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WORKER'S
COMPENSATION

Workers'
Compensation law
in Missouri provides three types of benefits for a person who is
injured while performing work-related duties.
First the employee
is entitled to receive medical treatment for the work-related injury
and does not have to pay for that treatment. The employer or insurer
makes payment. But remember that the employer has the right by law
to select the physician. So if you seek treatment that has not been
authorized, you may have to pay for that treatment yourself.
Second Temporary
total disability (TTD) is compensation for the time the doctor
says you are unable to work because of the injury. You will not
receive TTD benefits for the first three regularly scheduled workdays
you are off unless you are off longer than 14 calendar days. Those
benefits are calculated at two-thirds of your average weekly wage
not to exceed a maximum rate set by the legislature. Your average
weekly wage is determined according to how your wages are fixed,
whether by the week, by the month, by the year or by some other
method, such as amount of sales. Temporary total disability benefits
cease when the doctor says you are able to return to work. Although
those wages are only two-thirds of your average wage, it is important
to remember they are tax-free.
Compensation for a permanent disability.
Third once a doctor has done all he or she feels can be done medically
to help you, and you are not as physically able as you were before
the injury, then you have a disability. And if there isn't anything
else the doctor can do to make you any better, your disability will
be "permanent," meaning you will suffer the effect of
the injury from that point on. That disability will either be "total"
meaning you are unable to perform any work, or "partial"
which means you are able to work but there are limitations or restrictions
as to what you are able to do. If you are determined to be permanently
and totally disabled, your benefits will continue for the rest of
your life.
If your disability is a permanent partial
disability (PPD), the legislature has established a formula
to convert that disability into a dollar amount. The maximum weekly
wage amount for a permanent partial disability is less than the
maximum for the temporary total disability because the disability
is partial instead of total. Compensation is for the disability
only. The law does not provide compensation for pain and suffering.
If
you've been injured on the job and would like to file a claim for
compensation, please do not hesitate to contact
us.
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