Workers’ compensation is insurance carried by employers in Missouri who have five or more employees. There are two types of workers' compensation in Missouri. This type of coverage helps employers aid their employees who are injured on the job or become ill with an occupational hazard.
Many people believe that they are not eligible for workers’ compensation because they don’t work in construction or a similar industry, but that’s not true. Anyone who is injured on the job—from a fall at a construction site to a trip and fall in an office building—can be eligible for workers’ compensation. The application process is the same no matter what type of injury is sustained and the circumstances of the accident. This is true whether someone is an architect, an administrative assistant, a cleaner, or nearly any other occupation.The first thing it covers is medical treatment and care that’s needed to recover from injuries so that you can go back to work.Missouri has two types of workers' compensation that depend on the type of injury or illness you have. Filing a claim is a written request for benefits, and you are not required to prove “fault” as you normally would with a lawsuit. Workers’ compensation benefit payments are also tax-free.If a worker dies, in Missouri, the insurer is also responsible for the worker's funeral expenses, up to $5000. Survivors’ benefits are also available.
After An Accident At Work
The first step is to obtain medical care after your accident, even if you think you’re OK. You’ll receive an official diagnosis, a treatment plan based on your injuries, and begin the process of healing. Your treatment plan may include physical therapy, surgery, prescriptions, and other types of care. You’ll also have documentation showing that you were injured on the job.The next step is to notify your employer as soon as possible. Ideally, you should notify your employer immediately, but you’re required to do so within 30 days. If you had to see a doctor right away, notify your employer as soon as you are able. Waiting longer can impact your benefits. Your employer may also require you to see a specific doctor before they pay benefits. In addition to your medical expenses, workers' compensation also pays partial lost wages. Payments are made weekly, after a three-day waiting period. Benefits begin after 14 days.Type 1: Temporary Disability BenefitsTemporary Total Disability (TTD) is a benefit you receive when a doctor says that you are unable to return to work immediately while you are recovering from surgery or other treatments. Temporary total disability benefits are continued until the doctor says that you can return to work or your treatment is finished or you have received. “maximum medical improvement,” whichever happens first.Workers’ compensation also provides temporary partial disability if you return to modified or light duty at less than your regular pay rate. Payments for temporary Partial and Permanent Disability are 66 2/3% of your gross wages prior to the accident. That is your income before taxes and other deductions.Type 2: Permanent Partial/Permanent Total Disability BenefitsIf your work-related injury affects your ability to do certain jobs or tasks, but you are still able to do some type of work, you may be eligible for permanent partial disability. However, if you are unable to work at any job again, you may receive permanent total disability. This means that you would be eligible for weekly payments for life from your employer and their insurer.However, if your work-related injury and prior disabilities are responsible for your permanent total disability, your employer and their insurer may only be held responsible for partial permanent partial disability instead. You will be required to file a “claim for compensation” against the Second Injury Fund to receive permanent total disability paymentsAs with temporary disability benefits, permanent disability is calculated at 66 2/3% of your average weekly earnings, going from the date of the injury prior to deductions. This cannot exceed a maximum dollar threshold set by law.
• If you are determined to be permanently and totally disabled, you can opt for receiving weekly payments for the rest of your life or negotiate a lump sum settlement.
• If you are determined to have a permanent partial disability, you may simply receive a lump sum payment based on the extent and nature of your disability.
Individuals who develop an occupational disease through toxic exposure under either circumstance may receive enhanced weekly payments. This enhanced benefit affects claims on or after January 1st, 2014 for toxic exposures that result in permanent total disability or death. Illnesses such as mesothelioma, pneumoconiosis silicosis, and other serious occupational hazards are eligible for this enhanced benefit.Additional information is available at the Missouri Department of Labor & Industrial Relations website.
Help With Your Kansas City Workers Compensation Claim
Since 1918, The Popham Law Firm has been representing people just like you in Workers' Compensation claims. If you are unsure of the types of workers' compensation you may qualify for, we’ll be happy to review your case, let you know if you have one, and how to proceed. Contact us at (844) 243-2288 or (use our online contact form) to get started.
