Q: Do I get a settlement (i.e. money) because of my work injury?
A: Yes, under most circumstances, you are entitled to a settlement (money) for your work injury.
Missouri law states that if you have sustained a permanent injury to your body, you are entitled to a settlement (money) from the insurance company. This is a lump sum of money that is paid to you after your injury has been treated and after you have recovered to the fullest medical extent possible. The permanent partial disability benefit, often called PPD, is paid to compensate you for the permanent residual effect of your injury.
Q: What if my employer or the insurance company refuses to send me to the doctor or ignores my injury?
What if my employer or the insurance company refuses to send me to the doctor or ignores my injury?
Answer: It is very important that you contact our office so that we can take the necessary steps to protect your case and help you obtain medical treatment through work comp before you incur medical expenses you may have to pay yourself.
Q: How long do I receive pay for missing work?
A: You should receive your work comp check until one of two things happen:
(1) the doctor releases you to go back to work; or
(2) your employer decides they can accommodate your work restrictions and provide light duty.
Important Tip: It is important that you give your employer a copy of your doctor’s notes or work restrictions each time you go to the doctor so your employer is aware of your medical restrictions.
Q: How much pay do I receive while I am off work?
A: You get 2/3 (or 66 2/3%) of your average weekly wage up to certain limits.
Missouri law does not require your employer to pay your entire wage while off work, only 2/3 (66 2/3%) of your average weekly wage. Your average weekly wage is computed based on your gross wages (before taxes and other deductions). So, for example, if you earn $400 dollars per week, your work comp check should be $266.67 (66.7% of 400).
Q: If I am off work due to my injury, do I get paid?
A: Yes
You will receive pay for your time off from work if you are unable to work due to your injuries or if the doctor assigns medical restrictions due to your injury and your employer is unable to accommodate the restrictions. If you are off work because of a work-related injury, you
are eligible to receive temporary total disability (TTD) benefits to replace your lost wages. You are eligible if you have missed more than three regularly scheduled workdays. If you miss more than two weeks, these first three days, referred to as the waiting period, are paid to you.
Important Tip: Once your doctor gives you medical restrictions, you must give those medical restrictions to your employer or supervisor immediately. Your employer will then decide whether they can provide you with “light” duty or an accommodating position. If your employer
cannot provide an accommodated-work position or “light” duty, then you will get paid by work comp.
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The Hein Law Firm is a St. Louis Missouri law firm specializing in serious personal injuries, workers' compensation and immigration.
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