Q: How is my MO Workers’ Compensation case valued?

A:  The State assigns values, in numbers of weeks, to each body part.  Then, you are entitled to some percentage of that number of weeks depending on how permanently disabled that body part is left.

Q:  Is my work-related shoulder injury still worth anything in Missouri if I did not have surgery?

A:  Every case is different.  But, in general, if you are able to keep working after healing, a non-operated shoulder case is worth between 10% and 15%.

Q:  If I had rotator cuff surgery due to being injured at work in Missouri, what should the insurance company offer me?

A:  Every case is different.  But, in general, if you are able to keep working after healing, a once-operated rotator cuff case should yield between 20% and 30%.

Q:  If I had shoulder surgery on my labrum due to being injured at work in Missouri, what should the insurance company offer me?

A:  Every case is different.  But, in general, if you are able to keep working after healing, a once-operated labral tear case should yield between 20% and 30%.

Q:  If I had bicep tendon surgery due to being injured at work in Missouri, what should the insurance company offer me?

A:  Every case is different.  But, in general, if you are able to keep working after healing, a once-operated bicep tendon case should yield between 20% and 30%.

Q:  If I had shoulder replacement surgery due to being injured at work in Missouri, what should the insurance company offer me?

A:  Every case is different.  But, in general, if you are able to keep working after healing, a shoulder replacement case should yield between 30% and 50%, or more.

Q:  If I had multiple shoulder surgeries due to being injured at work in Missouri, what should the insurance company offer me?

A:  Every case is different.  But, in general, if you are able to keep working after healing, a twice-operated shoulder case should yield between 25% and 35%.

Q:  If I had shoulder surgery due to being injured at work in Missouri, what should the insurance company offer me?

A:  Every case is different.  But, in general, if you are able to keep working after healing, a once-operated shoulder case should yield between 20% and 30%.

Getting injured at work can lead to more than just physical pain; it can also create confusion and stress as you navigate the unfamiliar territory of workers’ compensation. An experienced attorney can ensure you receive the compensation you deserve for your injuries. Contact us today to see how we can help you secure the maximum compensation.

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 573-821-4252 TO SCHEDULE A FREE CONSULT

EMAIL:  br**@*********aw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

More Workers’ Compensation Information That May Be Helpful:

MO Workers’ Compensation Permanent Partial Disability Case Estimate Calculator

A Comprehensive Guide to Missouri Workers’ Compensation: Protecting Your Rights and Benefits

Interactive Missouri Workers’ Compensation Chart

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post Work Injury: 8 Common Questions an Injured MO Worker May Ask appeared first on Jefferson City Workers Compensation Attorneys.

The post Immediately Reporting Your Work Injury : The Value of Immediate Action After A Work Injury appeared first on Jefferson City Workers Compensation Attorneys.

For Comprehensive information, be sure to check out our previous posts:

What is Missouri Workers Compensation Law?

The Medical Treatment Benefits in Missouri’s Workers’ Compensation Law

Temporary Total Disability (“TTD”) Benefits

Temporary Partial Disability (“TPD”)

Permanent Partial Disability “PPD” Claim

If instead of the specific injured body part being permanently less ‘able’ due to the work injury, the injured worker is unable to return to full-time unaccommodated work, the injured worker is entitled to permanent total disability benefits.  The easiest way to think of that is whether the ‘reasonable’ employer can be reasonably expected to hire the injured worker after his or her work injury.  If it is not reasonable to expect an injured worker to compete in the open labor market due to the permanent affects of their work injury, then the injured worker is considered permanently and totally disabled.  This does not consider only the job the injured worker had at the time of the work injury.  If the injured worker can be reasonably expected to obtain full-time unaccommodated employment in the open labor market, he or she is not permanently and totally disabled.  The same is true even if the other job(s) the injured worker is able to perform pays significantly less.  A person able to continue working in a full-time unaccommodated capacity is entitled to permanent partial disability benefits.

