Introduction: Workers'
Compensation was started in the United States in the 1920s. Many workers were injured due to unsafe
working conditions. When this happened, workers were discarded like
used up parts in a machine. Many people went homeless and due to a
lack of medical care and finances, many died. Soon, trial lawyers
came to the rescue of some of these people and started suing the big
industries for unsafe conditions and negligence on the work site.
The right to sue for common law negligence is guaranteed in the
Constitution. However, big business came up with the idea that they
would agree to pay for some treatment and compensation when someone
was injured on the job, regardless of who was at fault for the
injury. They agreed to this only under the condition that they could
no longer be sued for these injuries. This is clearly
unconstitutional, but businesses were so powerful that they managed
to do away with the right to sue the company and workers'
compensation was born. There are rare exceptions which may allow you
to sue a fellow employee if they were negligent; however, typically
you still can't sue the company directly for your on the job
injuries. Your only recourse is through the highly regulated world
of workers' compensation.
It is
important to note that if a non-company person injures you, it is
possible to sue that person as well as collect workers' compensation
benefits. An example would be an auto wreck where you were on the
job, and not at fault for the wreck. You are entitled to workers'
compensation benefits and can also sue the driver who caused the
wreck. Unfortunately, big business is so powerful that they wrote
the laws to provide that any monies you receive from the third party
(driver who caused the wreck) are subject to subrogation.
Subrogation means that workers' compensation has a right to recover
the amount of money they paid for your medical treatment and other
compensation. If you have an attorney, the subrogation amount can
frequently be reduced by a considerable amount. For a map (a
rough guide that changes overtime)
of
docket assignments and locations, click
here.
Additionally,
social security disability benefits may offset any benefits you
receive in workers' compensation. A qualified attorney may be able
to prevent or reduce the amount of any offset.
What To Do If You Are
Injured On The Job:
(1)
Report the injury immediately to your supervisor or employer. They
should fill out a report of injury and have you indicate how, where,
and when the injury happened. Your employer should file the
necessary reports with the division of workers' compensation and
with their insurance carrier.
(2) Get
prompt medical attention. Your employer or supervisor should tell
you which hospital or doctor to see, and should assist you in making
an appointment if necessary.
(3) Keep
all follow up appointments.
(4) Keep
your employer informed of your medical condition and when you can
return to work. Generally, the doctor should provide you with a form
to give to your employer. Be sure and keep copies of these forms for
yourself as well.
Who Is Covered: Missouri
law requires that most employers carry insurance to pay for the
medical treatment and lost time benefits for employees who are
injured on the job. Generally, employers must carry workers'
compensation insurance if they have five or more employees. An
exception is the construction industry, where an employer must carry
workers' compensation insurance even if the employer has only one
employee. Missouri
workers' compensation laws may not apply to farm laborers, domestic
servants in a private home, or occasional labor performed for and
related to a private household.
The laws
have recently changed and you may view the new laws by clicking
here.
Federal employees such as postal workers, maritime workers, and
railroad workers are covered under different federal laws. If you are a federal injured
worker, please see our Research and Resources Links page for more
information.
Missouri claims are heard by Administrative Law
Judges in different locations. Click
here to view the map that
shows the general locations however, this often changes.
What Is Covered: Any
injury caused by the job is covered. Everything from first aid type
injuries to serious disabling injuries and death. Work related
occupational diseases are also covered.
Benefits Available: There
are several different types of benefits available, they are
discussed in more detail below:
Medical
Care including
physicians bills, prescriptions, hospital bills, surgeries,
laboratory tests, other tests including X-rays, physical therapy and
assistive devices such as crutches, should all be paid for by the
employer.
Mileage is paid
to the employee when he is required to submit to treatment outside
of the local or metropolitan area. Employers are only required to
pay for mileage up to 250 miles one way.
Lost
Wages are
paid by the employer following strict guidelines. A waiting period
applies before any lost wage benefits are paid. In order to receive
any payment for lost wages, you must be disabled for three
consecutive days. If you are disabled for more than fourteen
consecutive days, the original three day waiting period will then be
paid.
Temporary
Total Disability
results from an
injury that keeps an employee from working temporarily. These
benefits are calculated at 66 2/3%
of the injured employee's average gross weekly wage. There are
maximums which are set by the state and the employer/insurer is not required
to pay more than this maximum amount. These benefits, subject to a
waiting period, are paid until the employee is released by the
doctor to return to work.
Temporary
Partial Disability refers
to an employee who is able to work on light duty at less than full
pay. These payments are calculated at 66 2/3% of the difference in
what the employee made before the injury and what he/she is making
on light duty. These benefits can be paid for a maximum of 100
weeks.
Permanent
Partial Disability refers
to a permanent disability that does not prevent a person from
returning to some type of employment. In the event that a person is
determined to have a permanent partial disability, they may receive
a lump sum settlement based on the percentage of
disability.
Permanent
Total Disability refers to a person who will never be able to
work a regular full time job again. A person who is determined
to be permanently and totally disabled by the Division of Workers'
Compensation is entitled to 2/3 of his or her salary for life;
however, an attorney is often able to settle the case for a lump sum
of money in exchange for lifetime payments. Moreover, an
attorney will be able to advise you if a lump sum offer fairly
compensates the worker for the life benefits he or she would have
received.
Funeral
Expenses and Death Benefits are paid when an on the job injury
results in the worker's death. The benefit is paid to the
deceased worker's decedents and is based on the deceased worker's
average gross wage prior to the accident. The amount of the
benefit payable to each dependent turns on the number of dependents
and the status of the dependency. NOTE: A spouse
receiving benefits for the death of a husband or wife will forfeit
the benefit if he or she remarries. Funeral expenses are paid
up to the maximum allowed by the statute.
KID'S
Chance is a
non for profit Missouri corporation that provides financial scholarships
to children of workers who have been catastrophically injured or
killed on the job. For an application and more information, or to
make a tax deductible contribution, please write or call:
