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.

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.

In Missouri, employees who are injured on the job are entitled to certain benefits through the workers’ compensation system. Whether you’ve suffered a minor injury or a more serious one, it’s important to understand your rights and the process for obtaining the compensation you’re entitled to. 

This guide will walk you through everything you need to know about Missouri workers’ compensation.

What is Missouri Workers’ Compensation?

Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill due to their job. 

In Missouri, most employers must have workers’ compensation insurance to provide these benefits to their employees. The benefits typically include medical expenses, lost wages, and compensation for permanent injuries.

Who is Eligible for Missouri Workers’ Compensation?

In Missouri, most employees are eligible for workers’ compensation benefits if they are injured on the job. This includes employees who work for companies with five (5) or more employees, independent contractors, and volunteers. 

However, there are some exceptions, such as the construction industry, which requires workers’ compensation insurance if there are any employees. 

What Benefits are Available through Missouri Workers’ Compensation?

The following benefits are available through Missouri workers’ compensation:

• Medical expenses: Workers’ compensation will cover the cost of medical treatment for your work-related injury or illness, including hospital stays, doctor visits, and medication.
• Lost wages: If you’re unable to work due to your injury or illness, workers’ compensation will provide benefits to replace a portion of your lost wages.
• Permanent injuries: If you’ve suffered a permanent injury, workers’ compensation will provide benefits to compensate you for the permanent loss of use of a body part.
• Permanent – Total Disability: If you’ve suffered a permanent injury that keeps you from returning to gainful employment, you will receive weekly payments for the rest of your life.
• Death benefits: If a worker dies due to a work-related injury or illness, workers’ compensation will provide death benefits to the worker’s surviving spouse and dependents.
• Disfigurement:  If you receive an injury that disfigures your arms or face, you will be entitled to additional benefits. 

How to File a Claim for Missouri Workers’ Compensation?

The following is the process for filing a claim for Missouri workers’ compensation:

1. Report the injury to your employer: As soon as you’re injured, you should report the injury to your employer. Your employer should provide you with the necessary forms to file a workers’ compensation claim.
2. Complete the necessary forms: Once you have the necessary documents from your employer, complete them and return them as soon as possible.
3. Seek medical treatment: You should seek medical treatment for your injury as soon as possible. Your medical provider will provide you with a report of your injury and its impact on your ability to work. Under the law, the employer has the right to pick the doctor, and the insurance company must pay for all medical bills. 
4. Submit your claim to the Missouri Division of Workers’ Compensation: After you’ve completed the necessary forms and received medical treatment, you’ll need to submit your claim to the Missouri Division of Workers’ Compensation. This will likely require the use of an experienced workers’ compensation attorney. 

Frequently Asked Questions:

Q: What if my employer or the insurance company disputes my claim?

A: If your employer disputes your claim, you should immediately discuss your case with an experienced workers’ compensation attorney. 

Q: What does an attorney charge on a workers’ compensation case? 

In Missouri, an attorney handling a workers’ compensation case typically charges a contingency fee of 25% of the settlement or award obtained for the client. This means that the attorney only gets paid if the client receives a financial settlement or award, and the fee is a percentage of the total amount recovered. 

In conclusion, Missouri workers’ compensation provides substantial benefits to employees who are injured on the job. It’s essential to understand your rights and the process for obtaining these benefits to get the help you need if you’re injured at work. 

Whether you’re just starting to think about workers’ compensation or you’re already filing a claim, the information in this guide will help you make informed decisions about your case. 

Contact the Workers’ Compensation Attorneys at The Work Comp Center

If you have any questions or concerns about your workers’ compensation claim, please don’t hesitate to contact the Work Comp Center of Jefferson City. We are dedicated to providing assistance and support to employees who are navigating the worker’s compensation system. You can reach us by phone at (573) 821-4252.

Our team of experts can help you understand your rights and options and guide you through filing a claim and receiving benefits. We are available to assist you Monday through Friday from 8:00 am to 5:00 pm. Don’t hesitate to contact us for any assistance you may need.

FOR MORE INFORMATION OR CLARIFICATION:

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 A Comprehensive Guide to Missouri Workers’ Compensation: Protecting Your Rights and Benefits appeared first on Jefferson City Workers Compensation Attorneys.

First, it’s important to understand that most employers are required to carry workers’ compensation insurance in Missouri. If you’re injured on the job, your employer’s insurance should cover your medical expenses and lost wages. However, getting the benefits you’re entitled to can be a challenging process.

Missouri Division of Worker’s Compensation

One of the first places to turn for help is the Missouri Division of Workers’ Compensation. They are responsible for administering the state’s workers’ compensation program and can provide information on how to file a claim, what benefits you may be eligible for, and how to appeal a denied claim.
The contact information for the Missouri Division of Workers’ Compensation is as follows:
Missouri Division of Workers’ Compensation
3315 W. Truman Blvd
P.O. Box 58
Jefferson City, MO 65102-0058
Phone: (573) 751-4231
Toll-Free Hotline: (800) 577-2477
Fax: (573) 751-5680
Email: dl******@******mo.gov
Website: https://labor.mo.gov/division-of-workers-compensation

You can also contact the nearest district office by visiting the Division of Workers’ compensation website.

Your Employer’s Human Resources Can Provide Information on Your Worker’s Compensation Insurance Provider

Another resource is your employer’s human resources department. They should be able to provide information on how to file a claim with the company’s workers’ compensation insurance carrier.

Missouri Workers’ Compensation Advocacy Groups

Several workers’ compensation advocacy groups in Missouri can provide support and information to injured workers. Some examples include:

Missouri Workers’ Advocates (MWA) – A non-profit organization that provides representation, education, and support to injured workers in Missouri. They also advocate for workers’ rights and help improve the state’s workers’ compensation system.

Missouri Association of Trial Attorneys – A professional association of attorneys representing injured workers in Missouri. They also advocate for workers’ rights and provide resources and education to injured workers and their families.

Missouri AFL-CIO – A federation of labor unions that advocates for workers’ rights and supports injured workers, including assisting with filing workers’ compensation claims.

Missouri Injured Workers’ Alliance (MIWA) – A non-profit organization that provides support and information to injured workers in Missouri. They also advocate for workers’ rights and help improve the state’s workers’ compensation system.

Missouri Workers’ Center – A non-profit organization that provides education and advocacy for workers’ rights, including workers’ compensation.

Please note that this is not an exhaustive list, and there may be other organizations that provide support for Missouri workers’ compensation advocacy. It’s always good to research and check the group’s authenticity before engaging with them.

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Contact the Workers’ Compensation Attorneys at The Work Comp Center

If you have any questions or concerns about your workers’ compensation claim, please don’t hesitate to contact the Work Comp Center of Jefferson City. We are dedicated to providing assistance and support to employees who are navigating the worker’s compensation system. You can reach us by phone at (573) 821-4252.

Our team of experts can help you understand your rights and options and guide you through filing a claim and receiving benefits. We are available to assist you Monday through Friday from 8:00 am to 5:00 pm. Don’t hesitate to contact us for any assistance you may need.

FOR MORE INFORMATION OR CLARIFICATION:

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 Workers’ Compensation Information:

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

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 Missouri Workers’ Compensation Resources: Where to Find Help appeared first on Jefferson City Workers Compensation Attorneys.

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:

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

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

Missouri Workers’ Compensation Resources: Where to Find Help

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 How to Use the Missouri Workers’ Compensation Disability Chart to Calculate a Settlement appeared first on Jefferson City Workers Compensation Attorneys.