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Posted in Workers' Compensation on October 7, 2021   |  by Gary Burger

Workers' Compensation Benefits

If you have been injured on the job, you are entitled by law to receive certain benefits that help make the process of recovering from your injuries easier. The experienced Missouri workers' compensation attorneys at Burger Law help injured workers get the compensation they deserve. Call us today at (314) 648-8348 or contact us online for a free, no-obligation consultation.

Workers' Compensation Benefits In Missouri

After being hurt while working, it is important that you report your injury to your employer as soon as possible. State laws in Missouri and Illinois limit the amount of time you have to report your injury. As an injured worker in Missouri, you have 30 days. As an injured worker in Illinois, you must report your injuries within 45 days. You cannot claim workers' compensation if you do not file a notice in that time period.

This notice must include the following details:

  • Your name
  • The full nature/description of your injury
  • When and where your injury occurred

Usually, an employer will assist you in filing this paperwork with the Missouri Workers' Compensation Division. If your employer is not cooperating, you should talk to a Missouri workers' compensation lawyer right away. Burger Law's workers' comp lawyers in Missouri and Illinois will help you win your claim today. Call us right away at (314) 648-8348.

Missouri state law outlines three main types of benefits injured workers can receive:

  1. All medical treatment costs. This includes hospital fees (including ambulance charges), prescriptions, required physical therapy, and any devices needed, such as a wheelchair or crutches, that help someone get around following an injury
  2. Temporary wage replacement. These are available both for those who only cannot work for the duration of their injury as well as for those left entirely disabled by their accident. Benefits are calculated by a formula which we will explain later.
  3. Payment for remaining impairment. A doctor will decide when you have reached what is known as "maximum medical improvement", or when you will get as well as you will ever get. If you have any permanent damage or disability, you can receive temporary total disability payments for the duration of that disability.

How Missouri Calculates Workers' Compensation Benefits

Missouri uses two different equations to determine how much workers' compensation benefits someone can receive. One is for temporary wage replacement, the other is for permanent disability.

For weekly wages, Missouri law bases what you can get on your average weekly wage over the 13 weeks prior to your accident. If you have worked for less than 13 weeks before your accident, your total wages are divided by the number of weeks you have worked. You then receive compensation equal to 2/3rds, or 67%, of your average weekly wage.

Permanent partial disability payments are based around a much more complex formula. The compensation amount is multiplied by what is called the "level", or the part of the body that was disabled. Certain body parts have a higher level than others. This is then multiplied by the total percentage of disability, which is determined by a medical professional. Payments for permanent disability can be made either as one lump sum or paid out weekly for the length of the disability.

Talk To A Knowledgeable Missouri Workers' Compensation Lawyer Today

When you are hurt on the job, you need someone that can help you navigate the workers' compensation process. Employers may say that they are on their side. However, this is not always the case. Your employer and their insurers do not want to pay out a penny more than they have to and will move heaven and earth to keep from giving you what you rightfully deserve.

At Burger Law, we are not scared of insurers' bully tactics. We fight for all our Missouri workers' compensation clients to give them justice and fair, honest compensation. Call us today at (314) 648-8348 or contact us online to speak with a lawyer and put our team of workers' compensation lawyers to work for you.

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