Employers cannot discriminate against a specific individual for their age, gender, race, disability, etc.  That said, employers are allowed to have certain job requirements that are applied equally to all applicants and/or employees.  For instance, a construction company might require its employees to be able to lift at least 100 lbs.  That is not discriminatory assuming all applicants and employees are required to be able to do that.  It is these job requirements that are considered when attempting to determine whether the Injured Worker is permanently and totally disabled.

If a medical doctor feels the work injury has left the injured worker unable to perform certain activities, or perform them at a certain rate, or perform them in a certain environment; then, that doctor will assign permanent restrictions to the injured worker.  For example the doctor might say not to lift greater than 10 lbs., not to sit for longer than 45 minutes, not to walk more than 200 yards, and that the injured worker needs to be allowed to lie down or recline once per hour.  If that injured worker would apply to the hypothetical construction job that requires its employees to be able to lift 100 lbs., they would not get the job.  That injured worker would not be physically capable of performing that job due to the permanent restrictions flowing from the work injury.  Likewise, if that injured worker applied for a sedentary desk job, that injured worker would not be qualified for it as he or she would be unable to to sit for sustained periods and the employers would not allow for the employees to work in a bed or recliner in a recumbent fashion.

This is where vocational rehabilitation specialists / experts come into the picture.  An able workers’ compensation attorney will be able to arrange for you to be evaluated by a vocational rehabilitation specialist.  This person will take your restrictions and consider each jobs basic requirements in the open labor market.  The vocational rehabilitation specialist will consider not only the requirements of the injured worker’s job, but all jobs, in order to offer an opinion as to whether the injured worker can be reasonably expected to be hired for full-time unaccommodated work.  The vocational rehabilitation specialist will consider the basic requirements of very-heavy, heavy, medium, light, and sedentary jobs.  The vocational rehabilitation specialist will also consider the level of training and/or education necessary to be qualified for a give job if the injured worker is physically capable.  It does not make sense to tell a 73-year-old concrete worker that he has the physical abilities to be a brain surgeon.  The law take ‘life factors’ such as eduction, appearance, work history, and age into account.

Ultimately, if the last / primary work injury on its own is the prevailing factor causing the injured worker to be so limited in his or her abilities that he or she no longer is capable of performing a job he or she would otherwise be qualified for in the open labor market, then that person is permanently and totally disabled as the Missouri Workers’ Compensation system considers it.  You will need medical and vocational evidence appropriately submitted into evidence in order to prove this.  It is also worth noting that the injured workers cannot have already been incapable of full-time unaccommodated work in the open labor market prior to to work injury due to preexisting injuries/conditions.

If the injured worker is rendered Permanently and Totally Disabled by his or her work injury, when that injury’s permanent affects are considered in isolation (separate from any other injuries or medical conditions), then the employer is liable for payment of Permanent Total Disability (“PTD”) Benefits.  These benefits are calculated very differently from the Permanent Partial Disability Benefits.  PTD Benefits are meant to account for the work injury having eliminated the Injured Worker’s ability to earn income for the remainder of his or her lifetime.

The weekly rate associated with PTD Benefits is allowed to be significantly higher than the maximum PPD weekly rate.  Like PPD, the PTD rate changes each year.  Historically, it increases to account for the changing value of money (inflation).  With that in mind, in order to calculate a PTD Rate, the Injured Worker still looks to the 13 weeks prior to the date of his or her injury, he or she adds up every pre-tax dollar he or she made in those 13 weeks, and then he or she divides that amount by 13 in order to identify an average.  The Injured Worker’s PTD Rate is then 2/3 of that average weekly wage, unless it is in excess of the maximum PTD rate.  The maximum PPD and PTD Rates are published online for each year.

Once the PTD Rate is identified, the Injured Worker must identified his or her additional life expectancy.  No one know how long he or she is going to live for certain.  As such, most attorneys will use the Social Security Administration’s Life Expectancy Calculator to obtain an additional life expectancy for a given Injured Worker.  The younger the person, with some variance depending on gender, the longer his or her additional life expectancy might be.

Once the duration of the Injured Workers’ additional life expectancy is identified, one might think all that need be done is to multiple the number of additional weeks he or she is expected to live by the PTD weekly rate in order to learn the appropriate value of his or her claim.  Unfortunately, while that is a worthwhile talking exercise for purposes of making it a talking point, it is not that simple for two main reasons.

First, the present value of money is different from the future value of money.  Think about what $100 was worth in 1988 versus now.  For that reason, the Employer and their Insurer are not going to negotiate based on the gross value of the Injured Worker’s additional life expectancy multiplied by his or her PTD weekly rate.  As such, if the Injured Worker is interested in negotiating a lump sum settlement, his or her attorney will run a present value calculation.  To state it simply, that calculation takes into account the changing value of money over time.

Second, the Employer and their Insurer are not going to assume the Injured Worker is going to live his or her full additional life expectancy.  The additional life expectancy projection is based on date and averages.  The Employers and their Insurers are going to view the additional life expectancy projections as a worst case scenario.  Before they would pay for a full-life, they will make the weekly payment and make the Injured Worker earn that amount by actually living that long.

With those two additional factors in mind, a lump sum PTD value can be calculated using any number of years of additional life.  This is probably easiest understood with a hypothetical example:

Injured Worker Additional Life Expectancy: 20 Years (1,040 Weeks)

Injured Worker PTD Rate:  $1,000.00

Gross PTD Lump Sum Value of Full Additional Life:  $1,040,000.00

Lump Sum Present Value of Full Additional (20 Years of Payments) Life at 4%:  $706k

Lump Sum Present Value of 17 Years of Payments at 4%:  $632k

Lump Sum Present Value of 14 Years of Payments at 4%:  $550k

Ultimately, because no one can know how long the injured worker is going to live, these data points are essential to the injured worker being able to make an informed decision as he or she considers his or her options.  The only thing that the injured worker can ‘win’ at trial is NOT a lump-sum, but the weekly payment.  While the lump sum offer is the initial preference of many, appropriate presentation of all the data points allows the injured worker to evaluate how long he or she would have to live before he or she would exceed the value of the lump sum being offered to him or her.  For instance, using the hypothetical data points above, if the injured worker were offered $100k, it would take him or her less than 2 years of weekly payments to outlive the value of that offer.  In that instance, he or should would in most circumstances prefer the weekly payment to that $100k offer.  But, every case is going to be different when evaluating PTD settlements and offers.

the first thing a permanently and totally disabled Missouri Worker needs to determine is his or her additional life expectancy.  Speaking in general

If the restrictions associated with the work injury in isolation are not enough, but the Injured Worker is permanently and totally disabled; then Missouri Second Injury Fund is most likely liable for the weekly benefits.

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 573-821-4252 TO SCHEDULE A FREE CONSULT

EMAIL:  br**@*********aw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post PTD Claim Against Employer appeared first on Jefferson City Workers Compensation Attorneys.

For Comprehensive information, be sure to check out our previous posts:

What is Missouri Workers Compensation Law?

The Medical Treatment Benefits in Missouri’s Workers’ Compensation Law

Temporary Total Disability (“TTD”) Benefits

Temporary Partial Disability (“TPD”)

Permanent Partial Disability “PPD” Claim

The Missouri Workers’ Compensation law accounts for injuries that eliminate workers’ from returning to work very differently from how it accounts for less severe injuries where they are reasonable able to return to work after medical treatment.  To try and state it simply, if your work injury makes it to where it is no longer reasonable to expect any employer in the open labor market to hire you for a full-time position without accommodations that others in your position would not receive, Missouri Workers’ Compensation Law would say you are permanently and totally disabled (“PTD”).

Depending on your age and income level at the time of your injury, these PTD cases can be worth hundreds of thousands, if not millions, of dollars.

So, in most of these cases, you will face a fight that is far fiercer than your more ordinary, [typically] less valuable, permanent partial disability (“PPD”) Missouri Workers’ Compensation Claims.

To prove PTD, it will not be enough that you feel you cannot return to work.  And, it will not be enough for you to show only that you cannot return to the job you had before you got injured.  So, how do you prove it is no longer reasonable to expect any employer to hire you for full-time work without making accommodations for you?  You need evidence to establish your work injury prevents you from competing in the open labor market.  So, what evidence will you need?

1. Medical Restrictions – Evidence where a doctor defines what your work injury and any preexisting injuries and/or conditions prevent you from doing physically, mentally, emotionally, and/or socially that you might be expect to be able to do or tolerate at a workplace in the ordinary course.

2. Vocational Evaluation of Restrictions – Evidence where an expert in job placement (employability) evaluates whether your medical restrictions prevent you from being hired for jobs in the open labor market that you might otherwise qualify for in the open labor market.

Almost every job in America has minimum requirements that all applicants must meet to be considered for the position.  For example, some jobs require whomever is hired to be able to lift greater than 50 lbs. and stand or walk and climb frequently throughout each work day.  Other job titles might require a certain education level or level of technical training and/or type of certification.  Other job titles might require computer skills and an ability to type a certain number of words per minute.  These are only a few examples. skills, some all of those things, etc.  As long as these baseline requirements are applied equally to all applicants, Employers are in most cases allowed to have them.

Ultimately, in my opinion, your abilities (or, lack thereof) and background combine to form your vocational profile.  The same injury that eliminates someone of one age, education, work history, and appearance PTD might not render a another with a different vocational profile PTD.  Every case is extremely fact specific, and this area of the law is terribly complicated.

The vocational experts, in their ordinary practice, assist individuals in finding employment or training or educational opportunities that would allow them to find employment. Vocational experts can evaluate your vocational profile and medical restrictions to conclude whether you remain employable despite your limitations following your work injury.

That said, the vocational experts are at the mercy of the medical evidence, as they do not get to decide what your limitations and restrictions are.  Remember, that part is/was up to the doctors.  Like anything else, one doctors opinion might differ from another as to what you are capable (or, incapable) of doing.  As such, a vocational expert might conclude that you are PTD when they consider one doctor’s restrictions, but that same expert might conclude that a different physician’s restrictions would not render you PTD.

Even after you establish PTD, it the question remains whether the Employer and its WC Insurer or Missouri’s Second Injury Fund is liable for payment of a lifetime of benefits to you.  This blog does not dive into that additional analysis.

If you think your work injury has, or even might, make it really difficult to return to work, it costs you nothing to set up a consultation with the attorneys at McDuffey & Medcalf, LLC.  Some of our largest workers’ compensation settlements and trial victories come in these PTD cases.  Our extensive experience litigating Missouri Workers’ Compensation PTD Claims has led to huge settlements and life changing trial results.  If you have any doubt, call and find out for free if we can add value, and how we can do so, where you cannot return to work after your work injury.

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 573-821-4252 TO SCHEDULE A FREE CONSULT

EMAIL:  br**@*********aw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post Permanent Total Disability “PTD”:  What if my work injury was so severe I am not able to go back to work? appeared first on Jefferson City Workers Compensation Attorneys.

For Comprehensive information, be sure to check out our previous posts:

What is Missouri Workers Compensation Law?

The Medical Treatment Benefits in Missouri’s Workers’ Compensation Law

Temporary Total Disability (“TTD”) Benefits

Temporary Partial Disability (“TPD”)

What is a PPD CLAIM?

In most cases, the injured worker will not be eliminated from competing in the open labor market by the permanent effects of his or her work injury, even when they are combined with any preexisting injuries or conditions.  If an injured worker is able to return to work, despite the permanent effects of his or her injury being a hindrance or obstacle to employment, then the disability they have sustained while permanent is also only partial in nature.  Hence, most Missouri Workers’ Compensation Claims are resolved as Permanent Partial Disability (“PPD”) cases.

How is my claim valued?

To value these cases, the State Legislature assigned a value to each body part.  These State assigned values are measured in weeks of wages.  For the number of weeks of wages to have a value, you must identify the PPD Rate.  The  PPD Rate is most commonly calculated by identifying a Claimant’s total earnings (pre-tax) in the 13-weeks prior to the date of injury and dividing that total by 13 to account for an average weekly wage (“AWW”).  The PPD Rate is then two-thirds of that AWW.  The PPD Rate is always subject to a cap.  That cap increases each year after June 30th.  If you PPD Rate is less than that year’s statutory maximum, then your PPD Rate and TTD Rate should be the same.  If the PPD Rate maximum applies to you, your TTD rate is likely higher (maybe substantially so) than your PPD Rate.  Either way, your PPD Rate and the number of weeks the body part you injured is worth according the the State Legislature should be pretty straight forward.

