the Missouri Division of Workers’ Compensation (DWC).
Workers’ comp settlements close the cases completely. That means an insurance company will not be responsible for paying any additional expenses after you have accepted the settlement.
Confused about work accidents in St Louis? We are here to answer your questions.
Our Workers’ Comp Lawyer in Missouri Can Help You With Your Workers’ Compensation Claim
Workers’ compensation claims should be filed with the Division within the appropriate deadline. The claim has to be filed within two years after the date when the injury or death due to the injury occurred.
Under Missouri law, you have to report the injury to your employer within 30 days of the accident. You may have to visit the doctor your employer chooses. You can see your own doctor as well but at your own expense.
After filing a claim, a St. Louis workers’ compensation attorney you choose can examine your case closely and offer formal legal advice and representation.
A lot can occur during the claim procedure, including a hearing when parties involved introduce evidence and support their cases. Involved parties also have the right to appeal the judge’s ruling.
This can be a complicated process, and going through it alone can be hard and stressful. You have better chances to obtain the maximum compensation available if you have an experienced St. Louis workers’ compensation lawyer by your side.
How to File a Workers’ Comp Claim in Missouri
Usually, injured workers filing for workers’ comp can’t sue their employer for personal injury. But, there are exceptions. If you can prove your employer was grossly negligent and that negligence caused your injury, and if your employer intentionally hurt you, you can sue for an injury that happened at the workplace.
However, if your employer intentionally injured you, that no longer falls under workers’ comp; these cases are subject to tort cases of personal injury. If you think your employer intended to hurt you, consult a personal injury attorney as soon as possible.
Personal injury law allows individuals to obtain not only economic but also punitive damages and non-economic damages such as pain and suffering. If you sue and prove your case, you may obtain enough compensation to get back on your feet.
How to Find a Good Workers’ Compensation Lawyer
Workplace accidents in St. Louis, MO, happen more often than it appears. Some can result in serious injuries with potentially devastating consequences.
There are many workers’ compensation lawyers who handle these types of cases more or less successfully. Although every case is unique, and past results afford no guarantees of future results, the choice of a lawyer shouldn’t be based solely on advertisements.
Injury victims should make sure their Missouri lawyers have adequate experience and knowledge in practice areas related to workers’ comp as well as personal injury. Try choosing those who offer a free case evaluation since that can be a good way to discuss your legal issue before establishing an attorney-client relationship.
St. Louis workers’ comp lawyers at the Buchanan, Williams & O’Brien law firm can help you get the compensation you deserve. Although it’s against the law to fire an employee who attempts to pursue full benefits for a work injury, we have seen these things happen. We at our law firm believe in fighting for the rights of Missouri residents and against wrongful termination and workers’ comp discrimination. We are here to help you. Reach out to us and schedule a free consultation today.