Jerome, Salmi & Kopis, LLC – Law Firm in Fairview Heights, IL

WHEN CAN I RECEIVE LOST TIME BENEFITS IN MISSOURI?

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Under the Missouri Workers’ Compensation Act, an injured worker is entitled to lost time benefits, called temporary total disability benefits, if the work injury causes the treating doctor to take the employee completely off work. These benefits begin after a waiting period of three working days and are paid so long as the disability exists. If the disability continues for 14 days or more, the employer then becomes responsible for paying for the first three days of disability. During such time, the injured worker is paid 66 2/3% of their wages. However, the weekly benefits are capped at 55% of the State’s Average Weekly wage. This amount can be obtained at the Missouri Division of Workers’ Compensation website to determine the cap amount relative to your date of accident. Most significantly, since these payments are considered payments of disability, they are nontaxable at both the State and Federal levels.
Similarly, if the treating doctor provides the injured worker with light duty restrictions and the employer is unable to accommodate the light duty restrictions, the employer remains responsible for paying lost time benefits. These payments are made as though the doctor had taken the employee completely off of work. However, if the injured worker is terminated for cause and is provided light duty restrictions, the employer can refuse to pay temporary totally disability benefits.
If you have sustained a work injury and are not receiving timely lost time benefits, you may need legal assistance. Sometimes the delay in payments may be a documentation issue as the adjuster has not been receiving timely off work or light duty slips from the doctor. However, sometimes the adjusters are overwhelmed with claims and simply have not gotten to paying your lost time benefits. In such instances, it often requires legal assistance to convince the adjuster to pay the weekly benefits in a timelier manner.

If you have contracted COVID-19 as part of your work environment, please contact us and we can discuss if your condition falls under the Workers’ Compensation Act.

corona

WORKERS’ COMPENSATION UPDATE

If you have contracted COVID-19 as part of your work environment, please contact us and we can discuss if your condition falls under the Workers’ Compensation Act. If we can prove that you contracted your virus as part of your work environment, you would be entitled to compensation that would include payment of all medical expenses; lost time benefits while you recovery; and a settlement for any ongoing problems after you recover. 

 

Please note that in Illinois, first responders and essential employees are presumed to have contracted COVID-19 at work.  Missouri recognizes that same presumption but limits it to first responders.  Regardless, if believe that you contracted COVID-19 at work, please contact us immediately so that we can inform you of your rights under the Workers’ Compensation Act.

 

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