The Missouri Workers’ Compensation law accounts for injuries that eliminate workers’ from returning to work very differently from how it accounts for less severe injuries where they are reasonable able to return to work after medical treatment.  To try and state it simply, if your work injury makes it to where it is no longer reasonable to expect any employer in the open labor market to hire you for a full-time position without accommodations that others in your position would not receive, Missouri Workers’ Compensation Law would say you are permanently and totally disabled (“PTD”).

Depending on your age and income level at the time of your injury, these PTD cases can be worth hundreds of thousands, if not millions, of dollars.

So, in most of these cases, you will face a fight that is far fiercer than your more ordinary, [typically] less valuable, permanent partial disability (“PPD”) Missouri Workers’ Compensation Claims.

To prove PTD, it will not be enough that you feel you cannot return to work.  And, it will not be enough for you to show only that you cannot return to the job you had before you got injured.  So, how do you prove it is no longer reasonable to expect any employer to hire you for full-time work without making accommodations for you?  You need evidence to establish your work injury prevents you from competing in the open labor market.  So, what evidence will you need?

1. Medical Restrictions – Evidence where a doctor defines what your work injury and any preexisting injuries and/or conditions prevent you from doing physically, mentally, emotionally, and/or socially that you might be expect to be able to do or tolerate at a workplace in the ordinary course.

2. Vocational Evaluation of Restrictions – Evidence where an expert in job placement (employability) evaluates whether your medical restrictions prevent you from being hired for jobs in the open labor market that you might otherwise qualify for in the open labor market.

Almost every job in America has minimum requirements that all applicants must meet to be considered for the position.  For example, some jobs require whomever is hired to be able to lift greater than 50 lbs. and stand or walk and climb frequently throughout each work day.  Other job titles might require a certain education level or level of technical training and/or type of certification.  Other job titles might require computer skills and an ability to type a certain number of words per minute.  These are only a few examples. skills, some all of those things, etc.  As long as these baseline requirements are applied equally to all applicants, Employers are in most cases allowed to have them.

Ultimately, in my opinion, your abilities (or, lack thereof) and background combine to form your vocational profile.  The same injury that eliminates someone of one age, education, work history, and appearance PTD might not render a another with a different vocational profile PTD.  Every case is extremely fact specific, and this area of the law is terribly complicated.

The vocational experts, in their ordinary practice, assist individuals in finding employment or training or educational opportunities that would allow them to find employment. Vocational experts can evaluate your vocational profile and medical restrictions to conclude whether you remain employable despite your limitations following your work injury.

That said, the vocational experts are at the mercy of the medical evidence, as they do not get to decide what your limitations and restrictions are.  Remember, that part is/was up to the doctors.  Like anything else, one doctors opinion might differ from another as to what you are capable (or, incapable) of doing.  As such, a vocational expert might conclude that you are PTD when they consider one doctor’s restrictions, but that same expert might conclude that a different physician’s restrictions would not render you PTD.

Even after you establish PTD, it the question remains whether the Employer and its WC Insurer or Missouri’s Second Injury Fund is liable for payment of a lifetime of benefits to you.  This blog does not dive into that additional analysis.

If you think your work injury has, or even might, make it really difficult to return to work, it costs you nothing to set up a consultation with the attorneys at McDuffey & Medcalf, LLC.  Some of our largest workers’ compensation settlements and trial victories come in these PTD cases.  Our extensive experience litigating Missouri Workers’ Compensation PTD Claims has led to huge settlements and life changing trial results.  If you have any doubt, call and find out for free if we can add value, and how we can do so, where you cannot return to work after your work injury.

For Comprehensive information, be sure to check out our previous posts:

Temporary Partial Disability (“TPD”) Benefits

Temporary Total Disability (“TTD”) Benefits

The Medical Treatment Benefits in Missouri’s Workers’ Compensation Law

What is Missouri Workers Compensation Law?

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 417-322-6418 TO SCHEDULE A FREE CONSULT

EMAIL:  brad@mcduffeylaw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post Permanent Total Disability “PTD”:  What if my work injury was so severe I am not able to go back to work? appeared first on workcomp-attorneys.com.

If an injured worker is under light duty restrictions that the Employer can accommodate, but the accommodated / light duty work does not allow the injured worker to make the same amount of money, then the injured worker is entitled to TPD benefits that should pay two-thirds of the difference between Claimant’s AWW and the weekly pre-tax light duty earnings.  Often, workers’ compensation Insurers will require each week’s light duty pay stub from the Employer before issuing these TPD payments since the amount of each week’s TPD check is dependent upon the amount earned working the light duty assignment of the Employer.

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 417-322-6418 TO SCHEDULE A FREE CONSULT

EMAIL:  brad@mcduffeylaw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

For More information on Workers’ Compensation:

Temporary Total Disability (“TTD”) Benefits

Interactive Missouri Workers’ Compensation Chart

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped?

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post Temporary Partial Disability (“TPD”) Benefits appeared first on workcomp-attorneys.com.

Temporary Total Disability (“TTD”) Benefits

If workers’ compensation authorizes a medical provider who takes an injured worker off work due to the work injury, that worker is considered to be totally disabled by the work injury for a temporary period of time. Due to this, the workers’ compensation insurer should pay the injured worker for that time off of work.

