Under Missouri workers compensation law, there are several types of benefits that you may be entitled to receive as a result of your covered injury. Generally speaking, and as discussed on Work Comp Benefits page from your Missouri workers comp lawyer, there are several types of benefits available.
The worker compensation system in Missouri uses equations to calculate most of the various benefits that are available. These equations are based on the rules that an injured worker is limited to specific, statutorily-scheduled benefits which are usually calculated through an equation. This does not mean they are simple. There is often a lot of disputes between lawyers for injured workers and the insurance defense lawyers about ratings of injuries.
The basis for most benefits in the MO workers compensation system is the compensation rate (or “comp rate”). The compensation rate is a function of the employee’s average weekly wage.
Section 287.250 of the Missouri workers compensation statutes set out how an employee’s average weekly wage is calculated.
The injured worker’s average weekly wage is calculated by reviewing the 13 weeks prior to the date of injury (assuming you had been working for the employer for more than 13 weeks on the date of injury).
Your average weekly wage (or AWW) is calculated by taking your wages earned during the 13 weeks before the injury and add those weeks up and then divide by 13. If you hadn’t been working for the employer for a full 13 weeks, then your total wages are added up and divided by the number of weeks that you did work for that employer.
Once this calculation is complete, you have the AWW. An employee can use this figure to begin the calculation for most benefits recoverable in a Missouri worker related injury.
The next step is to determine the applicable compensation rate for the type of benefits being analyzed. As a general rule, the compensation rate is two-thirds of the employee’s average weekly wage as of the date of injury up to a certain maximum amount.
There are maximum amounts adjusted each year. They are different for permanent partial disability than from temporary total disability, permanent total disability, or death benefits.
Missouri Work Comp Average Weekly Wage Maximums For 2019
Temporary Total Disability
Permanent Total Disability
Permanent Partial Disability
The actual weekly wage rate necessary to attain the maximum benefit rate is $1,4272.62 for Death, Temporary Total Disability (TTD) and Permanent Total Disability and $744.57 for Permanent Partial Disability.
Also, as of July 1, 2019, the mileage allowance for travel expenses is 55 cents per mile.
It’s important to have good documentation on your earnings for the 13 weeks prior to your Missouri Work Comp injury. Your wage rate is determined by taking the average of the 13 weeks of your earnings.
If your TTD does not seem correct, then you should contact your adjuster as soon as possible. If that doesn’t resolve problem you should contact a Missouri Workers Compensation lawyer.
If you would like more information about the Missouri Work Comp process, please request my FREE ebook report Understanding Your Missouri Workers Compensation Case. Don’t worry I won’t sell or give your email to anyone.
If you or or a family member was injured at work or in an on the job accident, The Krebs Law Firm offers a free case evaluation if you have questions.
Many people may be worried that they do not have the money to pay for a Springfield Missouri Workers Compensation Injury Lawyer or Lebanon work comp attorney when they were injured at work but we only handle work comp, accident cases and Social Security Cases on a contingent fee basis. In other words, there is no fee unless we are successful in getting you the benefits that you deserve. Simply call (417) 883-5886 or (800) 345-0535 for your free case evaluation today.