Missouri Department of Labor and Industrial Relations

From the Missouri Department of Labor and Industrial Relations

Q. I've been injured on the job, what do I do?

Whether or not the employer believes the injury is work-related, prompt reporting to the employer is necessary and required. Employees should ensure their rights to benefits by providing the employer a written notice of the injury, no matter how minor. To do that the employee must:

  • Report the injury to your supervisor as soon as possible.
  • Tell your supervisor everything you can about the injury - what, where, when and how it happened.
  • Get prompt medical care for the injury.
  • Inform your employer about your medical condition and when you can return to work if the injury caused you to miss work.

An employee who fails to notify the employer of a work injury within thirty days may jeopardize his or her ability to receive workers' compensation benefits.

Q. What are the benefits for an injured worker through workers' compensation?

Workers' Compensation law provides three types of benefits for a person who is injured while performing work-related duties.

  1. The employee is entitled to receive medical treatment for the work-related injury and does not have to pay for that treatment. The employer or insurer makes payment. But remember that the employer has the right by law to select the physician. So if you seek treatment that has not been authorized, you may have to pay for that treatment yourself.
  2. Temporary total disability (TTD) is compensation for the time the doctor says you are unable to work because of the injury. You will not receive TTD benefits for the first three regularly scheduled workdays you are off unless you are off longer than 14 calendar days. Those benefits are calculated at two-thirds of your average weekly wage not to exceed a maximum rate set by the legislature. Your average weekly wage is determined according to how your wages are fixed, whether by the week, by the month, by the year or by some other method, such as amount of sales. Temporary total disability benefits cease when the doctor says you are able to return to work. Although those wages are only two-thirds of your average wage, it is important to remember they are tax-free.
  3. Compensation for a permanent disability. Once a doctor has done all he or she feels can be done medically to help you, and you are not as physically able as you were before the injury, then you have a disability. And if there isn't anything else the doctor can do to make you any better, your disability will be "permanent," meaning you will suffer the effect of the injury from that point on. That disability will either be "total" meaning you are unable to perform any work, or "partial" which means you are able to work but there are limitations or restrictions as to what you are able to do. If you are determined to be permanently and totally disabled, your benefits will continue for the rest of your life. If your disability is a permanent partial disability (PPD), the legislature has established a formula to convert that disability into a dollar amount. The maximum weekly wage amount for a permanent partial disability is less than the maximum for the temporary total disability because the disability is partial instead of total. Compensation is for the disability only. The law does not provide compensation for pain and suffering.

Areas of Practice Include:

Personal Injury

Missouri Personal Injury

Illinois Personal Injury

Fire Litigation and Subrogation

Missouri Workers Compensation

Illinois Workers Compensation

Auto and Trucking Accidents

Wrongful Death

Premises Liability

Traffic Offenses

Business Formation and Litigation

Medicare Secondary Payer Recovery