How Long Can I Stay on Workers Compensation in Missouri?
May 23, 2019 | Worker's Compensation
If someone is injured on the job in Missouri, depending on the severity of the accident, they could be eligible to receive worker’s compensation benefits for a set amount of time that’s specified in Missouri’s Workers Compensation laws, or for the rest of their life. If you have suffered injuries in a worker’s compensation accident, and keep thinking, “how long can I stay on worker’s compensation in Missouri?” it’s crucial to consult a Missouri Workers Compensation Lawyer and get more information on the requirements for workers compensation benefits in Missouri.
Eligibility for Workers Compensation Benefits in Missouri
In the State of Missouri, if a business has more than five employees, it’s required to carry worker’s compensation insurance to protect the well-being of its employees in case of an accident. An employee is eligible to file a claim with an employer if they are injured while on company property, operating off company property to the benefit of their employer, on the clock at the time of the accident, and the accident wasn’t something that they could’ve prevented.
After a workplace accident has occurred, an employee is required to report the injury to their employer, and include as many details as possible, including the time and date it happened, where it occurred, what injuries they sustained, their name, address, and other information that they feel could benefit their claim. Their employer is then required to submit the employee’s claim to the insurance company within five days of receiving it. Once the insurance company has the employee’s worker’s compensation claim, an official investigation of the employee’s case begins, details from the accident are examined, and a decision is made to accept or deny the person’s claim.
Missouri Workers Compensation Laws
In the state of Missouri, injured employees are required to file a worker’s compensation claim within two years of an accident, or else they risk violating Missouri’s Statute of Limitations for worker’s compensation and losing their right to recover compensation.
In some states, independent contractors and subcontractors are exempt from receiving worker’s compensation benefits. For example, an independent contractor, such as a contracted construction worker or musician. Under section §287.040 of Missouri’s Statute of Limitations, business owners are required to take responsibility for any employee, contracted or otherwise, that is injured or killed while operating in a work capacity on the business’ property.
How Long Can Someone Receive Workers Compensation Benefits in Missouri?
There are four categories of disability that a worker’s compensation injury can fall under temporary partial, temporary total, permanent partial, and permanent total. Each of these disabilities comes with its own eligibility requirements and rules, including the following limits on how much in benefits an employee can receive, and for how long:
- Temporary Partial – 66 2/3% of the difference between an employee’s average weekly earnings prior to the accident and the amount which the employee can comfortably earn during their recovery, subject to the temporary total disability rate of $947.64.
- Temporary Total – calculated at 66 2/3% of the injured worker’s average weekly pay (the average weekly wage is based on your gross wages), not to exceed $947.64, and for no more than four hundred weeks
- Permanent Partial – 66 2/3% of the employee’s average weekly earnings from before the accident, not to exceed $496.38, and for no more than four hundred weeks. However, if you suffer from a permanent partial disability, you could be eligible to receive a lump-sum payment instead of a weekly amount instead
- Permanent Total – weekly payments for your lifetime, at a rate of 66 2/3% of your average weekly earnings at the time of injury, not to exceed $947.64, or you can negotiate a lump-sum settlement
Speak with a Missouri Workers Compensation Lawyer Today
If you are interested in receiving worker’s compensation benefits or are currently receiving worker’s compensation, and you are unsure how long you can stay on worker’s compensation benefits in Missouri, you need to consult an experienced lawyer. No one understands Missouri’s workers’ compensation laws better, or can offer more support, than a Workers Compensation Lawyer in St. Louis who has your case’s best interests at heart.
Christopher Dixon and the Missouri Workers Compensation Lawyers at the Dixon Injury Firm are ready 24/7 to discuss your case and have the experience and drive needed to fight for the best outcome for your workers’ compensation case.
If you or someone you love has been injured in a workplace accident, and you need help determining how long you can stay on workers compensation in Missouri, call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation with our Missouri Workers Compensation Lawyers.