Navigating a workers’ compensation claim in Missouri can be complex, and many factors can influence your settlement amount.
If you’ve been injured on the job in Missouri, understanding the factors that influence your workers’ compensation settlement is crucial. At the Law Office of James M. Hoffmann, we’ve helped numerous clients navigate the complex world of workers’ compensation. Here are the top 10 factors that can affect your settlement amount.
1. Severity of Your Injury
The severity of your injury is perhaps the most significant factor in determining your settlement. More severe injuries typically result in higher settlements due to increased medical costs and longer recovery times. For example, serious work-related injuries like spinal cord damage or traumatic brain injuries often lead to larger settlements compared to minor injuries like sprains or strains.
2. Type of Injury
The specific type of injury you’ve sustained can greatly impact your settlement. Some injuries, such as those requiring surgery or resulting in permanent disability, typically lead to higher settlements. For instance:
- Rotator cuff and bicep tear injuries often require surgery and extensive rehabilitation.
- Neck injuries can have long-lasting effects on your ability to work.
- Back injuries are common in workers’ compensation cases and can vary greatly in severity and long-term impact.
3. Medical Treatment and Expenses
The cost of your medical treatment plays a significant role in your settlement amount. This includes not only past medical expenses but also anticipated future medical costs. It’s crucial to have thorough documentation of all medical treatments, including:
- Doctor visits
- Surgeries
- Physical therapy
- Medications
- Medical devices or equipment
In some cases, you might need specific treatments like an MRI that workers’ compensation initially denies. It’s important to work with an experienced attorney who can help ensure you receive all necessary medical care.
4. Impact on Earning Capacity
If your injury affects your ability to work, either temporarily or permanently, this will significantly impact your settlement. Factors considered include:
- Whether you can return to your previous job
- If you need to switch to a lower-paying job due to your injury
- The need for vocational rehabilitation
- Permanent restrictions that limit your work capacity
For example, if you’re placed on light duty work or face permanent work restrictions, these factors will be considered in your settlement.
5. Age and Life Expectancy
Your age and life expectancy can affect your settlement, especially for injuries that result in permanent disability or require ongoing medical care. Younger workers may receive larger settlements due to the longer period they’ll be affected by the injury.
6. Pre-existing Conditions
Pre-existing conditions can complicate workers’ compensation cases. If your work injury aggravated a pre-existing condition, it could impact your settlement. It’s important to be upfront about any pre-existing conditions and work with your attorney to demonstrate how the work injury exacerbated them.
7. Maximum Medical Improvement (MMI)
Understanding Maximum Medical Improvement (MMI) is crucial in workers’ compensation cases. MMI is the point at which your medical condition has stabilized, and further improvement is not expected. Reaching MMI often triggers settlement negotiations, as it provides a clearer picture of your long-term medical needs and work capacity.
8. Liability and Negligence
While Missouri’s workers’ compensation system is generally no-fault, issues of liability can still arise. If your injury was caused by gross negligence on the part of your employer or a third party, it could potentially increase your settlement amount or open up the possibility of additional legal action.
9. Your Attorney’s Experience and Negotiation Skills
The experience and skill of your workers’ compensation attorney can significantly impact your settlement. An experienced attorney, like those at the Law Office of James M. Hoffmann, can:
- Accurately value your claim
- Gather necessary evidence to support your case
- Negotiate effectively with insurance companies
- Advise you on when to accept a settlement or pursue further legal action
10. Insurance Company Tactics
Insurance companies often use various tactics to minimize settlement amounts. Being aware of the games insurance companies play to avoid paying can help you and your attorney counter these strategies. Some common tactics include:
- Disputing the severity of your injury
- Claiming your injury is not work-related
- Pressuring you to return to work too soon
- Using surveillance to discredit your claim
Additional Considerations
While the above factors are crucial, there are other considerations that can affect your workers’ compensation settlement in Missouri:
- Second Injury Fund: In some cases, you may be eligible for additional compensation through Missouri’s Second Injury Fund.
- Temporary vs. Permanent Disability: Understanding the difference between permanent and temporary disability is important, as it can significantly impact your benefits and settlement amount.
- Psychological Impacts: In some cases, work injuries can lead to psychological issues like depression or PTSD. These psychological impacts may be covered by workers’ compensation in Missouri.
- Future Medical Expenses: If your injury requires ongoing medical care, your settlement should account for future medical expenses, including potential surgeries or treatments.
Navigating a workers’ compensation claim in Missouri can be complex, and many factors can influence your settlement amount. It’s crucial to work with an experienced workers’ compensation attorney who can help you understand these factors and fight for the settlement you deserve.
At the Law Office of James M. Hoffmann, we have years of experience handling workers’ compensation cases in Missouri. We understand the nuances of the system and are committed to helping our clients receive fair compensation for their work-related injuries.
If you’ve been injured on the job in Missouri, don’t hesitate to contact us for a free consultation. We’ll review your case, explain your rights, and help you understand what factors may affect your workers’ compensation settlement.