Legal Frequently Asked Questions (FAQs): Get Your Injury, Accident, And Insurance Questions Answered By Attorneys Who Know The Law
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Can I file for Unemployment Compensation benefits when I am off work and getting treatment for my work injury?
Section 287.170.3 RSMo. states that applying for unemployment and receiving unemployment benefits disqualifies employee from receiving any workers' compensation benefits while they are receiving unemployment benefits. If you apply for unemployment benefits, you will not be able to receive any workers' compensation benefits for temporary total disability for the same weeks in which you receive unemployment benefits.
What is PTD (permanent total disability) and how does a worker obtain these benefits?
When a worker suffers a work-related accident, and he or she is unable to return to any reasonable work, then a claim should be evaluated to determine whether the worker is permanently and totally disabled. Section 287.020.6 states "'total disability'...shall mean inability to return to any employment and not merely mean inability to return to the employment in which the employee was engaged at the time of the accident." So, if an injured worker cannot go back to his old job, the question then becomes, can he go back to any job? To answer this question, you will need the testimony of a physician and, most likely, the help of a vocational rehabilitation expert who support the claim that the workers is permanently and totally disabled.
I have a terrible scar on my arm after the workers' compensation doctor performed surgery. Can I get any additional compensation for my scar?
Scarring and disfigurement is also compensable, but only if the scarring is sustained to the head, neck, hands or arms. Section 287.190 states that the Division or Commission may allow an additional sum of compensation for disfigurement as it may deem just, up to a maximum of 40 weeks of compensation.
What are TPD (temporary partial disability) benefits and when can I receive these types of benefits?
Temporary partial benefits can be paid if the employee is still rehabilitating, but is able to perform some work during the rehabilitation period. If the pay is less than his average weekly wage, then the worker can be paid benefits equal to 2/3 “of the difference between the average earnings prior to the accident and the amount which the employee, in the exercise of reasonable diligence, will be able to earn during the disability, to be determined in view of the nature and extent of the injury and the ability of the employee to compete in an open labor market.” § 287.180 R.S.Mo.
What are TTD (temporary total disability) benefits and how much will I receive in these benefits?
Section 287.170 RSMo. requires employers to pay employees 2/3 of their average weekly wage, up to a maximum of 105% of the state’s average weekly wage. Temporary total disability (TTD) or temporary partial disability (TPD) benefits shall be paid while an employee is off work throughout the rehabilitative process.
Two interesting additions to the statute include the following:
An employee is disqualified from receiving temporary total disability during any period of time in which the claimant applies and receives unemployment compensation.
If the employee is terminated from post-injury employment based upon the employee's post-injury misconduct, neither temporary total disability nor temporary partial disability benefits are payable. "Post-injury misconduct" shall not include absence from the workplace due to an injury unless the employee is capable of working with restrictions, as certified by a physician.
Am I eligible for Missouri workers' compensation benefits if I have an auto accident on my way to work?
No. Injuries that occur going to or coming from work are not covered by the law. There are some exceptions to that general rule. For instance, if you travel from one job to the next, then you may be covered.
What can I do if the company doctor tells me I am fine after a Missouri workplace accident, but I can tell that something is wrong that may require surgery or some kind of therapy?
Despite your employer stating that you are fine after being injured in a Missouri workplace accident and undergoing treatment, if you feel you may require additional medical treatment of any type, then you should seek legal counsel. A St. Louis Workers' Comp lawyer can take the time to sit down with you and discuss your case.
At some point your employer may indicate that you have reached maximum medical improvement (MMI), which is the stage of your healing in which nothing more can be done. It could be that your medical condition is at a point in which there can be no further improvement or it could be that you are considered to be totally healed.
However, you may believe that surgery or some therapy could help. In this case, you may need to seek help from a lawyer who handles Workers' Compensation claims.
When your employer believes you have reached MMI, then your temporary total disability benefits can be stopped. This also means you may not be able to undergo any further treatment.
You may then request that your employer send you for a second opinion. In most cases, the employer will deny this request. Even if they do allow it, it does not mean they will agree with what the next doctor says about your need for additional medical treatment.
In any event, you will likely need a St. Louis Workers' Comp lawyer to help you determine exactly what you are entitled to. When a Missouri workplace accident results in injuries, then you should know what your rights are as a worker.
Contacting a St. Louis Workers' Comp Lawyer
If you have been injured in Missouri from a workplace accident, it's important that you seek legal guidance from a St. Louis Workers; Comp Lawyer who understands the intricacies of these very complex cases. The lawyer team at Bollwerk & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.