Compensation- TTD Rate

The compensation rate can be calculated a number of ways depending on each circumstance. It is most commonly calculated by first identifying an Average Weekly Wage (“AWW”).  The AWW is typically calculated by adding every pre-tax dollar earned during the 13 weeks prior to the work injury, then dividing that total by 13 to get an average.  Once you have that average and you divide that by 13 in order to get the AWW.  After you have an AWW, two-thirds of that AWW is the TTD Rate.  Taxes should not come out of these payments.

The injured worker is placed under light duty restrictions by the authorized medical provider, as opposed to being taken off work completely. The employer can accommodate those restrictions by providing work within the restrictions. If the employer does not offer work within the restrictions, then the workers’ compensation insurer should pay TTD for those weeks that an injured worker is under restrictions but not being provided light duty work.

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 417-322-6418 TO SCHEDULE A FREE CONSULT

EMAIL:  brad@mcduffeylaw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

For More information on Workers’ Compensation:

Interactive Missouri Workers’ Compensation Chart

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped?

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post Temporary Total Disability (“TTD”) Benefits appeared first on workcomp-attorneys.com.

This benefit allows injured workers to receive treatment necessary to cure or relieve the effects of their work injury without incurring bills or costs like co-pays or deductibles.  The kicker, if you want the workers’ compensation insurer to pay, the law allows them to direct your care (pick your providers).  Commonly, this means you will be evaluated and/or treated by medical professionals that are working to maintain relationships with workers’ compensation insurance companies.  This might leave claimants (injured workers who have made workers’ compensation claims) feeling like they are receiving a conservative or cost-effective (think, what feels like endless physical therapy before an MRI) version of care.  It might also feel for some like the doctors are releasing them at maximum medical improvement sooner than they are ready, or without given real consideration to their injuries and/or symptoms.

Not only are injured workers entitled to treatment through MMI, but if it is medically ‘probable’ (not merely ‘possible’) that the injury will require any form of treatment at some point in the future, this medical benefit can/should be left open for the remainder of your life.  In other words, workers’ compensation can be on the hook to pay for medical treatment necessary to cure or relieve the effects of the work injury for the remainder of your life.  Commonly, the medical professionals retained by workers’ compensation insurers to treat injured workers will find that the work injury will not require any future medical treatment (or, if it does, it would not flow from the work injury).  If a case is resolved without any real consideration given to future medical, that can be a major potential loss in value.

Commonly, after the workers’ compensation doctors release a claimant at MMI, experienced workers’ compensation attorneys will send for an independent medical evaluation for a second opinion as to whether the claimant has actually reached MMI, and if so, whether there is a probability of future medical care becoming necessary due to the work injury.

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 417-322-6418 TO SCHEDULE A FREE CONSULT

EMAIL:  brad@mcduffeylaw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

For More information on Workers’ Compensation:

Interactive Missouri Workers’ Compensation Chart

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped?

What is Missouri Workers Compensation Law?

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post The Medical Treatment Benefits in Missouri’s Workers’ Compensation Law appeared first on workcomp-attorneys.com.

In Missouri, Workers’ Compensation was created by the State Legislature many years ago to assist workers’ who suffer injuries, or acquire conditions, at work.  For the most part, Missouri Workers’ Compensation does not give consideration to whose fault it might have been that the injury was suffered or condition acquired.  Missouri Workers’ Compensation is a system defined by the Missouri law (“statute”) written within its Chapter 287.  Essentially, the Missouri Workers’ Compensation Law defines when and how Missouri’s workers are entitled to specific benefits if/when something happens to a worker within in the course and scope of his or her employment, and that something is the ‘prevailing factor’ [amongst any number of other possible contributing factors] causing a workers’ injury or condition.  Missouri Workers’ Compensation entitles these injured workers to many different benefits depending on the facts specific to each case.

That said, in very general terms, it entitles workers injured within the course and scope of their employment to three benefits, which will be covered in the blog posts to come:

1. Medical Treatment
2. TTD / TPD Income Replacement and Light Duty Accommodations
3. Settlement / Recovery / Award

FOR MORE INFORMATION OR TO SEE THE LAWYERS AT THE WORK COMP CENTER CAN HELP YOU WITH YOUR WORKERS’ COMPENSATION CASE:

CALL 417-322-6418 TO SCHEDULE A FREE CONSULT

EMAIL:  brad@mcduffeylaw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

For More information on Workers’ Compensation:

Interactive Missouri Workers’ Compensation Chart

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped?

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post What is Missouri Workers Compensation Law? appeared first on workcomp-attorneys.com.

FOR MORE INFORMATION OR CLARIFICATION CALL THE LAWYERS AT MCDUFFEY & MEDCALF TO SCHEDULE A FREE CONSULT

417-322-6418

EMAIL:  brad@mcduffeylaw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION. 

For more Workers’ Compensation Law Information:

MO Workers’ Compensation Permanent Partial Disability Case Estimate Calculator

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped?

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post Interactive Missouri Workers’ Compensation Chart appeared first on workcomp-attorneys.com.

