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(314) 500-HURTEach workers’ compensation case is unique. In evaluating the worth of a particular instance, you must consider the circumstances of the accident, the type, duration, and severity of the injury, the worker’s typical wages, and the kind of work the employee performed. These factors determine the nature of the benefits you can receive from your employer’s workers’ compensation insurance, as well as the maximum settlement.
The state uses formulas to calculate benefits, but the simple act of filing a claim does not guarantee the payout you expect and deserve. Many factors go into evaluating your workers’ compensation case, and your employer would prefer to pay as little as possible. Factors such as how well-documented your injury is, whether you’ve followed medical advice, and the quality of the legal representation you have can all influence the final settlement. Additionally, employers and insurance companies may attempt to challenge the severity of the injury or its connection to the workplace, so thorough documentation and expert legal support are crucial.
At Burger Law, we understand these complexities and will help navigate your case, proving all the ways your work-related injury or illness has affected your life. By providing medical records, expert testimonies, and evidence of how the injury has impacted your ability to work, we ensure you have the best chance at a fair settlement. Receive a free case review by calling us at (314) 500-HURT
In Missouri, the value of your workers’ compensation claim often depends on the nature and severity of your injury, especially when it involves the loss or impairment of a specific body part. The Missouri Division of Workers’ Compensation assigns set values to various body parts, and these estimations play a key role in calculating settlements for permanent partial disabilities (PPD).
For instance, if you lose partial use of your hand, a specific percentage is assigned to that impairment. The state determines the number of weeks of compensation based on the body part affected. Losing the use of an arm, for example, may result in a different compensation period than losing the use of a leg. These weekly amounts are then multiplied by your weekly compensation rate to calculate the total settlement.
If you suffer a 30% disability in your hand, the settlement will be assessed based on that percentage and the state-assigned value for hand injuries. The calculation process can be complex, especially when multiple body parts are affected, or when the injury involves both physical and mental components, such as trauma after a severe accident. Missouri law provides detailed guidelines for these calculations, and you can review the state’s legal resources on permanent disabilities for more information.
Lost wages form a critical part of workers’ restitution, as they offer financial relief while injured workers are unable to earn their typical income. Missouri workers’ compensation benefits provide wage replacement based on the worker’s average weekly wage (AWW). This AWW includes base pay, overtime, tips, and other forms of income. Workers are generally compensated at two-thirds of their AWW, and these benefits are tax-free.
Nonetheless, the state imposes a cap on the amount an injured worker can receive each week, which is tied to Missouri’s average wage and updated annually. For 2024, this maximum benefit amount is $1,119.01 per week. Being familiar with these limits and any other rules is essential when planning for your recovery, as they can significantly affect the financial support collected during recovery.
In particular, temporary total disability (TTD) payments replace wages while employees are recovering and unable to work. In contrast, permanent total disability (PTD) ensures long-term support when an injury permanently prevents them from working. These benefits are crucial in providing not just financial assistance, but also peace of mind during a challenging time. Knowing that you’ll have consistent income helps injured workers focus on healing without the additional stress of mounting financial burdens.
Calculating your benefits starts with determining your AWW, but keep in mind that there are exceptions and limitations in unique cases. For example, some workers might receive special pay or bonuses that are not consistently part of their AWW, making it more difficult to calculate an accurate figure. In cases where workers receive fluctuating income, the AWW calculation may require averaging wages over a longer period. For additional information on how Missouri law calculates workers’ compensation rates for lost wages, you can visit the Missouri Division of Workers’ Compensation.
Workers’ compensation benefits are broken into several categories depending on the severity of the injury. Missouri law offers clear guidelines on maximum rates for Temporary Total Disability (TTD), Permanent Total Disability (PTD), and Permanent Partial Disability (PPD).
TTD benefits are for workers who are temporarily unable to work due to a workplace injury. These compensate for lost wages while you are unable to perform your job duties. TTD payments are calculated at two-thirds of your AWW, but there is a statewide maximum. As of 2024, Missouri caps TTD benefits at a maximum rate based on the state’s average weekly wage. TTD benefits continue until you are able to return to work or reach Maximum Medical Improvement (MMI), which means you have recovered as much as possible from your injury.
