In addition to medical benefits, an employee may be entitled to temporary total disability benefits and permanent partial or permanent total disability benefits. Upon the death of a worker who has suffered a compensable work injury, certain surviving individuals may be entitled to weekly benefits from the employer/insurer. The employer/insurer is also responsible for paying for funeral expenses for up to $5,000.
Payment for Lost Wages
If the doctor says that you are unable to return to work due to your injury(ies) or you are off work recovering from a surgery, you may be entitled to temporary total disability (“TTD”) benefits. If the doctor states that you can perform light or modified duty work and your employer offers you such work, you may not be eligible for TTD benefits. TTD benefits should be continued until the doctor says that you can return to work or when your treatment is concluded because your condition has reached “maximum medical improvement,” whichever occurs first.
If you return to light or modified duty at less than full pay, the workers’ compensation law requires that temporary partial disability benefits be paid to you.
Permanent partial disability means that your work injury affects your ability to do certain jobs or work tasks but you are still able to work in some capacity (not necessarily the job you had at the time of your injury). Permanent total disability means that you are no longer able to work at any job. If your last work-related injury alone causes your permanent total disability, you may be entitled to weekly payments for life from your employer and its insurer, or you may want to negotiate a lump-sum settlement instead of the weekly lifetime payment. If your last work-related injury combined with prior disabilities causes your permanent total disability, your employer and its insurer may only be responsible for permanent partial disability and you will have to file a “claim for compensation” against the Second Injury Fund to receive any permanent total disability payments.
Compensation is not paid for the first three business days or less of disability if you are unable to work (this is called a waiting period). If you are unable to work for more than 14 days the “three-day waiting period” will be paid. Disability payments and medical bills are paid by your employer’s workers’ compensation insurance company. If a medical bill is not paid or you do not receive a disability check in a timely manner, contact your employer or insurer. Workers’ compensation payments are tax free.
- Temporary Partial Disability
- These benefits are generally paid weekly and should be 66 2/3% of the difference between the average earnings prior to the accident and the amount which the employee, in exercise of reasonable diligence, will be able to earn during the period of disability, subject to the maximum TTD rate.
- Temporary Total Disability
- The benefits provided for temporary total disability are calculated at 66 2/3% of the injured worker’s average weekly wage, not to exceed a maximum amount set by the law. The average weekly wage is based on your gross wages (your pay before taxes and other deductions).
- Permanent Partial Disability
- The benefits are calculated at 66 2/3% of the employee’s average weekly earnings as of the date of the injury, not to exceed a maximum amount set by the law. However, if you suffer from a permanent partial disability, you may receive a lump-sum payment based upon the nature and extent of the disability.
- Permanent Total Disability
- If you are permanently and totally disabled, you may receive weekly payments for your lifetime, or you may negotiate a lump-sum settlement. The amount of the weekly payment is based upon 66 2/3% of your average weekly earnings at the time of the injury, not to exceed a maximum amount set by law (this maximum amount is much higher than the maximum amount for permanent partial disability).
Effects of Your Workers’ Compensation Case on Other Benefits
For information about the effect on other benefits, read Effects of Your Workers’ Compensation Case on Other Benefits.
Emergency Personnel Killed in the Line of Duty
Benefits are available for survivors of firefighters, volunteer firefighters, law enforcement officers, air ambulance pilots, air ambulance registered professional nurses, and emergency medical technicians who are killed in the line of duty when:
- death is caused by an accident or willful act of violence of another;
- the individual is in the active performance of his/her duties and there is a relationship between the accident or commission of the act of violence and the performance of the duty, even when off duty;
- the individual is traveling to or from employment; or the individual is taking a meal break or other break while on duty;
- the injury is the cause of the death.
See the Line of Duty Compensation Act Section 287.243 RSMo.
A $25,000 death benefit shall be awarded to the estate of the individual killed in the line of duty. The death benefit is in addition to any other pension rights, death benefits, or other compensation to which the claimant may otherwise be entitled by law. To claim benefits, the estate of the deceased must file a Claim for Compensation for Line of Duty Compensation Benefits with the Division within one year from the date of death.
Related: Obtaining A Lawyer
DISCLAIMER - More Information
The Injured Workers section of the Workers' Compensation portion of this web site is targeted specifically to injured workers and is intended to be a resource throughout the workers' compensation claim process. It is NOT intended to be a substitute for legal representation.
Employers seeking information about the workers' compensation process and their responsibilities regarding workers' compensation should use the Employers section of the Workers' Compensation portion of this web site to find information targeted specifically to them.
Additional information about Missouri Workers' Compensation laws, the Division of Workers Compensation, the Second Injury Fund and more may be found via the Workers' Compensation home page.
Please keep in mind the information specialist cannot act as your legal counsel and cannot give you legal advice. The information specialist can provide you with general information but cannot advise you whether the settlement offer is appropriate for your injury.