If you’ve been unfortunate enough to be injured on the job or become ill as a result of your employment, one of your first concerns is to get an answer to what seems like the most crucial question: “how much will I receive in workers compensation benefits?” As the Kansas City area’s premier personal injury and workers compensation attorneys, The Popham Law Firm understands how confusing the worker's compensation laws can be. While both Missouri and Kansas law stipulates how much you’ll receive, the terminology can be intimidating for someone going through the application process. It is important to know how worker's comp is calculated.
The problem is this: while there are laws that set forth the amount that workers compensation should be, there is plenty of wiggle room for interpretation. You can bet that your employer’s workers compensation insurance company will do everything they can to pay as little as possible on your claim. After all, they are in the business of making money. That is why it is smart to get an experienced workers comp attorney like the ones you’ll find at The Popham Law Firm. Our mission is to make sure that you get all of the benefits you are entitled to, and not a cent less.No article can cover every case, but we’ll give you the basic information about how workers compensation is calculated in Kansas and Missouri. That way, you’ll have an idea of what to expect from your claim.
The Basics
The amount that you receive for any workers compensation claim is based on your average weekly wage. In both Kansas and Missouri, that calculation begins with a base number of 66 2/3rd percent of that average weekly wage. From here, the total amount of your compensation depends on the sort of injury you’ve sustained and whether or not you’ll be able to work again. (Kansas law 44-501c and Missouri law 287.170)
Temporary Total Disability
When you are unable to do any work due to the nature of your employment caused injury or illness, but are expected to return to your job eventually, you are considered to be temporarily totally disabled. In both Kansas and Missouri, you should receive 66 2/3rd of your weekly salary (up to the limit described above) for the duration of your recovery. (Kansas law 44-501c and Missouri law 287.170)
Temporary Partial Disability
A temporary partial disability is characterized by you not being able to perform some aspect of your job due to an injury or illness, but you can still earn some sort of a wage. In these cases, you can think of workers compensation benefit as “make –up” wages; they help bridge the gap between what you earned before your injury or illness and what you will make now until you are fully recovered. In both Kansas and Missouri, you will be able to collect 66 2/3rd of the difference between your pre-injury and post-injury wages. (Kansas law 44-510e and Missouri law 287.180)
Permanent Partial Disability
You suffer from a permanent partial disability when some part of you no longer functions due to an illness or injury sustained on the job. Often, these cases involve the loss of a limb or severe damage to some part of the body that renders it useless. The workers compensation benefit in both Kansas and Missouri is based on the 66 2/3rd of your wage rule, but the time you’ll receive those benefits is restricted to a certain number of weeks, depending on the body part involved. The Kansas schedule of benefits for individual body parts can be found in their worker's compensation guide, and Missouri publishes a similar guide for their residents.In cases of permanent partial disability, you may opt for a lump sum payment—an experienced workers compensation attorney like the ones at The Popham Law Firm can help you decide if this is a good option for you. In Missouri, the formula for a lump sum payout is:Your rate of compensation x level x disability percentageAs you can see, a medical doctor will need to determine the level and percentage of disability. This is a situation where competent legal advice becomes well worth it. You never want to trust a company physician to make this determination.Kansas residents may also receive a lump sum settlement—you’ll need a qualified attorney in your corner to ensure that you get the benefits to which you are entitled. Additionally, Kansas uses a complicated formula to determine the permanent partial disability benefit that workers are entitled to for “whole body” injuries and injuries that are not depicted on their schedule. You can play with the numbers on the calculator. In Kansas, these payments are limited to a maximum of 415 weeks.
Permanent Total Disability
Obviously, in a worst-case scenario, you may never be able to be employed again due to your illness or injury. In these cases, you’ll receive 66 2/3rd of your compensation for the rest of your life—that is, until you receive the statutory maximum payout. In Kansas, the maximum you can receive is $155,000. In Missouri, the maximum payout is restricted to a 105% of the state average weekly wage. For injuries sustained between July of 2017 and July of 2018, you could receive up to $923.01 per week. For more information, see the Missouri schedule.
How The Popham Law Firm can help
When you’ve been injured due to a something that happened at work, you need to understand that your employer’s workers compensation insurance company has a vested interest in paying you as little as possible. There is no need to endure more difficulty than you already have—The Popham Law Firm’s experienced team of attorneys is ready to defend your right to fair compensation. Reach out and contact us today at (844) 243-2288 or visit us on our website.
