How Workplace Accident Settlements Are Calculated in Missouri

Injured workers in Missouri are entitled to file a workers' compensation claim against their employer or insurance company seeking benefits.

The law is designed to cover any expenses or losses the employee may suffer as a result of a work-related injury.

However, it is common for an injured employee to not seek workers' comp benefits because they think the injury is their fault or that it is too insignificant to warrant a claim.

In some cases, injured workers may also fear retribution from their employers should they seek to be compensated for their injury.

Powell Law Firm is here to fight for the rights of injured workers and insure they get the most out of their workers' compensation claim. Victims in need of an experienced workers' compensation attorney can call to set up free consultation. They can also advise on how dog bite settlements are calculated in Missouri.

What Is a Workers' Comp Claim?

In simple terms, a workers' compensation claim refers to payments that are made to workers who get injured while conducting work-related duties.

This set of benefits was designed to provide relief and support for injured workers facing mounting medical expenses while dealing with lost wages.

In Missouri, employers are required to provide workers' compensation benefits to their workers through a third-party insurance company.

Two common types of workers' compensation settlements can be awarded to workers, which are:

• Lump Sum Settlement - One-time payment to cover medical treatment and all other related expenses. Once this payment is made, the workers' compensation claim will be closed.

• Structured Payments - Periodic weekly, bi-weekly, or monthly payments made to the worker over a certain period.

What Are the Average Workers' Comp Settlements in Missouri?

The most important factor determining the value of a workers' compensation settlement is the employee's average weekly wage.

Based on wage statistics in Missouri from 2015 to 2023, the average workers' compensation settlement amount awarded to employees in this state is around $22,500.

During the time the worker is recovering and unable to resume their duties, they will typically be paid two-thirds of their average weekly wage.

However, as always, it is important to remember that each situation is different, so workers may get more or less than this amount based on their unique circumstances.

It is possible to get anywhere between $2,000 and $40,000. With the help of experienced personal injury attorneys, injured employees can fight to get the most out of their workers' compensation settlement.

How Are Workers’ Compensation Settlements Calculated in Missouri?

In most cases, besides looking at the average weekly wage, workplace injuries are categorized as:

• Soft tissue injuries, such as contusions, strains, and sprains

• Complex injuries, such as lacerations and broken bones

• Death and severe injuries, such as spinal cord injuries, traumatic brain injuries, and permanent disfigurement

However, reaching the final value of a workers' compensation claim also requires considering other factors, such as pain and suffering. In some cases, the level of negligence of the employer may also be considered. For more details, a St Louis workers comp law firm may be able to help.

Six Common Workers' Compensation Benefits

Missouri laws generally allow employees to enjoy the following types of workers' compensation benefits:

Lost Wages

As any employee who has ever been injured on the job will know, being unable to work and earn money for their family is often their biggest concern during the recovery period.

That is why compensation for lost wages (or diminished earnings) is one of the most important benefits injured workers receive.

The amount that will be paid by the insurance company is usually calculated using the worker's average weekly wage and the length of time they have been or will be unable to return to work.

Medical Expenses

With injuries that require treatment, medical expenses will also need to be considered. This not only includes the emergency treatment received on the day of the injury, but also ongoing medical expenses, use of specialized equipment, physical therapy, and medications.

Permanent/Partial Disability or Permanent Impairment

Some injuries may result in permanent total disability or temporary total disability. The value of the workers' compensation benefits should reflect the extensive medical treatment and life-long care that may be required.

In other cases, workers may suffer permanent partial disability or temporary partial disability, which also requires its own types of workers' compensation calculations.

If, for example only one injure body part is disabled either temporarily or permanently, a medical expert will have to determine the degree of impairment.

Vocational Rehabilitation

With vocational rehabilitation, injured workers will need to receive some kind of training before they can return to work in a different capacity. The cost of all the required training needs to be covered as part of workers' comp settlements.

Future Medical Expenses

If the recovery process is going very slowly, future medical costs need to be considered. Here, a doctor may be asked to declare when the victim has reached maximum medical improvement, which will allow the calculation of benefits to begin.

Other Costs

Finally, most workers' comp settlements may also include various other costs related to the injury, such as traveling to the hospital, to the rehabilitation clinic, or having to hire someone to help around the house. This is something a good workers' compensation attorney can fight for their client.

How to Get the Best Out of a Missouri Workers' Compensation Case

While it is important to take all the right steps after suffering a workplace injury, such as seeking medical treatment and gathering evidence, the most important decision an injured worker has to make is regarding their personal injury lawyer.

If it turns out that the employer or insurance company is not willing to reach a fair settlement agreement with the worker, it may become very complicated to recover benefits.

An experienced attorney will have to step in and fight tooth and nail until the worker gets the amount they are owed.

Need a Workers' Compensation Attorney? Try Powell Law Firm

When the workers' compensation settlement process becomes complicated, which is sometimes the case in Missouri, an injured employee will need a good lawyer on their side. They can also explain how medical malpractice settlements are calculated in Missouri.

Powell Law Firm has been in the trenches fighting side by side with Missouri's workers for many years. Victims in need of expert legal representation can call and schedule a free case evaluation.