FOR MORE INFORMATION OR CLARIFICATION:

CALL 417-448-0691 TO SCHEDULE A FREE CONSULT

EMAIL:  brad@mcduffeylaw.com

OR SUBMIT YOUR INFORMATION HERE FOR A FREE CASE EVALUATION.

For More information on Workers’ Compensation:

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped?

The Top 3 Questions for “Missouri Work Comp” on the Internet

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post MO WC Permanent Partial Disability Case Estimate Calculator appeared first on workcomp-attorneys.com.

This article will discuss how to calculate a PPD rate.  I will also inform you how to know whether your PPD weekly rate will be capped by the Missouri Workers’ Compensation statute.

The PPD Rate is the second of three variables necessary to use / understand the Missouri Workers’ Compensation chart:

(i)The Starting Value [in Weeks] of the Body Part You Injured;

(ii) PPD Rate; and,

(iii) Percentage of Permanent Partial Disability.

Part One of this Understanding the Missouri Workers’ Compensation Chart blog series, discussed the first variable in great detail.

Part Two will help you determine what each of those weeks is worth.  This is where Missouri Workers’ Compensation claims begin to translate into a discussion of money, by defining the dollars-and-cents value of a week (the “PPD Rate”).  To know your PPD Rate, you must first calculate your Average Weekly Wage (“AWW”).  Your PPD Rate is then 2/3 of that AWW.

For the reasons discussed herein, and more, this can become more complicated that it might seem.

CALCULATING THE AVERAGE WEEKLY WAGE (“AWW”):

For most of Missouri’s injured workers, you look at their pre-tax earnings within the 13 weeks prior to their injury.  To be clear, the relevant amount of which I am speaking, is the amount of money you made within the 13 weeks prior to your date of injury BEFORE anything at all was taken, or otherwise deducted, form your pay.  For reference, 13 weeks is usually pretty close to 90 days or 3 months.

When identifying the relevant period for each case, I find there are helpful tools online as opposed to hand-counting out the days on a calendar. Here’s the one I use.

Once you calculate your gross earnings within that relevant 13-week period, you divide it by 13, which reveals your Average Weekly Wage (“AWW”).

Wage Statement:

Since many of Missouri’s workers do not have a set salary that remains constant, you may be wondering how you know or verify what your gross earnings were during that 13-week period prior to your injury.  Your Employer, and/or their Insurer, will have to provide what is usually called a “Wage Statement” upon request.  This is a document where they have to swear to what your gross earnings were within the relevant period.  If you have them, or can access them, you can also reference your pay stubs from that relevant 13-week period.

The Wage Statement is something we as attorneys will request immediately upon being retained by clients.  It might be that your Employer, and/or their Insurer, has calculated your AWW in an agreeable way.  If so, great.  That said, often we find otherwise.

Here is a sample of what a wage statement might look like for someone injured at work on May 1, 2024 whose pay rate is $20.00 per hour for us to work with/from:

Sample/hypothetical Wage Statement

Since this hypothetical person was injured on May 1, 2024, we can identify their relevant 13-week period to be from February 1, 2024 to May 1, 2024.

Pay Date v. Pay Periods Within the Relevant 13-Weeks

If you use the ‘Check Date’ to identify gross pay within that period of time, that totals $10,740.00.  If you divide that by 13, you get an AWW of $826.15.

If you use the ‘Pay Period’ within which the money was actually earned, the gross pay within the relevant period totals $10,060.00.  If you divide that by 13, you get an AWW of $773.85.

Here, you can see that the difference between the two can be substantial / meaningful.  At worst, it can give you something to talk about, or bargain with, as you would get to the negotiation stage of your claim.

Bonuses / Additional Forms of Pay

Whether you use ‘Check Date’ or ‘Pay Period’, if you do the math, you will notice it includes the bonus within the relevant period.  ALL gross pay should be considered if it was earned/paid within the relevant period.  Always make sure the wage statement you are provided shows any and all forms of pay, not just gross compensation for hours worked.  This can make a big difference.

Your Pay Was Less the Week of the Injury

In the example using ‘Pay Period’ to compute the AWW, you will notice it considers the week within which this hypothetical person was injured (April 27th to May 3rd).  The law allows the week of the injury to be removed from the calculation.  In many cases, this can be something you will want to do if/when possible.  If you earned less money the week you were injured due to your injury keeping you from working, it would not be fair for that to have a negative impact on what your AWW might otherwise be.

So, for the hypothetical worker example here, you would remove the week of the injury ($480 gross pay), which leaves $9,580.00 in total gross pay over 12 weeks.  That, divided by the now relevant 12 weeks, results in an AWW of $798.33.  That is a substantial improvement from what was $773.85 above.

Overtime Pay

Additionally, with either the ‘Check Date’ or ‘Pay Period’ approach, you will notice this hypothetical employee worked some overtime.  That should be accounted for in your gross total calculation as well.  Make sure that the wage statement you are provided reflects any and all overtime pay as well.  This too can make a substantive difference in maximizing the value of your workers’ compensation case.

Missed Time During the Relevant Period

If you happened to miss significant time during the relevant period, that can make the math extremely disappointing or unfair.  In most cases, you can rectify this.  Typically, it would be that for every five days of time missed, you can remove a week from the AWW calculation.