What if I am having trouble performing the job they've given me, but the doctor says it falls within my abilities after suffering injury in a Missouri workplace accident?
If you're having trouble performing your job after a Missouri workplace accident, and the doctor says it falls within your capabilities then you may need to seek legal help. A Missouri Workers' Compensation lawyer can evaluate your case to determine what your rights are and what your next steps should be.
Although a doctor may have given the okay for you to return to work and they've indicated that your tasks fall within your abilities, you may find you're still in pain or dealing with other serious symptoms.
The first thing you need to do is go to your employer and tell them. You can then request to be seen by the doctor again. Although the employer should give you the "okay," if they don't, then you may need to speak with a lawyer who handles Workers' Comp cases.
If your employer agrees to let you see the doctor again and you're told that you can still perform your job duties, you should also seek legal help. A lawyer can help you get a second opinion, if necessary.
A second opinion may result in the need for additional medical treatment. This may lead to your employer fighting against it, for which you would need legal representation.
If, however, the doctor does agree that you shouldn't continue working, then you're entitled to receive total temporary disability benefits (TTDI) once again. If there's a dispute with this, then a lawyer may also become necessary.
If at any time you have a question concerning your rights, when it comes to a Missouri workplace accident, it's best to seek help from a Missouri Workers' Compensation lawyer. They can help you understand your rights and explain what you can do to protect them.
Contacting a Missouri Workers' Compensation Lawyer
If have been injured in Missouri from a workplace accident it's important that you seek legal guidance from a Missouri Workers' Compensation lawyer who understands the intricacies of these very complex cases. The lawyer team at Bollwerk & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.
What is TTD as it relates to my Missouri workplace accident?
If you were injured in a Missouri workplace accident, then you could be entitled to receive temporary total disability (TTD). To learn what your rights are and what types of benefits you may be qualified for, you should speak with a Missouri Workers' Comp lawyer.
When you have been injured while on the job and you are told by your treating physician that you cannot work, you are entitled to take those days off. When a work injury results in temporary disability, then TTD benefits may be available. However, TTD will only kick in after you have missed 3 days of work.
Your benefits will be based on two-thirds of your average weekly income, up to a certain amount. This amount is determined by how much you earned in the 13 weeks preceding your Missouri workplace accident. An average of those earnings will be used in making the calculation.
Figuring this amount is much easier when you have worked at the same place for at least 3 months and if your hours of work are the same each week. It can become more difficult to determine the amount when you have experienced a job change, have fluctuating work hours or your earnings are based on commission.
So the best way to know if you are receiving the right amount of TTD benefits is to seek legal counsel from a Missouri Workers' Comp lawyer. A lawyer has the ability to look at your case and determine if you are receiving the full average weekly income that you are entitled. They can also help ensure that you are treated fairly.
Contacting a Missouri Workers' Comp Lawyer
If have been injured in Missouri from a workplace accident it's important that you seek legal guidance from a Missouri Workers' Comp lawyer who understands the intricacies of these very complex cases. The lawyer team at Bollwerk & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.
Should I contact my Missouri Workers' Compensation lawyer if the company doctor says I need surgery, but also wants me to get a second opinion?
If your employer's doctor indicates that surgery is necessary but your employer says you must first get a second opinion, you should certainly relay this information to your Missouri Workers' Compensation lawyer.
Your employer cannot demand that you get a second opinion before approving your surgery. This is sometimes the result of an attempt to have you eventually seen by a doctor who disagrees with the need for surgery. This would then eliminate your employer's responsibility to pay for it. Your Missouri Workers' Comp benefits are available to pay for any surgery or other treatment plan a doctor advises.
Your lawyer can evaluate the facts of your case to determine if your rights to Missouri Workers' Comp benefits are being violated.
If you have any other questions pertaining to your Missouri Workers' Comp benefits or if you need clarification on any aspect of your claim, you should speak with a lawyer.
A Missouri Workers' Compensation lawyer will ensure your legal rights are protected and fight for you in the effort to secure your full compensation after a serious work injury.
Contacting a Missouri Workers' Compensation Lawyer
When a workplace accident in Missouri causes serious injury or death, Missouri Workers' Compensation is often the primary source of benefits to address the damages. Order our FREE guide to Missouri Workers' Compensation for injured workers and learn more about this often complicated system. If you have questions about Missouri Workers' Compensation or your claim has been denied, delayed or unfairly reduced, contact the Missouri Workers' Compensation lawyer team at Bollwerk & Tatlow, LLC - 314-315-8111.