How can an attorney add value to my PPD claim?

If an attorney is going to add value to your PPD Recovery, very often, the attorney will do so by obtaining evidence, or otherwise advocating, for a higher PPD Rating.  This rating is most often provided to you by the Workers’ Compensation Employer/Insurer and their doctor(s).  It will appear in your case in the form of a percentage.  In a nutshell, that percentage is supposed to reflect how much less ‘able’ the body part you injured will be on a permanent basis moving forward.  As such, it is common that Employers/Insurers’ physicians will assign what seem like very low PPD Ratings.  These low ratings directly correlate to low case values (small recoveries / settlements).  This is where the second opinion can have additional value.  If that IME results in a conclusion that the injured worker has achieved MMI, in addition to the future medical considerations, the second opinion physician will provide a PPD rating of his or her own that can be submitted into evidence.  This is the last piece of the puzzle in the PPD equation.  At that point, you know the number of weeks the body part you injured is assigned by the State, you know your PPD Rate (or, if it is capped at the max), and you know the PPD Rating the workers’ compensation treating physician assigned you compared to the PPD Rating your second opinion IME doctor assigned you.  

Simply apply the PPD Rating (percentage) to the Total Number of Weeks Your Injured Body Part(s) are Assigned, and then multiply that by the PPD Weekly Rate.

Back Injury Examples:  L4-5 Fusion Surgery if PPD Rate was $500

40% PPD Rating at the Low Back (400 Week Level) 

40% of 400 = 160 Weeks

160 Weeks with $500 PPD Rate = $80,000.00

5% PPD Rating at the Low Back (400 Week Level)

5% of 400 = 20 Weeks

20 Weeks with $500 PPD Rate = $10,000.00

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 573-821-4252 TO SCHEDULE A FREE CONSULT

EMAIL:  br**@*********aw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post Permanent Partial Disability “PPD” Claim appeared first on Jefferson City Workers Compensation Attorneys.

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 573-821-4252 TO SCHEDULE A FREE CONSULT

EMAIL:  br**@*********aw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

For More information on Workers’ Compensation:

What is Missouri Workers Compensation Law?

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped?

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post Interactive Missouri Workers’ Compensation Chart appeared first on Jefferson City Workers Compensation Attorneys.

If an injured worker is under light duty restrictions that the Employer can accommodate, but the accommodated / light duty work does not allow the injured worker to make the same amount of money, then the injured worker is entitled to TPD benefits that should pay two-thirds of the difference between Claimant’s AWW and the weekly pre-tax light duty earnings.  Often, workers’ compensation Insurers will require each week’s light duty pay stub from the Employer before issuing these TPD payments since the amount of each week’s TPD check is dependent upon the amount earned working the light duty assignment of the Employer.

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 573-821-4252 TO SCHEDULE A FREE CONSULT

EMAIL:  br**@*********aw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

For More information on Workers’ Compensation:

What is Missouri Workers Compensation Law?

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped?

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post Temporary Partial Disability (“TPD”) appeared first on Jefferson City Workers Compensation Attorneys.

Temporary Total Disability (“TTD”) Benefits

If workers’ compensation authorizes a medical provider who takes an injured worker off work due to the work injury, that worker is considered to be totally disabled by the work injury for a temporary period of time. Due to this, the workers’ compensation insurer should pay the injured worker for that time off of work.

Compensation- TTD Rate

The compensation rate can be calculated a number of ways depending on each circumstance. It is most commonly calculated by first identifying an Average Weekly Wage (“AWW”).  The AWW is typically calculated by adding every pre-tax dollar earned during the 13 weeks prior to the work injury, then dividing that total by 13 to get an average.  Once you have that average and you divide that by 13 in order to get the AWW.  After you have an AWW, two-thirds of that AWW is the TTD Rate.  Taxes should not come out of these payments.