In the example above, you can see the hypothetical worker happened to have missed 44 hours in the relevant period leading up to the date of injury.  Since a typical week for that hypothetical worker was 40 hours, we would argue a week should be removed from the math in that hypothetical.  So, if there were otherwise 13 weeks, you would instead divide the same gross total by 12; and, if there were otherwise 12 weeks, you would divide the same gross total by 11.  In order to reduce the week total in this instance, you do not need to deduct any money from the gross total.

Since in this hypothetical the ‘Check Date’ approach to computing total gross pay during the relevant period resulted in a larger figure, we will use that to demonstrate how missed pay during the relevant period can be applied.  As you saw above, that approach resulted in an AWW of $826.15 when the $10,740.00 gross total was divided by 13.  Since the hypothetical person missed 44 hours within that period, you can argue that same figure should instead be divided by 12 weeks.  That makes the AWW $895.00.

If you use the ‘Pay Period’ approach within which the money was actually earned, the gross pay within the relevant period totals $10,060.00.  If you divide that by 13, you get an AWW of $773.85.

How Different the Same Numbers Can Be

The Employer, and/or their Workers Compensation Insurance Company, is likely to do the math in a way that is most favorable to them.  As you have seen, even where everyone is working from the same numbers, the math can be very different.

In the hypothetical, using the same wage statement, the Employer/Insurer could use the ‘Pay Periods’ within the relevant 13-weeks, leave in the week of the injury, not account for bonuses or overtime, and fail to account for the missed week of time within the relevant period.  With that approach, the AWW would total $707.69.

Using the same hypothetical wage statement, you could use the ‘Check Date’ to total your gross pay within the relevant period, throw-out the week of the injury, account for bonuses and overtime, and reduce the number of weeks by which you divide due to missing greater than one week of time in the relevant period prior to the date of injury.  If you did, the AWW would total $895.00.

That is a $187.31 difference in AWW depending on who analyzed the exact same numbers!  That may not seem like much on its own, but since your case value is measured in weeks of wages, even much smaller differences can mean thousands of dollars to you.

CALCULATING THE PERMANENT PARTIAL DISABILITY (“PPD”) RATE:

Once you have taken the time to identify your AWW, calculating your PPD Rate is relatively easy.  Your PPD rate is 2/3 of your AWW.  If you have a calculator, or one on your phone, simply multiply your AWW by 0.6666666.

So, if the hypothetical person’s AWW is $895.00, their PPD Rate would be $596.67.

This figure, NOT the AWW, is the monetary value of each week (the ‘little numbers’) on the workers’ compensation body diagram.  The PPD Rate is the second variable you need in order to be able to complete the math considered by the Missouri Workers Compensation Settlement Chart.

Maximum PPD Rate Caps:

Once you have the AWW, the PPD Rate determination is as simple as it seems.  That said, there is one qualifier to be aware of: Max PPD Rates.  Depending on the date of your injury, your PPD rate might be capped.  In other words, if your PPD Rate is beyond a certain amount, your PPD Rate and the PPD Rate of the world’s richest person would be the same.

To use the same hypothetical example that we have been, the statutory maximum PPD Rate for the May 1, 2024 date of injury is $621.51.  Since we would be arguing a PPD Rate of $596.67, that hypothetical person’s PPD Rate would not be affected by the statutory cap.  It would simply be two-thirds of the AWW.

If the same person, with the same pay, suffered the same work-related injury on May 1, 2021; their PPD Rate would be reduced to the statutory PPD Rate maximum of $566.88 for that date of injury.

For reference, the statutory maximum PPD Rates, and their associated effective dates, are provided below.  If you know the date of your work injury, locate which date range it falls within to learn the PPD Rate cap relevant to your case:

Missouri Workers’ Compensation Maximum PPD Rate Chart (Caps)

Note: These are the statutory caps for PPD Rate only.  The caps for the same date ranges are different for things like TTD and PTD.  For the other caps, or if you do not see the date range associated with your date of injury, locate a MO WC-110-2 Form or call us now at 573-302-7211.

The next blog article will discuss the percentage of permanent partial disability.  That will be the last variable needed to complete the math considered by the Missouri Workers’ Compensation Chart.

FOR MORE INFORMATION OR CLARIFICATION:

CLICK HERE AND SUBMIT A FORM FOR A FREE CONSULT

CALL 417-322-6418 TO SCHEDULE A FREE CONSULT

EMAIL:  brad@mcduffeylaw.com

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.

The post PART II: What Is My Workers’ Compensation PPD (“Permanent Partial Disability”) Weekly Rate And How Do I Know If It Will Be Capped? appeared first on workcomp-attorneys.com.

Missouri Workers’ Compensation Chart

INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: 

What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart?

During free consultations with individuals injured while working in Missouri, or for a Missouri-based Employer, I will usually at some point evaluate the likely dollars-and-cents value of their Missouri Workers’ Compensation cases.  Ahead of diving into how that works, I usually acknowledge there will be parts of the value discussion that will: “Sound odd, because they are odd“.

Since you have landed on this article, I imagine you have been trying, or you are getting started toward trying, to figure out how Missouri Workers’ Compensation cases are valued in the context of the rather “odd” chart above.  Maybe, you just came for a quick glance at the chart, and it will make sense to you.  That works too.

