If a worker is injured on the job in Missouri, seeking medical treatment and reporting the injury to the employer are usually the first steps. The employer will then notify their workers’ compensation insurance provider and a claim is filed.
The worker may be entitled to a range of workers’ comp benefits that provide financial support and medical care, depending on the exact nature of their injuries.
But what sums are typically available in these types of personal injury cases? What is the average workers’ comp settlement in Missouri?
Let’s find out….
What is the average workers’ comp settlement in Missouri?
When an injured worker claims compensation in Missouri, the amount awarded is typically equal to two-thirds of their weekly wages for the duration of the injured period or until they reach “Maximum Medical Improvement” (see below for definition).
Based on an average over eight years between 2015 and 2023, the average workers’ comp settlement amount is approximately $22,535.
This does not mean you will receive this amount, however. The facts of your case will be considered at the time the claim is submitted and a determination made based on the circumstances.
Most workers’ comp settlements fall between a broad range of $2,000 and $40,000, but the “average” is boosted by infrequent claims that settle for millions of dollars.
What factors affect the settlement amount?
The main factors that will affect the settlement amount are the type and extent of injury, the treatment required, and whether any disability resulted—and if so, how much disability?
The amount awarded is also affected by the normal wages of the injured worker and the costs of current and future medical care for the injuries.
Types of workers’ compensation benefits available
The following types of benefits may be available to injured workers in Missouri:
- Medical benefits for treatment (present and future)
- Disability benefits
- Rehabilitation benefits
- Death benefits
- Lost wages
How are workers’ compensation settlements calculated in Missouri?
Workplace accidents are broadly categorized as follows:
- Soft tissue injuries, such as sprains, strains, and contusions
- Complex injuries, such as broken bones and lacerations
- Severe injuries, such as permanent disfigurement, brain injury, spinal cord injury or death
Each case will be handled according to the circumstances. There is no set formula to punch numbers into.
Besides the guideline of two-thirds of weekly wages, several other factors will be considered when assessing workers comp claims. These include the severity of the injury, the pain and suffering it has caused, the medical expenses incurred (current and future), the amount of lost wages that have resulted, and the level of fault and negligence attributed to the employer/worker.
As you might expect, workers who have suffered more serious injuries can generally expect higher workers’ comp settlement amounts, due to the higher medical expenses and lost wages due to an inability to work.
Other considerations for workers’ comp claims
If disability is involved in a workers’ compensation claim, the following guidelines will be useful:
- Temporary Total Disability (TTD): the injured employee is paid a set percentage of their salary during the time they’re unable to work because of injuries.
- Temporary Partial Disability (TPD): awarded to workers who can return to work but will generally not be eligible to earn more than a set percentage of their pre-injury wages.
- Permanent Total Disability (PTD): awarded to an injured worker who is unable to work in their chosen occupation or another one that aligns with their education, training, trade or experience.
It can also be useful to familiarize yourself with these other definitions and guidelines when submitting a workers’ compensation claim:
- Maximum Medical Improvement (MMI): this is the point at which a medical professional believes that a worker’s condition has stabilized. Establishing this is often one of the last steps before a settlement is paid out.
- Wrongful Death Claim: the family of individuals who suffer a fatal injury at work may receive a lump-sum settlement in addition to any pre-existing pension or death benefits.
- Statute of Limitations: the deadline for filing a workers’ compensation claim in Missouri is two years after the date of the injury or death. Generally, after this date, individuals can no longer file a successful claim or recover benefits.
What is a workers’ compensation settlement agreement in Missouri?
When a workers’ compensation claim is made, the workers’ compensation insurance provider will contact the employee and attempt to negotiate a settlement.
These insurance providers work like most insurers to reduce the losses incurred by limiting payments as much as possible.
Most times, when an acceptable amount of compensation is agreed upon, a workers’ comp settlement is signed. This is a legal agreement between the employee and the employer whereby the liable party (the employer) pays a sum of money to the injured party.
Most settlements involve a single payment although recurring (structured) payments are also sometimes negotiated.
These settlements are the most common means of settling workers’ compensation but they are voluntary. There is no obligation to accept the award proposed by the insurance company.
What’s the best way to maximize your workers’ comp settlement in Missouri?
Often, advocacy from a seasoned workers’ compensation lawyer will ensure that you don’t agree to anything against your interests and, potentially, increase the amount awarded.
Your lawyer will help you understand the relevant laws and how they apply to your case. He/she will protect your rights, help you file a workers’ compensation claim, and negotiate with the insurance company.
We understand the strategies used by insurance companies to reduce payouts, which generally run counter to the best interests of injured workers. It shouldn’t be difficult to receive fair compensation for injuries suffered at work—but the profit-based interests of insurance companies often create difficulties. Disputes and low-ball settlements are common.
An experienced workers’ compensation lawyer can help you navigate the procedures, negotiations, and potential delays involved in receiving fair compensation—especially if your injuries have left you or a loved one partially or totally disabled.
Once you settle a workers’ compensation claim in Missouri, there is no going back. The case will be considered closed. So, it’s a good idea to discuss your situation with a qualified personal injury lawyer before signing any paperwork.
If you need to file a workers’ comp claim in the Liberty area of Missouri and require legal assistance, please contact the seasoned personal injury lawyers at Noland Law Firm, LLC for a free case evaluation. Call us at (816) 781-5055 or contact us directly online.
