Legal Question in Workers Comp in Missouri

Re: Workmens compensation settlement

If you have not hired an attorney to represent you on your worker's compensation claims, you should certainly do so at once. It sounds from your question as if you are proceeding without counsel, possibly relying on representations made to you by your employer's benefits person or your employer's insurer's representative. If so, stop and consider the fact that you will definitely not receive everything you are entitled to unless you are represented by legal counsel. Your employer's insurer has a duty to it's shareholders NOT to pay out a penny more than absolutely necessary in settlement of any claim. The insurer has a stable of health care providers who routinely write up reports and provide "ratings" such as the one you refer to which assist the insurer in holding down the amount of the payment eventually made on the claim. Your attorney will have you independently examined by a health care provider of your choosing who will provide a "rating" that is fair and may in fact be more favorable to you than the existing rating. Upon this basis your attorney will be able to negotiate a settlement figure which will result in you obtaining more money in compensation even after the attorney's fees are paid than you would recieve if you just handled the entire mater yourself. If you would like to discuss your claim, or anything I have mentioned in this response you may call me for a free telephone consultation at 314-727-2822. I have personally handled worker's compensation claims from both sides for over twenty-four years, and I may be able to help you personally or by referring you to an expert worker's compensation attorney. Even if you choose not to call me, you should call some competent, experienced and honest attorney to advise you further before any further time goes by. I'm sorry that you were injured, and I wish you the best of luck at obtaining all of the compensation to which you are entitled.

Re: Workmens compensation settlement

Handling your own workers' compensation case is a little like doing your own brain surgery- it could turn out okay, but you only get one chance and if you do it wrong, you have to live with it forever!

You are right, 5% sounds low for an operated arm. Workers' compensation has a table of the body, and your payment will be your percentage of disability times the number of weeks for the body part times your rate. The entire body is 400 weeks, and the arm is less, depending on the area of disability. Your rate is two thirds of your average weekly wage for the last 13 weeks before your injury, to a maximum rate.

There is no argument as to the amount of your rate or the amount for any body part. The problem in Workers' compensation comes from figuring the degree of disability. The company doctor usually rates you as though you had a perfect recovery. Your lawyer will find someone who will give you the benefit of the doubt. A judge can decide which one of these doctors is closer to the right number, but only if you have a doctor rating you to present!

Finally, if you have hurt both arms or have other injuries in your past, the Second Injury fund may also come in to play.

Please feel free to call me, without cost or obligation, if you have further questions at 314.621.6519.