Missouri Workers Compensation Specialists
If you’ve been injured or exposed to dangerous substances at work, you might qualify for Missouri workers’ compensation. Read on to learn what to expect in your case and how an experienced attorney can help.
Missouri Workers Compensation
Perhaps you’ve once been a victim of illness or injury while working. If so, you should learn the basics of pursuing workers’ compensation claims in Missouri.
An employee injured in an accident at work may have several benefits available by the law. Such accidents may include trips, slip and fall accidents, burns, back injuries from heavy lifting, and more. An insured employee could be eligible for workers’ compensation when they suffer from occupational illnesses caused by their continuous exposure to dangerous worksite conditions.
Financial and physical pains are the lead outcomes of workplace injuries, and while workers’ compensation can reduce some of the pains, it requires getting your paperwork right and submitted on time. To navigate such a delicate situation, it is best to seek a professional experienced in dealing with these matters.
Missouri Workers Compensation Page Roadmap
- MISSOURI DIVISION OF WORKERS COMPENSATION
- WORKERS COMP MISSOURI: TYPES OF BENEFITS
- WORKERS COMPENSATION MISSOURI: WHAT IS COVERED?
- MISSOURI WORKERS COMPENSATION STATUTE FOR EMPLOYERS
- MISSOURI WORKERS COMPENSATION LAW
MISSOURI DIVISION OF WORKERS COMPENSATION: WHAT DO YOU NEED TO KNOW?
The Missouri Division of Workers Compensation is part of the state government that handles worker’s compensation claims.
If you are injured or become sick on the job, you first need to serve your employer or supervisor a written notice immediately. Failure to serve the legal notice within 30 days may forfeit your right to workers’ compensation.
Your employer can get a doctor for you; they are expected to make the necessary arrangements for medical treatment once you notify them of your injury. They will also file a report with the Division of Workers’ Compensation.
When you decide to pursue a claim, you also forfeit your legal right to sue your employer. In a situation where the claim is denied, however, or you and your employers are not able to reach a common ground concerning the benefits, the law determines the following possible ways forward:
- Deliberate on the matters arising with your employer or the insurance company;
- Explore the possibilities of resolving the legal dispute via the Missouri Division of Workers Compensation voluntary Dispute Management Unit;
- Demand a conference to be presided over by an administrative law judge; or
- File a claim with the Division directly.
WORKERS COMP MISSOURI: TYPES OF BENEFITS
Workers comp Missouri comes in many different forms, and your illness or injury will determine the type of compensation you are eligible for. Here are some of the common types of workers’ compensation under Missouri Law:
- Medical care: This includes all the reasonable and necessary medical care necessary to treat the sustained injury. It also covers travel expenses for medical trips and appointments.
- Temporary Total Disability (T.T.D.): This applies where the employee cannot work temporarily. Employees get a portion of their wage for that specific time; e.g., they might get two-thirds of their gross average weekly wage for the period they cannot work.
- Temporary Partial Disability Benefits (TPD): When workers can only work part-time or complete some tasks rather than the full duties assigned, they get two-thirds of the difference between their weekly wages before and after the injury or illness.
- Permanent Partial Disability (P.P.D.): This is the appropriate compensation when the injuries or illness prevent the employee from functioning only in specific capacities but can still do some jobs. This compensation applies when the employee will never regain their total working capacity.
- Permanent total disability: This covers an employee who cannot work anywhere again as a result of the injuries sustained.
- Death Benefits: These benefits include burial costs of up to $5,000 and survivor’s benefits for the spouse and the dependents of a deceased employee as a result of a work-related disease or injury. About two-thirds of the average weekly wage of the deceased employee goes to the dependents every week for a year after the employee’s death.
Contact a Missouri workers’ compensation lawyer to learn what benefits apply in your legal situation.
WORKERS COMPENSATION MISSOURI: WHAT IS COVERED?
Unless you prove that your illness or injury is a direct result of performing the job duties expected of you, or as a direct implication of your employment involvement, according to the law, you may not be eligible for workers’ compensation Missouri benefits.
You must prove that the negligence or carelessness was on the part of your employer. Then, you can get workers comp benefits, as long as your behavior was always aligned with the company’s policy.