In some situations, injured workers may still be able to perform light-duty work or work fewer hours, and they may be eligible for Temporary Partial Disability (TPD), which compensates for the difference between their pre-injury wages and their current (reduced) earnings. The ability to earn even a partial income can make a big difference, particularly in cases where workers face long-term recovery but are eager to return to some form of employment. TPD payments ensure that individuals in these situations aren’t financially penalized for working fewer hours while they heal.
Permanent Total Disability (PTD) applies when a worker is completely unable to return to any type of employment due to their injury. PTD reimbursements are paid for life and are also computed based on two-thirds of your AWW, subject to the same statewide maximum limits as TTD. These benefits provide a necessary financial safety net for individuals whose injuries prevent them from working permanently and can make a significant difference in maintaining stability after a life-altering event.
Injured workers receiving PTD benefits should also be aware that these payments can be adjusted periodically. For example, cost-of-living adjustments (COLAs) may apply in some cases, aligning their long-term financial support with inflation or changing economic conditions.
Permanent Partial Disability (PPD) benefits are awarded when a workplace injury results in partial impairment but does not completely prevent you from working. PPD settlements are often paid in a lump sum. The amount you receive depends on the severity of the disability, the affected body part, and the percentage of disability assigned by a doctor. Like with TTD and PTD, PPD benefits are also subject to a maximum amount dictated by Missouri law.
“Did you know you don’t have to pay taxes on your personal injury settlement? That applies to compensation for future earnings, too. There are exceptions, but most personal injury settlement money including lost future earnings are meant to restore what you have lost so the IRS does not consider your settlement taxable income. This applies to state income taxes in Missouri too, but do your due diligence because there can be some exceptions and state laws differ.”
Gary Burger
Personal Injury Attorney
If a worker dies due to a workplace injury or illness, the law provides death benefits to the deceased employee’s surviving dependents. These entitlements cover funeral expenses, which are capped at a certain amount, along with weekly payments to surviving family members. These weekly payments are generally calculated at two-thirds of the deceased worker’s AWW, with a maximum cap based on the state’s average weekly wage.
In most cases, death benefits are paid to the spouse or children of the deceased worker. Spousal payouts continue until the spouse remarries, while children typically receive them until they reach the age of 18 (or 22 if they are enrolled in school). If the deceased worker had no dependents, benefits may be paid to other family members, though the rules for these cases can vary. You can find more information on Missouri’s death benefit statutes.
Workers’ comp law requires employers to cover all reasonable and necessary medical costs associated with a workplace accident. This includes doctor’s visits, surgeries, rehabilitation, and medication. The employer is responsible for selecting the healthcare providers who will treat the injured worker. If the affected worker chooses to see a doctor who is not approved by the employer, they may have to pay out of pocket unless otherwise authorized.
There is no specific limit on the amount of medical care an injured worker can receive. However, if the employer requires you to travel more than 250 miles to see an approved medical provider, they are obligated to reimburse you for travel costs. This guarantees that injured workers can access necessary medical care, even if it’s not locally available.
For workers in St. Louis and throughout Missouri, navigating the complexities of workers’ compensation claims can be challenging. Whether you’re calculating lost wages, determining disability rates, or securing death benefits, the attorneys at Burger Law are here to help. With deep knowledge of Missouri workers’ compensation laws, they work tirelessly to ensure injured workers receive the maximum compensation available under the law. Call (314) 500-HURT to get the support you need.
You need a lawyer to get the most out of your workers’ compensation case. Only experienced injury and workers’ compensation attorneys know what your case is truly worth and can fight to get you the additional benefits that your employer may not offer you voluntarily. When you and your family depend on your income in order to survive, your workers’ compensation case becomes very important. The settlement you receive will have a profound impact on your daily life for the foreseeable future.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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