If you would like some guidance or assistance as you try and interpret the Missouri Workers’ Compensation Chart above, you may find this blog series helpful.

I am writing this blog series of articles to try and make the chart more digestible for Missouri’s workers who have no reason to have interacted with it before.  In most any case, once you settle, your workers’ compensation claim is done.  So, before you try to negotiate a settlement with work comp, agree to accept work comp’s settlement offer, or decide to abandon your claim; you should at least have some base of knowledge as to what you are giving up or leaving on the table if you are considering those options.

I hope you will find this series of posts empowers you to make a more informed decision on what might be best for you, your family, and your professional, vocational, and/or financial future after you have been injured at work.

THE ‘LITTLE NUMBERS’ ON THE BODY DIAGRAM OF THE MO WORK COMP CHART EXPLAINED

Those ‘little numbers’, as I frequently hear them called by clients, that are stamped onto the human body in that chart above represent a number of weeks of wages.

Yes, it is “odd” that some body parts are assigned less value than others at the outset.  Yes, it is “odd” that the value is measured in wages of wages.  I am often asked, “Why don’t they just do this in dollars?”  Ultimately, when you understand each variable applicable to the chart, that will be the purpose or function of it all.

I like to think those who wrote the Missouri Worker’s Compensation Law (the MO State Legislature) have reasons why they assigned these starting values, measuring in weeks of wages, to Missouri’s workers’ body parts.  Essentially, like with many considerations of law and/or government, the body parts each receive their value because the law ‘says-so’.  There’s not much more to it than that.

Debate or discussion of whether we like, or agree with, the starting value assigned to ankle being less than a shoulder might be interesting to some, but it does not factor into the computation of your claim’s fair value within the Missouri Workers’ Compensation Chart.

That said, in this instance, why these starting values were assigned as they were is not important. There are two key things you want to focus on as you consider the function of the ‘little numbers’ in chart:

1. How many weeks of wages is the body part I injured at work assigned on the chart?  Write that down.

2. Did I injure more one body part at work, even if during the same work incident or exposure?  For each body part, write down the number of weeks of wages assigned to it on the chart.

The ‘little numbers’ on the chart are subject to very little change.  People are sometimes inclined to want to fight, or negotiate everything when discussing their case.  I am with you.  The time will come for that part of the analysis, but in most cases, both sides will be able to identify and agree on the number on the chart corresponding to the body parts you injured at work.  Do not overthink this part of the analysis.

In case you are interested how this might ever become more complicated than matching the body part to the number on the chart, one example might be: You broke some of the fingers on your hand, or one of the fingers severely.  Each part of each finger is assigned its own starting value.  But, what if the permanent effect is to reduce the ability of your whole hand (grip, dexterity, writing, etc.)?  The insurer would likely argue the evaluation should take place at the finger-level.  Can you argue instead it should be at the level of the hand?  Sure.

If you fell off a ladder at work and injured your low back, shoulder, and knees, you would identify that the low back is within the 400-week-level, the shoulder at the 232-level, the right knee at the 160-level, and the left knee at the 160-level on the chart.  Each will be subject to its own analysis from there.  To limit yourself to only one would be a costly mistake.

So, while you now have your starting variable / number to work from within the work comp chart, you will need more information to appropriately use and understand the Missouri Workers’ Compensation Chart.

In other words, it is not as simple as: “I hurt my neck”, my neck is worth 400 weeks on the chart, this is my weekly pay-rate, and then asking for the workers’ compensation Employer/Insurer to cut you a check for 400 weeks of pay.

The other variables you will need to accurately identify and understand to complete the equation considered in the Missouri Workers’ Compensation Chart are:

– Your permanent partial disability weekly compensation rate, as defined by the Missouri Workers’ Compensation Law; and,

– The percentage of permanent disability caused by the work-injury to the body part(s) injured, which will need to be assessed by a medical professional.

Both will be individually addressed in detail in the next two parts of this series.

The series will conclude with an article with examples applying sample variables to each step learned in Parts I, II, and III.

As your knowledge of this chart grows, do not give up just because you have a preexisting injury or issue to the same area on your body.  Your Employer, their Workers’ Compensation Insurance Company, and/or the doctors they send you to, will very likely make a big deal of any preexisting injury, condition, degeneration and/or arthritis.  That does not mean you do not have a Missouri Workers’ Compensation Case that entitles you to work comp benefits and a settlement or recovery.

It costs you nothing to call us now and schedule a free consultation to find out if we think we can overcome your preexisting condition(s).

In case you find it helpful, I have included some terms commonly associated with work related injuries at the different levels within the Missouri Workers’ Compensation Chart.

