Missouri Workers' Compensation
Workers' Compensation Benefits
Missouri Workers' Compensation law provides for three types of benefits for an employee injured while performing his/her job or work related duties:
- Medical Treatment
- Temporary Total Disability (TTD)
- Permanent Disability (either Total or Partial)
Medical Treatment
Any employee injured while performing work-related duties is entitled to receive medical treatment for that injury and does not need to pay for the medical treatment. Payment is made by either the employer or insurer of the employer. However, since the employer is paying for the treatment, the employer, by law, has the right to select the physician. If an employee seeks treatment that has not been authorized, the employee may have to pay for that treatment.
Temporary Total Disability (TTD)
Temporary Total Disability is compensation for the time a doctor says an employee is unable to work due to a work-related injury. Temporary Total Disability cases cease when a doctor says an employee is able to return to work. Compensation under Workers' Compensation is calculated using 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 week, month, year or other method (usually the case of sales people). While the wages are only two-thirds your average wage, all compensation under Workers' Compensation is tax-free.
Permanent Disability (Total and Partial)
Permanent Disability occurs when a doctor has done everything possible to treat the injury but the employee is not able to function at the same level prior to the injury. Permanent Disability can be either "total", meaning the employee is unable to perform any work, or "partial", meaning the employee can return to work but with limitations or restrictions.
Total permanent disability will result in the employee receiving benefits for the rest of his/her life. Permanent partial disability (PPD) will result in compensation determined by legislature, which has established a formula to convert that disability into a dollar amount.
The law does not provide for any compensation related to pain and suffering. This is a complex and confusing area of law for the average person. An experienced Missouri Workers' Compensation lawyer can help you work through this complex area of law and ensure you receive all the benefits you are entitled to receive.
Contact us online or call 314-621-0622 for a FREE Consultation and learn how the law applies to your specific situation. Our unique combination of experience and education can make a difference.
The St. Louis lawyers at Millikan & Millikan, LLC provide DWI Defense, Criminal Defense, Injury and Workers Compensation representation to individuals in the greater St. Louis Area, including: St. Louis City, St. Louis County, St. Charles County, Madison County and St. Clair County.
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