Free Consultation
(314) 500-HURTMissouri Workers’ Compensation can feel really unfair sometimes – particularly when you cut off your thumb.
Unlike a civil claim, with Missouri Workers’ compensation claims, you cannot get money for pain and suffering, the value
of your claim depends on how much money you make at work, your lost wages may be capped, and a lump sum payment for your
injury is limited by an arbitrary “schedule of loss” assigned to each body part by statute.
For example, we recently represented a client whose thumb was sliced off at work:
Pursuant to RSMo. § 287.190, the “schedule of loss” number assigned to a thumb that is completely amputated at the
distal joint is 45.
Based on our client’s hourly wage, which is part of the statutory formula, the most he could ever get, even if he lost
100% loss of his thumb is $10,642.50, plus a small amount for disfigurement. This includes the 10% increase in
compensation you get for amputations. Doesn’t seem very fair, does it?
We were able to make the argument that the loss of his thumb affected overall use of his hand. The hand is assigned the
number 175. We settled the case for 35% disability of the hand, plus disfigurement, which increased his settlement to
$13,500.00. Still not much.
Unfortunately, that is just the reality of Missouri Workers’ Compensation. Sometimes an employee who lost his thumb
might have a civil claim too, such as a product liability claim involving a dangerous machine, retaliation against the
employer if they are fired because of their injury, or negligence against someone other than his or her employer.
We always investigate whether we can bring these claims to get our clients the most money possible. We are doing this
for the poor young man at issue. Stay tuned.
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
Similar Blog Posts
If you've sustained an injury at work, you may be entitled to benefits from workers' compensation insurance. You must properly follow the claim process to successfully receive bene...
Hiring the Right Attorney You need the right attorney to obtain a fair settlement amount for your injury-related losses. When working with an attorney, clients hope for a fruitful...
What Is Bad Faith Failure To Settle? It's when and insurance company will not reasonably settle a claim and damages its insured, or customer, in Missouri. Bad Faith is "the int...
521 W. Main Street Suite 201 O
Belleville, IL 62220
By appointment only
(618) 500-4878 GET DIRECTIONS332 S Michigan Ave Suite 900
Chicago, IL 60604
By appointment only
(312) 500-HURT GET DIRECTIONS100 Chesterfield Business Pkwy Suites 200-222
Chesterfield, MO 63005
By appointment only
(314) 648-8348 GET DIRECTIONSNO FEES UNTIL WE WIN YOUR CASE
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
or call us at
(314) 500-HURT