Workers' Compensation: How Benefits Are Calculated and What to Expect

In Missouri, workers' compensation is a crucial support system for employees who suffer work-related injuries or illnesses. Understanding how benefits are calculated and what to expect can help ease the anxiety and uncertainty that often accompanies such situations. Learn more about how workers' compensation is calculated in Missouri and what beneficiaries can anticipate.

Understanding Workers' Compensation in Missouri

Workers' compensation is designed to provide financial support to employees injured or made ill due to their job. Missouri law mandates that most employers carry workers' compensation insurance, ensuring that employees receive the necessary benefits without having to prove fault or negligence. This system aims to cover medical expenses, lost wages, and rehabilitation costs.

How Is Workers' Compensation Calculated in Missouri?

The calculation of workers' compensation benefits in Missouri involves several factors, primarily focusing on the injured worker's average weekly wage (AWW) and the nature and extent of the injury. Here's a breakdown of the key components:

Average Weekly Wage (AWW)

• Definition: The AWW is the employee's earnings averaged over a specific period, typically the 13 weeks prior to the injury.
• Calculation: The total earnings during this period are divided by the number of weeks worked. Overtime, bonuses, and other compensation may be included.

Temporary Total Disability (TTD) Benefits

• When Applicable: TTD benefits are provided when an injured worker is completely unable to work temporarily.
• Amount: In Missouri, TTD benefits are calculated as two-thirds of the AWW, subject to minimum and maximum limits set by the Missouri Division of Workers' Compensation.

Temporary Partial Disability (TPD) Benefits

• When Applicable: TPD benefits apply when an injured worker can perform some work but earns less than before the injury.
• Amount: TPD benefits are calculated as two-thirds of the difference between the pre-injury AWW and the post-injury earnings.

Permanent Partial Disability (PPD) Benefits

• When Applicable: PPD benefits are for workers who suffer a permanent injury but can still work in some capacity.
• Amount: The calculation involves a percentage of disability assigned by a physician, the body part injured, and the state's compensation rate.

Permanent Total Disability (PTD) Benefits

• When Applicable: PTD benefits are for workers who are permanently and totally unable to work.
• Amount: If you are determined to be entitled to PTD benefits, you will be paid at the same rate as your TTD for the rest of your life.

What to Expect from the Workers' Compensation Process

Filing a Claim

In Missouri, workers have 2 years to file a workers' compensation claim, starting from the date of the work-related injury or its discovery. Employees are also required to report their injuries to their employer within 30 days of the incident or when the injuries were identified.

Receiving Benefits

Each Missouri workers' compensation case is unique, so the timeline from filing a claim to reaching a settlement can vary. While some cases may be resolved in as little as six months, it's common for the process to take a year or more.

Returning to Work

Once the workers' compensation doctor has declared you at maximum medical improvement, you can request an Independent Medical Examination (IME). During this time, your employer may attempt to terminate your benefits, but if the IME supports that you cannot return to your previous job, you may retain your workers' compensation benefits.

Vocational Rehabilitation

Employers in Missouri are not obligated to provide vocational rehabilitation services to injured workers. Therefore, you should first check if your workers' compensation insurance includes this benefit. If it does, you should consider utilizing it if your injuries prevent you from returning to your previous job.

Contact The Attorneys At Harper, Evans, Hilbrenner, and Netemeyer

Navigating the complexities of workers' compensation can be challenging, especially when dealing with an injury or illness. At Harper, Evans, Hilbrenner, and Netemeyer, we are dedicated to helping you understand how workers' compensation is calculated in Missouri and ensuring you receive the benefits you deserve. If you or a loved one has been injured at work, contact us today to schedule a consultation. Our experienced attorneys are here to provide the support and guidance you need during this difficult time.