FOR MORE INFORMATION OR CLARIFICATION:

CLICK HERE AND SUBMIT A FORM FOR A FREE CONSULT

CALL 573-302-7211 TO SCHEDULE A FREE CONSULT

EMAIL:  brad@mcduffeylaw.com

400 WEEK LEVEL

Common Injuries & Terms

Neck & Cervical Spine:

C-1, C-2, C-3, C-4, C-5, C-6, and C-7 Vertebrae and/or Cervical Disc Segments, Herniated Disc, Disc Protrusion, Disc Extrusion, Cervical Instability, Spinal Cord Injury, Thecal Sac Compression, Spinal Cord Impingement, Spinal Cord Bruising, Neuroforaminal Narrowing, Foraminal Stenosis / Narrowing, Cervical Nerve Root Impingement, Radiculopathy, Pain Radiating into Upper Extremities, Numbness and Tingling into Upper Extremities (traveling down into arms, hands, and/or fingers), Weakness of the Hands and/or Arms, Cervical Spine Fracture, Fractured Vertebrae, Compression Fracture, Spondylolisthesis, Whiplash, Cervical Strain/Sprain, Annular Tear, Annular Fissure, Height-Loss, Arthroscopic Disc Surgical Repair, Non-Invasive Cervical Spine Surgery, Decompression Surgery, Cervical Disc Replacement / Arthroplasty Surgery, ACDF, Kyphoplasty, Ablation, Laminectomy, Laminotomy, Microdiscectomy, Discectomy, Hemilaminectomy, Cervical Fusion, and Multi-Level Cervical Fusion, Paralyzed by Cervical Spine Injury, Paraplegic Due to Work Injury.

Mid-Back & Thoracic Spine:

T-1, T-2, T-3, T-4, T-5, T-6, T-7, T-8, T-9, T-10, T-11, and T-12 Vertebrae and/or Thoracic Disc Segments, Herniated Disc, Disc Protrusion, Disc Extrusion, Thoracic Instability, Spinal Cord Injury, Thecal Sac Compression, Spinal Cord Impingement, Spinal Cord Bruising, Neuroforaminal Narrowing, Foraminal Stenosis / Narrowing, Thoracic Nerve Root Impingement, Radiculopathy, Bowell and Bladder Dysfunction, Radiating Pain, Radiating Numbness or Tingling, Thoracic Spine Fracture, Fractured Vertebrae, Compression Fracture, Spondylolisthesis, Thoracic Strain/Sprain, Annular Tear, Annular Fissure, Height-Loss, Arthroscopic Surgical Repair, Decompression Surgery, Non-Invasive Thoracic Spine Surgery, Spinal Cord Stimulator Implant, Thoracic Disc Replacement or Arthroplasty, Kyphoplasty, Ablation, Laminectomy, Laminotomy, Microdiscectomy, Discectomy, Hemilaminectomy, Thoracic Fusion, and Multi-Level Thoracic Fusion, Paralyzed by Thoracic Spine Injury.

Low Back & Lumbar Spine:

L1, L2, L3, L4, L5, S1, and S2 Vertebrae and/or Lumbar Disc Segments, Herniated Disc, Disc Protrusion, Disc Extrusion, Lumbar Instability, Spinal Cord Injury, Fractured Sacrum, Sacroiliac (“SI”) Joint, Sacroiliitis, Thecal Sac Compression, Sciatic Nerve Impingement or Damage, Sciatica, Spinal Cord Impingement, Neuroforaminal Narrowing, Foraminal Narrowing, Positive Straight Leg Raise Test, Nerve Impingement, Cord Bruising, Spinal Cord Injury, Radiculopathy, Radiating Pain into Buttocks,  Radiating Pain into Thigh, Radiating Pain into Leg, Radiating Pain into Foot and/or Toes, Radiating Numbness or Tingling into Lower Extremities, Spine Fracture, Fractured Lumbar Vertebrae, Lumbar Compression Fracture, Spondylolisthesis, Hypertrophy, Lumbar Strain/Sprain, Annular Tear, Annular Fissure, Height-Loss, Arthroscopic Surgical Repair, Decompression Surgery, Lumbar Disc Replacement or Arthroplasty, Kyphoplasty, Ablation, Laminectomy, Laminotomy, Microdiscectomy, Discectomy, Hemilaminectomy, Lumbar Fusion, and Multi-Level Lumbar Fusion, Paralyzed from Waist Down by Lumbar Spine Injury.

Head & Brain:

Skull Fracture(s), Brain Bleed, Brain Bruise, Subdural Hematoma, Midline Shift, Craniotomy, Traumatic Brain Injury (“TBI”), TBI Resulting in Coma, Concussion, Concussion with Loss of Consciousness (“LOC”), Post-Concussion Syndrome, Headaches, Intractable Migraines, Cognitive Deficits and Dysfunction, Memory Loss, Difficulty with Focus and Attention, Difficulty Finding Words, Speech Deficits, Stuttering, Amnesia, Photophobia (light sensitivity), Phonophobia (sound sensitivity), Nausea, Dizziness, Disorientation, Psychiatric or Psychological Trauma, Depression, Anxiety, Post-Truamatic Stress Disorder, Unexplained Crying, Suicidal Thoughts, Invasive Thoughts, Nightmares, Loss of Control over Emotions like Anger and/or Sadness.

232 WEEK LEVEL

Common Injuries & Terms

Shoulder:

Rotator Cuff Injury, Rotator Cuff Rupture or Complete Tear, Partial Rotator Cuff Tear, Torn Subscapularis, Torn Supraspinatus, Torn Infraspinatus, Torn Teres Minor, Torn Labrum, Partially Torn Labrum, Biceps Tendon, Acromioclavicular “AC” Joint Impingement, Humerus Fracture(s), Humeral Head Fracture, Separated Shoulder, Broken and/or Dislocated Collar Bone / Clavicle, Scapula, Arthroscopic Surgery, Frozen Shoulder, Adhesive Capsulitis, Reverse-Total Shoulder Replacement or Arthroplasty, and Shoulder Replacement Surgery (Arthroplasty).

