Although it is never fun to imagine worst-case scenarios, it is important to understand your options if an accident or injury ever befalls you at work.
If you suffered a severe injury while working at your St. Louis job, you might be pretty sure you are eligible for workers’ compensation. However, if this injury has made it impossible to return to work for the foreseeable future, you may be wondering long you will be able to receive workers’ compensation to substitute for your lost income.
First things first, if you have suffered a serious injury at work, it is always a smart idea to consult with an experienced St. Louis workers comp attorney to ensure that your legal rights are protected, and you get all the benefits you are legally entitled to.
How Quickly Do I Need to File a Claim?
If you plan on filing a workers comp claim, you should understand the statute of limitations in St. Louis for workers comp claims. In Missouri, you have two years after the date of the accident to claim workers comp. Although this might seem like a long time, you should think twice before delaying your claim. The sooner you file a claim after the date of the accident, the easier it will be to prove damages.
How Long Can I Receive Worker’s Comp?
The length for which you can receive workers comp depends on the category of disability that you fall under. Depending on the severity of your injury and whether you can return to work or not, you are eligible for various degrees of workers’ comp. The four types of disability are:
This category of disability is for people who can immediately return to work after their injury but cannot accomplish their normal day-to-day work tasks due to injury. Compensation is generally capped at two-thirds of the difference between your pre-injury wages and what you could earn on the open job market. The maximum time you can earn temporary partial disability is 100 weeks.
When you are completely unable to work for a period of time, workers comp is calculated at two-thirds of the injured worker’s average weekly pay, with a maximum time for receiving compensation of 400 weeks.
- Permanent Partial Disability
A serious injury that has left you incapable of ever functioning at 100% capacity in the way you did before your injury. Compensation is calculated at two-thirds of a worker’s average weekly pay, not to exceed 400 weeks.
The most serious injury you can suffer, this disability would leave you incapable of rejoining the workforce in any function. An injury of this magnitude could make you eligible for weekly payments for a lifetime, at a rate of two-thirds of your old salary.
Although it is never fun to imagine worst-case scenarios, it is important to understand your options if an accident or injury ever befalls you at work. If you have been injured on the job in Missouri, get in touch with the Law Office of James M. Hoffmann for a free case evaluation and ensure your benefits are protected.