Workers injured at their workplace are entitled to disability benefits under the Missouri workers compensation system.
Permanent partial disability means that the worker’s injury affects his ability to do certain work or jobs but he/she is still able to work in some capacity. On the other hand, permanent total disability means that the worker is no longer able to perform any work. In a case where a work related injury has caused permanent total disability, the worker may be entitled to lifelong weekly payments from the employer, or he/she may negotiate a lump sum settlement instead of a weekly payment for life. In a case where the work related injury, combined with any preexisting condition or disability causes permanent total disability, then the worker may be eligible for only permanent partial disability, and to receive permanent total disability the worker may have to file a claim against Second Injury Fund.
Disability Benefit Payments
Disability benefits are paid if the worker is not able to work for 14 days or more. The first three working days of disability are not paid unless the worker is unable to work for more than 14 days. The medical bills and disability payments are paid by the insurance company of the employer. It is important for all workers to know that the workers compensation benefits that they receive are tax free.
Temporary Partial Disability
These are weekly payments equivalent to 66 2/3% of the difference between the worker’s weekly wages prior to the injury and the amount that the worker will be able to earn during the disability period. The payment is subject to a maximum TTD rate.
Temporary Total Disability
The injured worker is entitled to TTD benefits up to 66 2/3% of the average weekly wage subject to a maximum amount set by state law.
Permanent Partial Disability
The permanent partial disability benefits are calculated at 66 2/3 % of the injured worker’s weekly wage at the time of injury, subject to a maximum amount set by state law. The worker who suffers a permanent partial disability may receive a lump sum settlement based on the extent of the disability.
Permanent Total Disability
In a case where the worker becomes permanently or totally disabled as a result of a workplace injury, he/she may receive lifelong weekly payments. The injured worker may also negotiate a lump sum settlement with the employer or insurance company. The weekly payments for permanent total disability benefits are calculated as 66 2/3% of the average weekly wages at the time of injury subject to a maximum limit set by state law. The maximum limit for permanent total disability is much higher than that of permanent partial disability.
Contact a Workers’ Compensation Lawyer
If you have been disabled as a result of a workplace injury, you can claim disability benefits under the Missouri workers compensation system. If you face any problems in getting the disability benefits you deserve, contact the Law Office of James M. Hoffmann today.