To help you understand your workers’ compensation settlement, we will describe how to compute workers’ compensation settlements in Missouri in this blog post.
Missouri makes use of specific calculations to determine the workers’ compensation disability payments that are available to employees.
In Missouri, employers and their insurance companies are liable for employee injuries regardless of fault or negligence.
Various equations are used to determine the amount of each worker’s compensation disability benefit awarded.
Please get in touch with our Missouri workers’ compensation law office if you have any concerns or require legal advice regarding your claim.
How to Calculate the Average Weekly Wages in a Missouri Workers’ Compensation Case
The average weekly wage determines benefits for each Missouri Workers’ Compensation Body Chart area.
One can determine the average weekly wage by dividing the total wages earned from the 13 weeks before the accident by 13.
For employees who worked fewer than 13 weeks prior to the injury, the computation is the total salary received divided by the number of weeks worked.
For example, say injured employee John Doe earned $6,500 in the 13 weeks before his work-related injury. By dividing $6,500 by 13, we would calculate John’s average weekly wage as $500.
This sum determines the rate of compensation, which is usually two-thirds of the weekly average wage.
Once you have established the average weekly wage, using the Missouri workers’ compensation settlement chart is straightforward.
Calculation of Missouri’s Permanent Partial Disability
The Missouri Workers’ Compensation Chart determines the amount of the Permanent Partial Disability award using the rate of compensation, weeks of disability at the body part level, and the percentage of disability.
The Missouri workers’ compensation chart assigns weeks of wages to each bodily area. The level indicates the no of weeks of compensation for each injured part of the body.
When there is no specific level for the injured body part, injured employees will be entitled to submit a claim for a whole-body disability (designated “Entire Person” or 400 weeks on the chart).
The treating physician or a paid medical expert will issue a report outlining their opinions on the percentage of disability they believe the employee has for each body part.
The following three figures are used to calculate permanent partial disability:
Weeks of Disability from the Chart x Disability Percentage x Compensation Rate = (Settlement Value).
Example: Say injured employee John Doe injured his right shoulder and needed rotator cuff surgery. His treating surgeon rated him with a 25% permanent disability to the shoulder. Looking at the Disability Chart, we can see that the shoulder is worth 232 weeks of compensation. The settlement value can be calculated as follows:
25% x 232 Weeks x $500 (AWW) = $29,000.00.
Under this example, the injured employee would be entitled to a settlement of $29,000.
Temporary Total Disability
The Missouri workers’ compensation system includes benefits for employees who suffer workplace injuries that keep them from working while receiving medical treatment.
Temporary Total Disability pays employees 2/3 of their lost salaries when they miss work while recovering from their injuries.
Employees are compensated through this benefit if they are off work for more than three days.
Employees are entitled to temporary total disability payments until the employee returns to work or achieves maximum medical improvement (MMI).
Contact an Experienced Missouri Workers’ Compensation Lawyer
If you have questions about disability awards or wish to submit a claim for benefits, you need the assistance of an experienced Missouri Worker’s Compensation Lawyer to help you receive the benefits to which you are entitled.
It is advised to consult with a lawyer as the settlement values of Missouri workers’ compensation claims are frequently determined on a case-by-case basis.
Contact the Work Comp Center of Jefferson City today to learn more or to have our workers’ compensation attorneys begin assisting you with your case.
Read more about workers compensation:
A Comprehensive Guide to Missouri Workers’ Compensation: Protecting Your Rights and Benefits
Missouri Workers’ Compensation Resources: Where to Find Help
