After an employee has been injured on the job and notified all of the proper parties, it is only natural for them to wonder what type of workers’ compensation they are entitled to receive. Most of the time, it is pretty straight forward. However, when situations change and wages lost, and medical treatment expenses will be required for a more extended than the expected period, the insurance company may dispute your claims. It is a good idea to know what to do in the event such a situation occurs.
What type of compensation can I receive for lost wages and medical costs?
Lost earnings are based upon an employee’s after-tax average weekly salary. That salary average would be calculated using the highest-paid 39 weeks during the 52-weeks before you were injured. Checks won’t start until a person has been disabled for at least one week. All necessary medical treatment should be covered 100% with no co-pays or deductibles.
What if my situation changes and my injury turns into a longer-term disability?
Workers’ compensation law gets more complicated when an employee’s situation changes.
Returning to work at a reduced wage
Some people come back to work under restriction from their doctors. It is not uncommon for the employer’s insurance company to try to reduce pay because of the disability. However, if a person can’t earn the full amount of salary they were receiving before their disability, their workers’ compensation wage loss benefits should make up the difference. If the insurance company refuses to cover the difference, you should talk to an attorney.
Additional medical treatment months or years later after the injury
After a workplace injury, some people may require extra medical care for months or years. After the insurance claim has been closed, it can be challenging to get compensation for the additional medical treatment. If a doctor orders the additional medical treatment, and it was a result of the prior workplace injury, the insurance company may refuse to pay for the additional treatment. If this is the case, you should talk to an attorney.
Some injuries can result in permanent disability. Many times, the insurance company will want to settle current and future wage loss and medical treatment claims for a lump sum cash payment. Beware, often such settlement offers are low-ball offers. You should consult a St. Louis workers’ compensation attorney to obtain the maximum amount you are entitled to receive.
Under Missouri laws for workers’ compensation, the compensation a worker receives for lost wages or medical treatment compensation might be capped or limited by the employer’s insurance company. Experience interpreting the law, following it to the letter, and dealing with insurance companies is essential to ensuring you receive the maximum benefits you are entitled to receive.
If you have been injured on the job in St. Louis, Missouri, before you agree to an insurance company settlement, contact the attorneys experienced in workmen’s compensation at Walton Telken Injury Attorneys to advise you of the maximum benefits to which you are entitled.