The injured worker is placed under light duty restrictions by the authorized medical provider, as opposed to being taken off work completely. The employer can accommodate those restrictions by providing work within the restrictions. If the employer does not offer work within the restrictions, then the workers’ compensation insurer should pay TTD for those weeks that an injured worker is under restrictions but not being provided light duty work.

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 573-821-4252 TO SCHEDULE A FREE CONSULT

EMAIL:  br**@*********aw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

For More information on Workers’ Compensation:

What is Missouri Workers Compensation Law?

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped?

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post Temporary Total Disability (“TTD”) Benefits appeared first on Jefferson City Workers Compensation Attorneys.

This benefit allows injured workers to receive treatment necessary to cure or relieve the effects of their work injury without incurring bills or costs like co-pays or deductibles.  The kicker, if you want the workers’ compensation insurer to pay, the law allows them to direct your care (pick your providers).  Commonly, this means you will be evaluated and/or treated by medical professionals that are working to maintain relationships with workers’ compensation insurance companies.  This might leave claimants (injured workers who have made workers’ compensation claims) feeling like they are receiving a conservative or cost-effective (think, what feels like endless physical therapy before an MRI) version of care.  It might also feel for some like the doctors are releasing them at maximum medical improvement sooner than they are ready, or without given real consideration to their injuries and/or symptoms.

Not only are injured workers entitled to treatment through MMI, but if it is medically ‘probable’ (not merely ‘possible’) that the injury will require any form of treatment at some point in the future, this medical benefit can/should be left open for the remainder of your life.  In other words, workers’ compensation can be on the hook to pay for medical treatment necessary to cure or relieve the effects of the work injury for the remainder of your life.  Commonly, the medical professionals retained by workers’ compensation insurers to treat injured workers will find that the work injury will not require any future medical treatment (or, if it does, it would not flow from the work injury).  If a case is resolved without any real consideration given to future medical, that can be a major potential loss in value.

Commonly, after the workers’ compensation doctors release a claimant at MMI, experienced workers’ compensation attorneys will send for an independent medical evaluation for a second opinion as to whether the claimant has actually reached MMI, and if so, whether there is a probability of future medical care becoming necessary due to the work injury.

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 573-821-4252 TO SCHEDULE A FREE CONSULT

EMAIL:  br**@*********aw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

For More information on Workers’ Compensation:

What is Missouri Workers Compensation Law?

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped?

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post The Medical Treatment Benefits in Missouri’s Workers’ Compensation Law appeared first on Jefferson City Workers Compensation Attorneys.

In Missouri, Workers’ Compensation was created by the State Legislature many years ago to assist workers’ who suffer injuries, or acquire conditions, at work.  For the most part, Missouri Workers’ Compensation does not give consideration to whose fault it might have been that the injury was suffered or condition acquired.  Missouri Workers’ Compensation is a system defined by the Missouri law (“statute”) written within its Chapter 287.  Essentially, the Missouri Workers’ Compensation Law defines when and how Missouri’s workers are entitled to specific benefits if/when something happens to a worker within in the course and scope of his or her employment, and that something is the ‘prevailing factor’ [amongst any number of other possible contributing factors] causing a workers’ injury or condition.  Missouri Workers’ Compensation entitles these injured workers to many different benefits depending on the facts specific to each case.

With that said, in very general terms, it entitles workers injured within the course and scope of their employment to three benefits, which will be covered in the blog posts to come:

1. Medical Treatment
2. TTD / TPD Income Replacement and Light Duty Accommodations
3. Settlement / Recovery / Award

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 573-821-4252 TO SCHEDULE A FREE CONSULT

EMAIL:  br**@*********aw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

For More information on Workers’ Compensation:

What Is The Most Common Workplace Injury?

MO Workers’ Compensation Permanent Partial Disability Case Estimate Calculator

A Comprehensive Guide to Missouri Workers’ Compensation: Protecting Your Rights and Benefits

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post What is Missouri Workers Compensation Law? appeared first on Jefferson City Workers Compensation Attorneys.