Five Basics You Need to Know About Workers’ Compensation
1. The Most Common Categories of Recovery under Workers’ Compensation
- Medical Treatment: You will need medical treatment to recover from an injury sustained while performing within the scope of your job.
- Temporary Total Disability: This is similar to lost wages because it is based upon your inability to work as a result of your injury. It allows you to get a portion back for the time that you are unable to work.
- Temporary Partial Disability: Although this is related to lost wages, it is based on your “partial inability” to work. This category allows you to receive a portion of your wages in return for your diminished ability to work.
- Permanent Total Disability: You are permanently disabled if you cannot return to any type of work. This category is often a contentious issue. Permanent total disability means that you will be entitled to workers’ compensation benefits until your death or you become completely disabled.
- Permanent Partial Disability: Even if you receive your medical treatment and have reached maximum medical improvement, it is possible that you will not be completely healed from your injury. Although you can return to work and are not considered “totally disabled,” you might have difficulty performing certain tasks or may be unable to do so due to pain, limitation, injury, mental illness, or another condition that renders you incapacitated. You are entitled to compensation for your permanent partial disability and any temporary total disability (i.e., lost wages) if this is the case.
- Disfigurement: You may be eligible for additional compensation if you are permanently and seriously disfigured on your head, neck, hands, or arms. This category is in addition to medical treatment and disability recovery.
2. What amount can you get back from your injury?
Your potential recovery depends on the injury to your body, the severity of the injury, when it occurred, and your average pay rate.
3. Workers’ Compensation is a No-Fault System.
You have the right to file a claim with your employer if you are hurt while performing your job. It doesn’t matter whether you or your employer is at fault.
4. Your employer cannot take adverse action against you.
In response to you filing a workers’ compensation claim, your employer can not take any adverse action against you.
5. In Workers’ Compensation, you do not have the right to a trial by jury.
Missouri’s Workers’ Compensation is administered by a Missouri administrative agency (Missouri’s Department of Labor-Workers’ Compensation Division). Your workers’ compensation case will either be settled through an agreement between you and the workers’ compensation insurance company OR presented to an administrative law judge (ALJ). You do not have the right to a trial before a jury under Missouri’s Workers’ Compensation system.
How Does Temporary Disability Benefits Work
Missouri law requires almost all employers to have workers’ compensation insurance. These policies will cover your medical bills for the duration of your injury. Temporary total disability benefits are also available to employees who miss more than three consecutive days of work. Temporary total disability workers receive a weekly check until they are able to return to work. The check is usually approximately two-thirds of an employee’s average weekly wage, but there are caps. The employee will have the option of either a permanent partial or total disability settlement once they have completed their medical treatment. The settlement depends on the extent and nature of any permanent disability that has occurred.
What if my insurance denies me a claim or doesn’t fully compensate me?
Your employer typically should have workers’ compensation insurance. However, the insurance companies that offer workers’ compensation insurance are not required by law to accept your claim. Many people who have sustained legitimate injuries have had claims denied. Even if you have a valid claim, it is not guaranteed that the insurance company will voluntarily pay you the compensation you deserve.
Jason D. Smith, Springfield, MO attorney, will take your case to trial if your employer’s insurer denies your claim or refuses medical care or a settlement. He can help you get the coverage, care, and compensation that you deserve.
For a free consultation regarding workers’ compensation, call our office today!
Jason D. Smith is here to help you if you’ve been hurt at work or lost a loved one due to an accident at work. To schedule your complimentary initial meeting with Jason D. Smith, please contact our office.
