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How Often Should I Get a Check for My Workers Comp Benefits?

June 18, 2019 By James Hoffmann Leave a Comment

If the insurance company is delaying the payment, then you should contact your St. Louis workers compensation lawyer as soon as possible.

Picture this: you injured your leg while performing work duties and the doctor recommended that you take some time off work to recover. You filed a claim with the help of a St. Louis work injury lawyer and it got approved. Now you may wonder, how often should I get my check and how much will I receive?

What Does the Law Say?

According to the Workers Compensation Act, you should receive your benefits at the same frequency as your normal wage. So, if your employer used to pay you weekly, then you should receive the benefits weekly too.

What If the Payments Are Late

Insurance companies are required by law to pay benefits to workers who’ve filed for compensation and got their claims approved. However, delays can still happen.

If the insurance company is delaying the payment, then you should contact your St. Louis workers compensation lawyer as soon as possible. The insurance adjuster will probably try to come up with an excuse for dragging their feet, but the reality is that they are breaking the law. Your lawyer can file a penalty petition, prompting the insurance company to speed up the process and award you the benefits you are entitled to.

Keep in mind that if you are working and receiving partial workers compensation benefits at the same time, then you should keep your pay stubs. The insurance company will postpone making any payments until it has all your wage information, so that may be a reason for the delay. A lawyer can help you figure out the problem and get those checks through the mail as soon as possible.

How Much Should I Expect to Get?

It’s difficult to give a straight answer to this question as the value of your workers’ compensation claim will depend on various factors, such as the nature and severity of your injury.

Temporary Total Disability: If you can’t perform any work duties until you recover from your injury, then you will receive Temporary Total Disability (TTD) benefits. You will get ⅔ from your gross wage, but no less than $40 and no more than $911.27 weekly.

Temporary Partial Disability: If you can work, but not at the same capacity, then you are entitled to Temporary Partial Disability (TPD.) You will get ⅔ of the difference between your weekly wage before the injury and after the injury.

Permanent Total Disability: If you can no longer work after your injury, then you are entitled to Permanent Total Disability (PTD) benefits, which are ⅔ of your regular weekly wage. PTDs can be paid for your entire lifetime or for as long as you are totally disabled.

Contact a St. Louis Work Injury Lawyer

If you have been injured at work and have any questions concerning your case, call the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online contact form. When we take your case, we make recovering benefits for you our priority, and we put decades of experience, a proven record of success and a client-focused approach behind your workers’ compensation case.

At the Law Office of James M. Hoffmann, our attorneys will work with you, regardless of where you are in the process. Attorney James M. Hoffmann has spent a majority of his more than 25-year legal career dedicated to protecting the rights of injured workers.

How to Get the Best Workers Compensation Settlement

August 15, 2017 By James Hoffmann Leave a Comment

Our legal team has a strong history of helping injured workers get the financial compensation that they need.

There is a some amount of risk involved in any type of job. Almost all workers are prone to getting hurt while at work, especially those involved in custodial and construction work. Accidents that occur while operating machinery or using toxic substances are also quite common.

Workers who get hurt in such accidents have a right to claim workers’ compensation from their employer. Workers’ comp covers the medical costs, the loss of income and other damages. It is possible to take the reimbursement in small installments paid on a weekly basis or as a lump sum. But there may be some limitations in the lump sum settlements.

Fixed Nature of the Settlement

Once the settlement offer is accepted it cannot be changed. It is not possible to ask for any additional benefits later. If the lump sum payment is accepted, the weekly workers’ compensation benefits will not be given. You can accept the settlement offer only when a judge gives his approval.

Some Things to Keep in Mind Before Accepting a Settlement

The employer’s insurance company is typically going to offer a low amount amount as workers’ compensation. So before you settle, it is important to consider the following:

The costs to be incurred in the long run: It may take months or even years for your injury to heal. That means you will have to continue medication and physical therapy for a long time. You can ask a qualified St. Louis workers compensation lawyer to help you in determining the total expenses that may be incurred, and settle for a suitable amount.
Get your doctor’s opinion: The insurance company will offer an amount based on their doctor’s assessment. You can ask your doctor to examine your injuries and give you the right medical evaluation. This is so that later on, you do not have to pay the medical costs out of your pocket.
Weigh the pros and cons of the options offered: If you accept a lump sum settlement, you may feel more secure because you have enough money in your bank account and can take the required treatment. However, if you opt for the weekly payments, you may get some benefits but they can be stopped after some time. The insurer may ask you to undergo frequent check-ups and when the doctor says that you have recovered, no more payment will be made.
Is it a permanent disability: Weekly benefits can be received for many years in case of a permanent disability. You may be entitled to lifetime benefits.

St. Louis Workers Comp Attorney

If you have been injured at work, you no doubt have many questions and concerns. Trying to navigate through all of procedures may seem overwhelming. At the Law Office of James M. Hoffmann, we have helps thousands of injured Missouri workers get the best workers compensation benefits. Call us today at (314) 361-4300 or fill out our online contact form to request a free consultation.

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Should You Settle Your Work Comp Claim? – St. Louis Worker Compensation Attorney

October 24, 2016 By James Hoffmann 1 Comment

Should you settle a workers’ compensation claim to receive a lump sum payment?

If you have been injured at the workplace, you may be entitled to workers’ compensation benefits that include medical benefits and temporary or permanent disability benefits. You may wonder if you should settle your workers’ compensation claim and receive a lump sum of money upfront. Before making a decision, you should understand how settling the claim for a lump sum payment would would affect medical payments and weekly benefits. Discuss your options with a St. Louis worker compensation lawyer before you choose to settle your claim.

Weekly Benefits

Depending on state laws, you may be eligible to receive compensation for the time you were not able to work as a result of the workplace injury. This amount is a percentage of the weekly wage at the time of the injury. When you settle your workers’ compensation case, you close that part of your claim and you will no longer receive the weekly benefits.

Medical Payments

You may not be able to receive medical payments after settling your workers’ compensation claim. In the state of Missouri, workers’ compensation will not provide any additional medical payments for the injury after the claim is settled. Do not assume that your health insurance carrier will provide payments after you settle your case. They may refuse to pay for medical expenses that should ideally have been the responsibiity of the work comp insurance company.

Questions to Ask

Before you accept settlement, answer these questions:

Have you been appropriately compensated for the time you lost from work because of your injury?
Have you been appropriately compensated for traveling expenses you incurred to see doctors?
Have all your medical bills been paid? Have you paid any out-of-pocket expenses for medication or other miscellaneous expenses?
Does your injury require ongoing treatment such as medications or physical therapy?
Are you unable to work elsewhere because of your injury?
Will the settlement affect your Medicare benefits, disability benefits, or unemployment benefits?

St. Louis Worker Compensation Lawyer

After you answer these questions, you may have a fair idea about whether or not you should choose to settle your claim. Discuss your case with a St. Louis worker compensation lawyer. Call The Law Office of James M. Hoffmann at (312) 957-4166. We will assess your case and recommend the most appropriate course of action.