temporary disability

Temporary Work Injuries – What Are They and Do They Qualify for Workers Comp?

June 21, 2019 By James Hoffmann Leave a Comment

Temporary injuries are injuries that do not leave permanent damage and from which you can recover completely in a relatively short period of time.

Sometimes, work injuries are inevitable. No matter how careful you are or the precautions you are taking, it can still happen. And, when it does, it’s comforting to know that you will be taken care of. Companies in Missouri must carry workers compensation insurance to offer employees that get hurt on the job, the funds they need to pay for medical treatment and account for the lost wages.

Is a temporary work injury enough to get you qualified for workers compensation. The short answer is yes, and if your employer denied you this right, then you should get in touch with a St. Louis workers’ compensation attorney immediately.

What Are Temporary Injuries?

In the laws terms, injuries are classified according to their seriousness, which is rationalized by a series of factors like the number of hospitalization days, length of treatment needed for recovery, number of working days lost because of the injury, and so on.

Temporary injuries are injuries that do not leave permanent damage and from which you can recover completely in a relatively short period of time. These types of injuries may include broken bones, acute illnesses, concussions, wounds, etc. Of course, even if you will eventually recover from the injury, it doesn’t mean they won’t impact your working capabilities and quality of life. That’s why you are entitled to compensation if they happened while you were exerting your work duties.

What Temporary Injuries Qualify You for Workers Compensation?

When it comes to workers comp, these are the terms to be used when talking about temporary injuries: TTD (temporary total disability) and TPD (Temporary partial disability.) These define the amount of work or salary you lose because of restricted functionality from your injuries. The amount you can get for them will never match your previous pay, but it will be calculated according to it.

Your doctor will decide where you are fitting in under this classification. If you do not agree with the initial diagnosis, you are entitled to a second opinion.

If You Have Suffered a Temporary Injury

If you suffered temporary injuries at the workplace and you are unsure whether you will meet the necessary conditions to get compensated or not, get in touch with an experienced St. Louis workers compensation attorney. Make sure to also gather as much evidence as you can to base your claim on. That’s how you maximize your chances of getting your claim approved.

At the Law Office of James M. Hoffmann, our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need. When we take on your case you can be sure that everything will be done to protect your rights and get you the compensation you and your family need to recover and move forward. Call us today at (314) 361-4300.

Your Doctor Says Your Ready to Go Back to Work but You Disagree

March 29, 2018 By James Hoffmann 1 Comment

If you don’t feel as if you are ready to return to work, you are entitled to seek the diagnosis of another specialist.

Workers’ compensation is insurance coverage that is taken out by an employer to ensure that they have the means to pay for an employee’s injuries if they are hurt while on the job, and it is required by Missouri law.

However, workers’ compensation isn’t like personal injury. If you collect workers compensation, then you are only entitled to specific things like economic damages in the form of medical bills and lost wages from work. You can collect benefits such as temporary disability and in extreme cases you can collect permanent disability. If you can no longer work in the same capacity you did before you were injured, there are instances where workers’ compensation will cover job retraining so that you can find employment in another field.

What You are Entitled To

While you are on temporary disability you only receive a portion of your salary, and you have to make sure to attend all physician appointments and follow through with any treatment plan like physical or occupational therapy. If you refuse to go to appointments, don’t show up for therapy, or don’t follow the doctor’s orders, your workers’ compensation benefits may be denied. When you are out on temporary disability, the intention is that you are working on healing and getting back to work.

What if You Don’t Feel You’re Ready to Return?

When your physician believes that you are well enough to return to your job, even if it requires modification, they will recommend that you go back to work and your temporary disability will end. But what if you don’t feel as if you are ready to return or feel as if you aren’t well enough to go back to your previous position? There may be instances when the medical professional who is in charge of providing the insurance company documentation believes that you are ready to go back, but you don’t agree.

If you are having a disagreement with your physician about whether or not you are ready to return, you do have the right to see another doctor and get a second opinion. Just like an insurance company can ask for an Independent Medical Examination, you are entitled to seek the diagnosis of another specialist. Be aware, however, that if you do, you will have to pay for the visit, and even if the other doctor sides with you, it might still be the case that workers’ compensation doesn’t agree with the new opinion.

St. Louis Workmens Comp Lawyer

In Missouri, if workers’ compensation does deny you coverage and demand that you return to work, then you either have to return to work and ask for modifications, or you have to try to appeal the decision. If you appeal, then you will want to have the help of an experienced St. Louis workers’ compensation attorney on your side to plead your case and to stop you from having to return to work too soon.

Contact the St. Louis Work Accident Lawyers

At the Law Office of James M. Hoffmann, our St. Louis Work Accident Lawyers have a strong history of helping injured workers get the medical attention and financial compensation that they need. Based in St. Louis, and handling workers compensation cases throughout the State of Missouri, we will ensure that your rights are protected. Please call (314) 361-4300 or fill out our Online Case Evaluation Form.

The Difference Between Permanent and Temporary Disability?

March 9, 2018 By James Hoffmann Leave a Comment

If you are injured at work, it is important to know which category of disability you fall under.

When someone becomes disabled, there are financial safety nets that can help them. Disability benefits are available through various sources, one of which is workers’ compensation. Workers compensation is insurance that a company or employer must have to conduct business in the state of Missouri. It is designed to ensure that an employer has the means to pay for someone’s injuries regardless of whether they are short or long-term.

Disability benefits are available through the workers’ compensation system on either a permanent or temporary basis. If you are injured, it is important to know which category you fall under, and what it means for both the here and now and your economic future.

If you are injured while on the job and performing under the scope and the authority of your employer, then you are entitled to collect workers’ compensation, which offers both permanent and temporary disability benefits. It’s not based on fault, so even if an employee is responsible for their own injuries, workers’ compensation benefits are available.

What are temporary disability benefits?

When you collect temporary disability benefits through workers’ compensation, it is coverage that is meant to temporarily aid you until you can return to your job in the same – or even a modified – capacity. Temporary disability pays for your medical costs. It also pays for any earnings that you miss while you are out of work and unable to collect a paycheck. Typically, workers’ compensation temporary disability benefits are only available for 52 weeks past the injury date.

When a doctor believes that you have recovered enough to return to work, then your benefits will end and you will have to return to your job either at full or partial capacity. If you cannot perform your former job duties, your employer is required to find a way to compensate by modifying your position to accommodate you.

What are permanent disability benefits?

There is a difference between “total” disability benefits and “partial” disability benefits that fall under the permanent disability umbrella. If you claim permanent total disability, then you are entitled to two-thirds of what you earned before you were injured on a weekly basis. Permanent disability benefits are only granted to those workers whose injuries or illnesses are so severe that it is impossible for them to return to work. PTD (permanent total disability) benefits are paid for as long as the person is deemed permanently disabled and unable to return to work.

Permanent partial disability (PPD) is when you are only partially disabled from working. You are eligible to receive two-thirds of your weekly salary when you collect PPD. The amount that you receive is based on whether your disability is based on an unscheduled or scheduled loss basis.

What are the benefits of workers compensation?

If you are severely injured at work and not able to return, either for a specified amount of time or permanently, workers’ compensation is a safety net that ensures that you are never left without the means to live a productive and secure life. If you are having a hard time with your workers’ compensation coverage in Missouri, contact a St. Louis workers’ compensation attorney to get your claim approved.

If you have sustained a work injury that has resulted in a permanent partial disability, talk to a St. Louis work injury lawyer. Call the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online contact form to request a free case evaluation.