Getting injured or developing an occupational disease while performing work-related duties makes you eligible for workers compensation. Paid by your employer's insurer, the benefits cover doctors' fees and other medical treatment costs, temporary wage replacement for lost earnings, and permanent disability or impairment. Workers compensation laws vary by state, so here's a guide to who qualifies and how coverage is calculated in Missouri.
How Do You Qualify for Workers Compensation?
In Missouri, a business with at least five employees (and construction-related companies with one or more employees) must carry workers compensation insurance. To be eligible, you must report the accident in writing to your employer within 30 days of when it occurred. This formal notice must include your name, the type of injury sustained, and the date and location where the accident happened.
You must also seek medical attention from your own doctor or the physician your employer chooses. The doctor's assessment of your injuries will be included with the claim paperwork. Your boss has five days after you notify them to report the injury to the company's insurer and 30 days to file a Form WC-1-EDI with the Missouri Division of Workers Compensation.
How Is Compensation Calculated in Missouri?
First, the Missouri Division of Workers Compensation calculates your average weekly wage to determine the benefit amount. The sum of all gross wages you earned for the 13 weeks leading up to the injury is divided by 13 to determine the average weekly wage. The compensation rate is two-thirds of this number.
You're also entitled to temporary total disability benefits (or the money received for loss of income while recovering) when you can't work for more than three consecutive days, or your condition hasn't reached maximum improvement. These benefits are calculated at 66 2/3% of the average weekly wage.
Permanent partial disability benefits are paid after you recover and are left with a lasting impairment. Your compensation amount is multiplied by which body part is impaired and the percentage you are disabled. The benefits might be paid in a lump sum instead of installments.
For help navigating the workers compensation process, contact the injury attorneys at Privette Law Office in Willow Springs. The lawyers have been helping injured workers in southern Missouri receive benefits to aid their recovery since 2018. Read client testimonials online and call (417) 469-3535 for an appointment.
This article is not intended to provide legal advice.