If you need clarification about your work comp benefits, speak to aย St. Louis workers’ compensation lawyer.
The state of Missouri has specific procedures to calculate workers’ comp benefits. There are certain equations that can be used to calculate the benefits available under the system. Employers are solely liable for any injuries caused to employees due to accidents at the workplace, irrespective of negligence or fault. The law also states that an injured employee cannot make aย claim for tort damages through a court system and is only limited to certain statutorily scheduled benefits.
Calculating the Average Weekly Wage
The compensation rate is calculated on the basis of an employeeโs average weekly wage. The average weekly wage isย calculated by considering the past thirteen weeks before the date of injury, with an assumption that the employee has been working with the employerย for the stated period of time.
All wages earned in those thirteen weeks are added and then divided by thirteen weeks. If an employee has worked less than thirteen weeks, the total wages summed are divided by the number of weeks worked.ย This simple equation will give the average weekly wage and it can be used to calculate the average weekly wages for most of the benefits available for work-related injuries.ย Compensation rates in Missouri are two-thirds of the total amount of the employeeโs average weekly wage.
Permanent Partial Disability
Theย equation for permanent partial disability is (rate of compensation) x (level) x (disability percentage).
โLevelโ refers to the area of the body that suffers disability. The percentage of disability is a component of the equation that is determined by a medical expert.ย The Missouriย workers’ compensation division usesย a chart that denotes the values assigned to different body parts.ย When calculating benefits, it is essential to ascertain the body part affected by disability.
Temporary Total Disability
Temporary disabilityย benefits are awardedย to workers who suffer a temporary loss of earnings during recoveryย periods required to recuperate from a work-related injury. This compensation can be given to an injured employee only if the employee has not been able to return to work for more than three consecutive days or untilย the time the employee does not attain maximum medical improvement.
Death Benefits and Permanent Total Disability
The workers’ compensation equation can be used to calculate death benefits andย permanent total disability as well.
If you need some clarification about your work compย case or need legal help in getting your rightful benefits,ย call our St. Louis workers’ compensation lawyer from The Law Office of James M. Hoffmann. For a free consultation, call us at (314) 361-4300.