Your injury will only be covered if it is job-related. For instance, all injuries sustained while on work-related errands and even business trips should be covered by workers comp. However, injuries or illnesses arising from your trips to or from work are not covered – as stipulated by the “coming or going” rule in the workers’ compensation law.
Missouri Workers Compensation Chart
There is also a schedule of losses for injuries sustained to various body parts called the Missouri workers’ compensation chart. This can be a helpful tool in determining how much compensation you may receive in your claim and for how long you will receive the compensation.
A total loss of a listed body part makes you eligible for weekly benefits for the period set by the schedule. The following awards are listed under the schedule:
- total loss of the foot (150 weeks)
- arm at the shoulder (232 weeks)
- hand at the wrist joint (175 weeks)
- total loss of the thumb (60 weeks)
- total loss of the index finger (45 weeks)
- leg at the hip joint, making the use of an artificial limb impossible (207 weeks)
- total loss of the great toe (40 weeks)
- total loss of other toes (14 weeks)
- total deafness in both ears (180 weeks)
- deafness in one ear (49 weeks) and
- total loss of sight in one eye (140 weeks)
Victims are entitled to benefits for a proportionate number of weeks for total losses. For instance, a 50% loss of use of a foot is worth 75 weeks. You can access the full schedule via the Missouri Division of Workers Compensation website. The victim might get up to 40 weeks of benefits if the injury sustained leads to disfigurement or mutilation, although it depends on how severe the injuries are.
Missouri Workers Compensation Rates
Once a year, the state sets the rates for the coming year. The Missouri Division of Workers Compensation typically releases the information in June or July.
According to the Missouri Department of Labor, the State Average Weekly Wage (S.A.W.W.) used to determine maximum workers’ compensation benefits for the fiscal year beginning July 1, 2022, and ending June 30, 2023, is $1,104.92. This S.A.W.W. produces the maximum weekly benefit rates for injury and illness occurring on or after July 1, 2022, as follows:
|Temporary Total Disability||$1,160.17|
|Permanent Total Disability||$1,160.17|
|Permanent Partial Disability||$607.71|
The actual weekly wage rate necessary to attain the maximum benefit rate is $1,740.25 for Death, Temporary Total Disability and Permanent Total Disability and $911.56
for Permanent Partial Disability.
Also, as of July 1, 2022, the mileage allowance for travel expenses is 59.5 cents per mile.
Missouri Workers Compensation Forms
Some key Missouri workers’ compensation forms you may need to file your claim or pursue your case are linked below. The complete list of forms can be found on the Missouri Division of Workers Compensation’s website.
- Form to report an injury to your employer
- Form to request a conference with an administrative law judge
- Form to file a claim with the Division of Workers’ Compensation directly
If you need assistance with the forms or any part of the Missouri workers’ compensation claim process, contact us today.
MISSOURI WORKERS COMPENSATION STATUTE FOR EMPLOYERS
Every employer is expected to know the Missouri Workers Compensation Statute to understand what is expected of them, as stipulated in the statute. For example, if an employer has over five or more employees, and all of them are construction employers, such an employer is expected to obtain and post a notice of workers’ compensation insurance (with limited exceptions).
According to the statutes, the employer can also select a medical provider for the injured or ill employee. The statute also explains the exceptions to when employers are required to compensate employees, such as when the victim was injured under the influence of alcohol or drugs.
Missouri Workers Compensation Statute of Limitations
It is common for employees to confuse the need to file a claim with the need to report their injury; however, both are distinctly different. Each step has different time limits (or statutes of limitations), making it necessary to be aware of the difference.
Failing to report your injury to your employer or reporting late may put you at risk of abandoning your claim. Only a 30-day grace is available for employees to report their on-the-job injury after its occurrence.
The report is made via a written notice, which includes the time, date, place of injury, and the nature and extent of the injury. It should be delivered to the employee’s direct supervisor or the appropriate officer. Any employer who does not report their work-related injury within that time frame may lose their rights to workers’ compensation benefits.
An employee must file a workers’ comp claim with the court within two years of the date of injury. However, deadlines can be extended in certain circumstances.
MISSOURI WORKERS COMPENSATION LAW
B.W.O. is vastly experienced in Missouri workers’ compensation law and will fight to support you and your family during this challenging time.