What Rights Does a Worker Hurt at Work Have Under the Missouri Workers’ Compensation Law?
Under the Missouri Workers’ Compensation Law, the worker who has been injured on the job has the right to receive the following 4 benefits:

1. Payment for Reasonable and Necessary Medical Treatment
(i.e., you get your Medical Bills Paid Because of a Work Injury)
As an injured worker, you are entitled to receive medical treatment paid for by your employer or the employer’s insurance company for your injuries.  To the extent reasonably required, your employer must provide medical services but does have the ability to determine who provides such medical treatment.  This makes sense to a certain degree: if your employer is paying the bill, your employer thus also has the ability to determine the appropriate medical provider, so long as it is reasonable.

2. Payment for Salary Lost as a Result of the Injury
(i.e., Lost Wages Because of a Work Injury)
For time off of work for an injury, you as an injured employee are able to receive Temporary Total Disability (TTD) payments for such time that you are not able to work.  The weekly amount payable is typically based on your average weekly wage for the 13 weeks leading up to the day you were hurt.  This amount is typically 2/3 of the your average weekly wage over those 13 weeks leading up to the injury, up to the statutory weekly limit. These disability payments for lost wages are not taxable.  The idea is that you get more or less what you would have gotten after taxes.  

3. Payment in the Form of  a Lump Sum at the End of a case for Permanent Disability or Permanency of the Injury
(i.e., Permanent Partial and Permanent Total Disability Benefits
There are a number of benefits to which you are entitled as an injured worker under to Missouri Workers’ Compensation law.  The benefit that your lawyer is most usually employed to obtain is called permanent partial disability payments (PPD).  PPD benefits are obtained after the doctor provided by the employer completes treatment of the injured worker.  Following most work-related injuries, the injured worker is rated as having a particular level of permanent disability from a particular injury.  Many injured workers are not aware after completing medical treatment that they are entitled to an additional payment for an amount of disability related to an injury.  A cut or minor back injury will still likely produce some amount of disability payment that the employee is entitled to receive.  The amount of PPD payment that you as an injured worker are entitled to receive is best valued and determined by knowledgeable legal counsel who has practiced in Workers’ Compensation law for many years and has knowledge as to the value of such claims.  Often, our Firm sends clients to doctors we know for independent medical evaluations (IME) to determine the level of disability that is fair and appropriate for a work-related injury.  Our firm has been recognized for its ability to maximize the amount of payment that an employee receives for a work injury.    
Permanent Total Disability benefits are available to employee who because of a work injury are determined to be unable to work any longer on the open labor market.  Weekly benefits are available for the remainder of the life of an employee who is no longer able to work because of such an injury. Permanent Total Disability benefits may be obtain from you last employer or from the Second Injury Fund if it is determined that your last work injury combined with previous injuries resulted in the condition of permanent disability.  

4. Additional Payment for Permanent Disfigurement.
Thankfully, most injuries do not result in scarring.  However, if you end up with any type of scar, burn, stitches, skin discoloration or other disfigurement on your head, face, neck, arms and hands, you will be entitled to an additional lump sum payment for that disfigurement and scarring, up to the limit set by the Law.

No Recovery, No Fee
The Hein Law Firm accepts injury cases on a contingency basis. This means you only pay attorney's fees if we get you compensation. For a free consultation with a lawyer, call us at (314) 645-7900, or contact us online.

A: It is illegal for your employer to fire you solely because you filed a workers’ comp claim. This does not mean your employer cannot fire you due to some other reason after you have been injured. However, if you have been fired and you believe it is because of your work injury, please contact our office.

A: Generally, under the Missouri Workers’ Compensation Law, an employee must file a Claim for Compensation with the Division of Workers’ Compensation, within two years from the date of injury or last payment made on account of the injury by the employer or its workers’ compensation insurance carrier. In some situations, this period may be extended to three years if the employer/insurer does not timely file the First Report of Injury.

Important Tip: If you are unsure about whether you have missed the deadline to file, don’t assume you are too late, contact our office.

A: Your settlement should come some time after you have finished medical treatment and have been released to return to work by the doctor.

If you have questions about whether you are entitled to a settlement, please contact our office.