An employee who sustains a work-related injury resulting in a lost limb may be facing extreme physical and financial challenges.
The workers’ compensation system uses a pre-determined method in calculating the compensation to be given to the injured employee for a specified period of time. These types of workers’ compensation claims are complex and they require a St. Louis worker’s compensation attorney to help you receive the proper compensation.
Workers’ Compensation Injury Schedule
A schedule is utilized in many workers’ compensation laws whenever a work-related accident results in permanent disability to a part of the body of an employee. These schedules normally set a specific period of time for an employee to receive benefits based on the body part that was injured. The length of time for which the benefits are given is determined by the extent of the injury and the amount an employee is eligible to receive every week.
Federal Employee Compensation Schedule
Federal workers receive benefits through the Federal Employee Compensation Act or FECA. The schedule of FECA is classified according to around twenty body parts and the number of weeks each body part is eligible for compensation.
- A lost arm entitles the employee to 312 weeks of compensation.
- A lost leg entitles the employee to 288 weeks of compensation.
- A lost hand entitles the employee to 244 weeks of compensation.
- A lost foot entitles the employee to 205 weeks of compensation.
- A lost thumb entitles the employee to 75 weeks of compensation.
- A lost first finger entitles the employee to 46 weeks of compensation.
The federal schedule gives injured employees 66 2/3 percent of their monthly wage or salary. The permanent disability of an employee, who loses the ability to use their limbs or digits, is considered 100 percent. The disability may be due to amputation of the limbs or digits, or their becoming completely non-functional. Injuries that are not considered 100 percent entitle the employee to a certain percentage of the loss.
Missouri Workers’ Compensation Schedule
- 232 weeks for a lost arm from the shoulder.
- 222 weeks for a lost arm between the elbow and shoulder
- 210 weeks for a lost arm along the elbow joint.
- 155 weeks for a lost leg or below the knee and above the ankle.
- 180 weeks for total deafness of both ears.
- 49 weeks for total deafness of one ear.
- 140 weeks for total blindness of one eye.
How the Percentage of Compensation is Determined
Generally, the treating doctor of the employee determines the loss or loss of use of any limb or body part when permanent status is reached. This is the point where no more recovery is possible. Once permanent disability is ascertained, the doctor determines the rating or percentage.
After this is established, the doctor of the employer or insurance company evaluates the case and determines whether the findings are accurate. According to Missouri workers’ compensation attorneys, at this stage, many complexities may arise. Doctors frequently disagree on the extent of loss of function of a body part. The whole process of filing a claim based on a scheduled loss is complex, which makes it necessary to consult a Missouri workers’ compensation lawyer to facilitate the release of the benefits an employee is eligible to receive. Call The Law Office of James M. Hoffmann at (314) 361-4300 for more information.