If you need clarification about your work comp benefits, speak to a St. Louis workers’ compensation lawyer.
The state of Missouri has specific procedures to calculate workers’ comp benefits. There are certain equations that can be used to calculate the benefits available under the system. Employers are solely liable for any injuries caused to employees due to accidents at the workplace, irrespective of negligence or fault. The law also states that any injured employee cannot make a claim for tort damages through a court system and is only limited to certain statutorily scheduled benefits.
Calculating Average Weekly Wage
The compensation rate is calculated on the basis of an employee’s average weekly wage. The average weekly wage is calculated by considering the past thirteen weeks before the date of injury, with an assumption that the employee has been working with the employer for the stated period of time.
All wages earned in those thirteen weeks are added and then divided by thirteen weeks. If an employee has worked less than thirteen weeks, the total wages summed are divided by the number of weeks worked. This simple equation will give the average weekly wage and it can be used to calculate the average weekly wages for most of the benefits available for work-related injuries. Compensation rates in Missouri are two-thirds of the total amount of the employee’s average weekly wage.
Permanent Partial Disability
The equation for permanent partial disability is (rate of compensation) x (level) x (disability percentage).
‘Level’ refers to the area of the body that suffers disability. The percentage of disability is a component of the equation that is determined by a medical expert. The Missouri workers’ compensation division uses a chart that denotes the values assigned to different body parts. When calculating benefits, it is essential to ascertain the body part affected by disability.
Temporary Total Disability
Temporary disability benefits are awarded to workers who suffer temporary loss of earnings during recovery periods required to recuperate from a work-related injury. This compensation can be given to an injured employee only if the employee has not been able to return to work for more than three consecutive days or until the time the employee does not attain maximum medical improvement.
Death Benefits and Permanent Total Disability
The workers’ compensation equation can be used to calculate death benefits and permanent total disability as well.
If you need some clarification about your work comp case or need legal help in getting your rightful benefits, call our St. Louis workers’ compensation lawyer from The Law Office of James M. Hoffmann. For a free consultation, call us at (314) 361-4300.
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Thank you Dave. Missouri work comp law requires expert opinions on permanency, ability to return to work, medical causation and future medical care. The workers compensation insurance companies may try to hire more experts, but the bottom line is the credibility of your expert and not just how many you have. Glad to help anytime. Law Office of James M. Hoffmann 314 361 4300
Work comp claims are impossible to handle by yourself. Thought injured employees could, but soon found out you need a work comp lawyer. The doctor who treated me said they were going to cut of my medical and recommended I hire this attorney because he gets wrongly denied treatment approved all the time, whereas other lawyers do not. This was great advice. Top notch lawyer for Missouri Worker's Comp claims. Settlement was more than I could have imagined. Thanks! -- via Google