The Missouri Department of Labor and Industrial Relations (Department) handles workers’ compensation coverage issues for injured workers throughout the state. While the employer’s insurer handles the initial part of Kansas City permanent disability workers’ compensation claims, the Department steps in to help handle disputes between workers, employers, and insurers.
Additionally, the Department sets the standards for workers’ compensation coverage percentages and amounts and determines what qualifies as a permanent disability. Missouri recognizes two types of permanent disabilities: total and partial. The type of disability does not affect whether a worker is eligible for permanent disability payments, but it may impact the amount and duration of those payments.
One of the central arguments that workers and insurers have is the classification of the nature of an employee’s injury. Understanding the terms, permanent or temporary, and total or partial disability, can help you understand your benefits eligibility. For more information, call a seasoned employment benefit disability attorney today.
Employees with approved workers’ comp claims in Kansas City receive various benefits. The primary benefit is coverage for medical treatment. While the employer and their insurer can dictate facets of medical care, including whether or not to continue specific treatments based on the likelihood of recovery, this benefit otherwise provides for complete care and treatment of an injured worker.
The insurer uses the doctor’s evaluation of your condition to determine your eligibility. This can become an issue when the doctor works extensively with the insurer and may have a conflict of interest.
When a doctor determines that the injured worker cannot return to work for a limited time, the worker may be entitled to lost wages and temporary total disability benefits. Temporary benefits are based on two-thirds of the employee’s average weekly wage.
When a worker is not totally disabled and can perform light duty or modified work, and the employer offers it, the employee is not entitled to disability payments. Temporary disability payments do not last for a specific time. Instead, they continue until the employee returns to work or has reached maximum medical treatment.
There are two types of permanent disability for workers’ compensation claims in Kansas City—permanent partial disability and permanent total disability. With a permanent partial disability, the employee has an injury that affects their ability to do some work, usually including their job at the time of the injury.
Permanent total disability means that the employee is unable to work at any job. In that instance, the employee may be entitled to weekly payments for the rest of their life. Instead of taking weekly payments, you may want to get a lump-sum settlement. With a lump-sum settlement, you can pay for expenses, invest the money, and have more control over your financial future.
For permanent partial disability payments, the benefits are 66 and 2/3 percent of the employee’s average weekly wage at the time of the injury, up to a mandated maximum. For permanent total disability, the percentage of the wage is the same amount, but the maximum total payment amount is higher. Either way, you can take the weekly payments for life or negotiate a settlement for a lump sum.
In an ideal world, workers’ compensation insurers would settle fairly with injured employees and pay them the total value of their permanent disability claims. In reality, insurers and employers often attempt to lowball employees with their settlement offers. In that case, the Department has a Dispute Management Unit with a voluntary alternative dispute resolution process to help employees reach an agreement with insurers.
When mediation is unsuccessful, you can file a Request for Conference with the insurer’s lawyer. If that process does not go in your favor, you can ask for a hearing. An attorney could help you with a Kansas City permanent disability workers’ compensation claim. Schedule a consultation to learn more.
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