Workers Compensation

Facts about Missouri Workers' Compensation:

 

1. Fault - One is entitled to workers' compensation benefits even if his or her employer was not at fault or did not cause the injury, as long the injury is job related. Thus, if the injury is your own fault you would still be entitled to workers' compensation.

 

2. Medical Treatment - The employer's workers' compensation insurance is required to provide all necessary medical treatment to treat your injury. Thus, one is not required to pay any co pay or deductibles.

 

3. Weekly Disability Payments - The employer's insurance company is required to pay you weekly benefits while you are unable to work because of the work related injury. You will not be paid for the first three regularly
scheduled work days you are off, but you should be paid for the days missed after. However, you will be paid for the first three days missed, if you are off more than two weeks. You should not be required to use your vacation pay or sick leave. The amount you received is 2/3 of the gross average weekly rate of your income.

 

4. Second Injury Fund Claim - If you have sustained permanent total disability and you had a previous disability, the Second Injury Fund may be liable to you. The purpose of the Second Injury Fund is to
encourage employers to hire and retain employees who have disabilities. The Second Injury Fund's liability can be substantial depending on the case, and date of injury.  

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5. Social Security offset - If an injury is disabling for a period of 12 months or longer then one might qualify for social security disability benefits. In this case, there would be an offset that needs to be accounted for.

 

6. Disability Rating - One is usually given a disability rating by the company doctor once released. This rating is often lower than it should be. Anyone would be able to guess at the reasons for this. However, it is important to note that one does not have to accept such rating. 

 

7. Travel - Injuries related to on the job travel are usually covered.

 

8. Time limit - The statute of limitations for filing a workers' compensation claim is two years from the date of injury. Thus, if the claim is not timely filed then your right to relief is lost.

 

9. Retaliatory firing - There are severe consequences for an employer who terminates an employee for filing a workers' compensation claim. These laws protect the employee against the wrongful conduct of the employer.