Note:  If you injure both of your shoulders, each has its own starting value of 232 weeks in the analysis considered by the chart.

210 WEEK LEVEL

Common Injuries & Terms

Elbow: 

Lateral Epicondylitis, Medial Epicondylitis, Bursitis, Elbow Sprains and Strains, Radial Head Fracture, Ulnar Head Fracture, Comminutied Elbow Fracture, Displaced Elbow Fracture, Olecranon Fractures, Distal Biceps Tendon Rupture, Posterolateral Rotatory Instability, Ulnar Collateral Ligament (“UCL”) Injury, Forearm Fractures, Pronator Syndrome, Distal Humerus Fracture, Forearm Fractures, Triceps Tendon Rupture, Annular Ligament Dislocation, Coronoid Process Fracture, Common Extensor Tendon Tear

Note:  If you injure both of your elbows, each has its own starting value of 210 weeks in the analysis considered by the chart.

200 WEEK LEVEL

Common Injuries & Terms

Forearm:

Radius Fracture, Ulna Fracture, Forearm Fractures (both bones), Distal Radioulnar Joint Injury, Interosseous Membrane Injury, Essex-Lopresti Injury, Galeazzi Fracture, Monteggia Fracture, Distal Radioulnar Joint Injury, Triangular Fibrocartilage Complex Tear, Interosseous Membrane Tear, Radial Shaft Fracture, Ulnar Shaft Fracture, Greenstick Fracture, Colles’ Fracture, Smith’s Fracture, Nightstick Fracture, Radial Head Subluxation

Note:  If you injure both of your forearms, each has its own starting value of 200 weeks in the analysis considered by the chart.

175 WEEK LEVEL

Common Injuries & Terms

Wrist:

Broken Wrist, Fractured Wrist, Wrist Dislocation, Comminuted Wrist Fracture, Wrist Surgery, Displaced Wrist Fracture Requiring Open Fixation with Hardware, Wrist Fusion TFCC Tear, Boxer’s Fracture, Amputation at Wrist.

Note:  If you injure both of your wrists, each has its own starting value of 175 weeks in the analysis considered by the chart.

Hand:

Fractured Hand, Broken Hand, Stress Fracture, Displaced or Comminuted Hand Fracture, Metacarpal Fracture(s) or Dislocation, Hand Surgery, Hand Fracture Requiring Open Fixation with Hardware.

Note:  If you injure both of your hands, each has its own starting value of 175 weeks in the analysis considered by the chart.

207 WEEK LEVEL

Common Injuries & Terms

Hip:

Femoral Head Fracture, Broken Hip, Head of the Femur, Hip Joint Injury, Hip Socket Injury, Torn Labrum in Hip,  Broken Pelvis, Crushed Pelvis, Hip Flexor Tear, Hip Impingement, Hip Bursitis, Comminuted Femoral Head Fracture, Displaced Femoral Head Fracture, Femoral Neck Fracture, Intraarticular Hip Fracture, Acute Injury to Articular Cartilage of the Hip, Avascular Necrosis of the Hip, Dislocated Femoral Head, Torn Hip Ligaments, Torn Iliofemoral Ligament, Torn Ischiofemoiral Ligament, Torn Gluteus Medius, Torn Gluteus Maximus, Arthroscopic Hip Surgery, Hip Fracture requiring Open Repair with Fixation of Hardware, Total Hip Replacement Surgery (Arthroplasty).

Note:  If you injure both of your hips, has its own starting value of 207 weeks in the analysis considered by the chart.

160 WEEK LEVEL

Common Injuries & Terms

Knee:

Torn Anterior Cruciate Ligament (“ACL”), Torn Lateral Collateral Ligament (“LCL”), Torn Posterior Cruciate Ligament (“PCL”), Torn Medial Collateral Ligament (“MCL”), Torn Menisci / Meniscus, Damaged Cartilage, Damage Chondral Surface, Acutely Aggravated Chondromalacia, Arthroscopic Meniscus Repair, ACL Reconstruction Surgery, Arthroscopic ACL Repair, Arthroscopic MCL Repair, Arthroscopic LCL Repair, Arthroscopic PCL repair, Viscous Supplementation Injections, Single Compartment (Uni-Compartmental) Knee Replacement Surgery, Total Knee Replacement, Tibial Plateau Fracture, Tibial Plateau Micro-Fractures, Torn Patella, Fractured Patella, Fractured Articular Surface, Displaced Patella Fractured, Displaced and Retracted Patella Fracture, Knee Surgery with Hardware, External Fixator, Knee Instability, Amputation at the Knee.

Note:  If you injure both of your knees, each has its own starting value of 160 weeks in the analysis considered by the chart.

