Who Is Covered by Workers' Compensation Laws?
Most employees in Missouri are covered by workers' compensation laws. In most instances, workers' compensation benefits can be paid for accidental injuries and occupational diseases that are caused by work activities. This includes injuries caused by a specific accident, and may also include those brought on by repetitive job duties over a period of time. Under Missouri law, a work injury is compensable only if work activity was the prevailing factor in causing in causing both the resulting medical condition and disability. An attorney can discuss these issues with you.
Can I File a Civil Lawsuit against My Employer for a Work Injury?
In general, the answer is no. Under Missouri law, if you are injured on the job your sole remedy against your employer is a workers' compensation claim filed with the Missouri Labor and Industrial Relations Commission. However, there are some exceptions. You should seek legal counsel to discuss the issue.
Are There Time Limits to Report an Injury?
Yes, so you should report any work injury to your employer immediately. The law requires that a work-related injury be reported to the employer within a specified period of time. You must notify the employer of the date and time of the accident, and provide the employer with a brief description of how the accident occurred. The failure to timely notify an employer of a work accident may prevent you from being able to pursue a workers' compensation claim.
Who Must Pay for Medical Treatment?
The employer is responsible for paying for medical treatment for work-related injuries. If you are injured at work and in the course of your employment you are entitled to receive all necessary medical care reasonably required to cure or relieve the effect of an injury. You should receive ongoing medical care until released from care by a doctor. Several issues are involved in obtaining your medical treatment, though, and you should consult with an attorney to find out more about your rights regarding medical treatment.
Can I Select My Own Doctor?
In Missouri, injured workers cannot choose their own treating doctor. You must receive treatment with a doctor selected by the employer. An attorney can answer any detailed questions you may have about your medical treatment.
Will I Be Compensated for Lost Time/Temporary Total Disability Benefits (TTD)?
If a doctor takes you off work as the result of a work injury, or if the doctor gives you job restrictions that the employer cannot accommodate, you may be able to recover compensation for your lost wages. This benefit is commonly referred to as temporary total disability, or TTD. The amount that you receive in temporary total disability benefits will be two-thirds of your average weekly wage, subject to a maximum amount set by the State of Missouri. An attorney can provide you with more information about this benefit.
What is MMI?
When you have reached maximum medical improvement, this is generally referred to as being at MMI. This occurs when you have been released from care by a doctor, or your medical treatment has reached the level that no further improvement is expected. In most instances, once you are placed at MMI all medical care will be terminated by the employer.
What is a Rating?
A rating is a percentage of disability assessed to the part of your body injured in a work accident. In general, doctors provide disability ratings. The treating doctor will likely provide the employer with a disability rating once you have been placed at maximum medical improvement. You can see a doctor that you select to obtain your own rating, but the employer will not pay for you to obtain a rating from a doctor selected by you. An attorney can discuss this in further detail with you.
Am I Entitled to a Settlement if I Return to My Job?
If you have a permanent disability as the result of a work injury, but are able to return to work, you should be entitled to recover an amount of money for your permanent partial disability, commonly referred to as PPD. In most instances, this money will be paid to you in a lump sum. In some situations, though, the money may be paid to you over a period of time. The amount of money you will receive for permanent disability to a specific part of your body is dependant on various factors: (1) the part of the body injured; (2) the percentage of disability to the part of the body that was injured; and (3) the permanent partial disability rate. The PPD rate is two-thirds of your average weekly wage, subject to a maximum amount set by the State of Missouri. You may also be entitled to recover an amount for disfigurement, if you have any permanent scars or disfigurement as the result of your work injury.
What if I am Physically Unable to Work as the Result of My Work Injury?
You may be entitled to permanent total disability benefits if your work injury renders you physically unable to return to any type of employment. If you are permanently and totally disabled, you should be entitled to a weekly benefit equal to two-thirds of your pre-injury average weekly wage, subject to maximum limit set by the State of Missouri. If you are physically unable to return to your pre-injury job, but are still capable of working at some other type of employment, you likely will not be entitled to permanent total disability benefits.
Determining the benefits you may be entitled to receive if you cannot return to your pre-injury job can be complicated. An attorney can answer questions you may have about the possible benefits.
Will I Loose My Job if I file a Workers' Compensation Claim?
Missouri law prohibits an employer from firing you solely because you filed a workers' compensation claim. If you are terminated after being injured on the job, and believe the employer fired you for reporting a work injury, you may have the right to file a separate civil lawsuit in state court against the employer. Your employer should not fire, suspend, or discipline you solely for making a workers' compensation claim. You should consult with an attorney if you have been fired after filing a workers' compensation claim.
