In the state of Missouri, employers are liable for accidental employee injuries, including cases of fault and negligence. There are different equations for each benefit offered.
How to Calculate the Average Weekly Wage
Each section of the Missouri workers comp body chart uses the average weekly wage to determine benefits. The average weekly wage is the total wages earned 13 weeks before the injury divided by 13.
For employees that worked less than 13 weeks before the injury, it is total wages earned divided by the number of weeks worked. For example, if John Doe received $7,865 in the 13 weeks leading up to his injury, his average weekly wage is $605. This number determines the rate of compensation, which is usually two-thirds of the average weekly wage. After calculating the average weekly wage, it is easy to use the Missouri workers’ compensation chart.
Calculating Permanent Partial Disability
The MO work comp chart determines the Permanent Partial Disability award amount using the rate of compensation, level, and disability percentage. Level indicates the area of the body affected by the injury. The Missouri workers’ compensation chart assigns level values to each body part. If there is no specific level for the injured part, beneficiaries sometimes claim a whole-body disability (called “Entire Person” on the chart). Meanwhile, a medical expert determines the disability percentage.
The calculation for permanent partial disability uses these three values:
(Rate of Compensation) x (Level) x (Disability Percentage) = (Award Amount)
Temporary Total Disability
Missouri workers’ compensation includes benefits for employees suffering from a temporary work-related injury. Temporary Total Disability awards workers lost earnings when they miss work due to injury recovery. This benefit compensates an employee if they cannot work for more than three consecutive days. TTD pays benefits until the employee returns to work or attains maximum medical improvement, or MMI.
Permanent Total Disability and Death Benefits
When a work injury results in death or severe disability, the Missouri workers’ compensation chart helps determine benefits for either beneficiaries or workers unable to seek employment. In the state of Missouri, a worker has a Permanent Total Disability if:
- Their injuries make them unemployable in the labor market
- A combination of their injuries and pre-existing conditions make them unemployable
The death of a worker due to work-related injury may entitle surviving dependent(s) or their spouse to compensation. Typically, death benefits are split between the spouse and the minor dependents. Under most circumstances, spouses receive benefits until death or remarriage, while minor children receive benefits until the age of 18.
Contact a Skilled Missouri Workers’ Compensation Lawyer
Workers’ compensation cases are largely determined on a case-by-case basis, so it’s important to consult with a lawyer.
For more information or to get started on your case, contact Cottrell Law Office today.
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