155 WEEK LEVEL

Common Injuries & Terms

Shin:

Tibia, Fibula, Calf Muscle, Tibia Fracture, Displaced Tibia Fracture, Comminuted Tibia Fracture, Dislocated Tibia with Fracture, Open Tibia Fracture (Through the Skin), Tibia Fracture Required Surgery Repair with Hardware, Non-Union of Tibia Fracture, Surgical Placement of Nail / Rod in Tibia, Fibula Fracture, Displaced / Comminuted Fibula Fracture, Open Fibula Fracture, Fibula Fracture Required Surgery, Closed Fibular Fracture, Fibula Fracture They Do Not Surgically Repair, Torn Calf Muscle, Torn Achilles Tendon, Peroneal Nerve Crush Injury, Calf Surgery, Gastrocnemius Tear, Gastrocnemius Surgery, Torn Soleus, Soleus Surgery, Torn Achilles Tendon, Achilles Tendon Surgery.

Note:  If you injure both of your shins, each has its own starting value of 155 weeks in the analysis considered by the chart.

150 WEEK LEVEL

Common Injuries & Terms

Ankle:

Talus Injury, Talar Dome Injury, Calcaneus Injury, Lateral Malleolus Injury, Medial Malleolus Injury, Comminuted or Displaced Fracture, Tri-Malleolar Fracture, Torn Ankle Ligaments, Arthroscopic Repair of Talar Injury, Arthroscopic Repair of Calcaneal Injury, Arthroscopic Repair of Malleolar Injury, Broken Bones in Ankle, Ankle Surgery, Post-Traumatic Ankle Arthritis, Ankle Fracture, Ankle Fusion Surgery, Ankle Replacement Surgery, Amputation at the Ankle.

Note:  If you injure both of your ankles, each has its own starting value of 150 weeks in the analysis considered by the chart.

110 WEEK LEVEL

Common Injuries & Terms

Foot:

Injury to Navicular Bone, Injury to Cuboid Bone, Injury to Cuneiform Bones, Injury to Metatarsal Bones, Broken Foot, Non-Union of Foot Fracture, Foot Surgery, Foot Surgery with Hardware, Fusion of Foot Bone, Foot Amputation.

Note:  If you injure both of your knees, each has its own starting value of 160 weeks in the analysis considered by the chart.

FOR MORE INFORMATION OR CLARIFICATION:

CLICK HERE AND SUBMIT A FORM FOR A FREE CONSULT

CALL 573-302-7211 TO SCHEDULE A FREE CONSULT

EMAIL:  brad@mcduffeylaw.com

The difference between what the work comp insurance companies offer, and the actual fair value of your Missouri Workers’ Compensation case, is often thousands, if not hundred-of-thousands, of dollars.  Likewise, the percentage of disability you receive from the work comp doctor(s) is often much, much lower than what an appropriate and fair percentage would be; which, translates into thousands, if not hundreds-of-thousands, of dollars.  A difference in your compensation weekly-rate can mean the same.  If you do not factor in things like disfigurement, loading factor(s), off-work pay (“TTD”), mileage, lodging, your health insurer’s interest(s), and/or future workers’ compensation medical treatment; you could be costing yourself thousands, if not hundreds-of-thousands of dollars.

If you do not see your specific work-related injury, condition, or diagnosis; or, you are not yet sure you have one, that is okay!  Reach out.  We cannot know the specific facts of your case, and exactly how the law might apply to them unless you set up a free consultation for us to discuss them.  If at any point in reading through this series, you decide a discussion more specific to the facts of your case would be worthwhile, please call and schedule a free phone, virtual, or in-person consultation.  We have multiple office locations, and we handle personal injury and workers’ compensation claims across the entire State of Missouri.

If we can add value, we will define how within the context of what you will have learned in this workers’ compensation chart series.  If we do not find it likely that you will end up with more money after our attorney fees/costs, then we will explain that we do not believe we cannot add value in that way.  We have no problem explaining the value of an experienced injury or workers’ compensation attorney why that is using the same framework / variables explained in this workers’ compensation chart blog series.  If we need more information before we can honestly assess your claim’s value, we will be upfront in telling you that as well.  If you decide after that consult that you do not want an attorney, even if we believe we can add value, you owe us nothing.  If you decide you need more time to think it over, or discuss it with family or advisors, no problem.  We will not pressure you.  If you decide you would like to consult with other attorneys, or that you might like a different law firm better, you can explore those options.  If you make a decision to retain our law firm, we want that to be your decision, not our strong-arming you.

The choice of a lawyer is an important decision and should not be based on this blog’s information.  This article is not meant to be considered, or relied upon, as legal advice.  This blog is based one attorney’s experience and opinions.  The opinions of other lawyers may be drastically different from my own.

The post INTERPRETING THE MISSOURI WORKERS’ COMPENSATION CHART, PART I: What Are the ‘Little Numbers’ Stamped All Over the Body on the Work Comp Chart? appeared first on workcomp-attorneys.com.

FOR MORE INFORMATION OR CLARIFICATION:

CLICK HERE AND SUBMIT A FORM FOR A FREE CONSULT

CALL 417-448-0691 TO SCHEDULE A FREE CONSULT

EMAIL:  brad@mcduffeylaw.com

The choice of a lawyer is an important decision and should not be based on this blog’s information.  This article is not meant to be considered, or relied upon, as legal advice.  This blog is based one attorney’s experience and opinions.  The opinions of other lawyers may be drastically different from my own.

The post The Top 3 Questions for “Missouri Work Comp” on the Internet appeared first on workcomp-attorneys.com.