Legal Question in Workers Comp in Missouri
I work 2 jobs a full time and part time. I was injuried 2 fingers at my part time job and they have light duty for me but my full time job will not let me work. So is my part time job required to pay for wages I am losing?
2 Answers from Attorneys
Hi. I am sorry to hear about your injury. Under the Missouri workers' compensation statute, you are entitled to three types of benefits when an injury occurs on the job. First, you are entitled to payment of all medical costs for any treatment related to your injury. Second, you are entitled to payment for time missed from work due to your injury, from the job that the injury happened at. Third, if you have any type of permanent or long-term impairment or restrictions, you are entitled to what is known as a "permanent partial disability" lump sum settlement. The amount of this settlement can vary substantially, depending upon whether or not you have an attorney assist with the claim, whether the attorney recommends a doctor to give a second, independent assessment of the level of disability you may have in your fingers, and whether any future treatment may be needed.
A few more details would be needed to determine if you can recover compensation for lost wages from your full time position in this situation. In Missouri, there is a "second injury fund", which is a state-funded program that will often pay for additional wages lost for a person who works two jobs. However, currently the fund is not handling new claims, as the fund is essentially out of money (this happened in just the last month). However, there are other potential sources to look to for reimbursement for wages lost from your full time position. How severe is the finger injury? Also, was the injury due to the fault of any other person? If so, you may have a separate civil claim in which you are entitled to all lost wages, regardless of which job you missed work from. I am a Missouri workers' compensation attorney that handles claims in most parts of the state. I can be reached via e-mail, for your convenience, at [email protected]. Thanks.
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and Mr. Harvath.
You certainly do need to consult with an attorney who handles worker's compensation matters. If you do not already have an attorney, please feel free to contact me at my office and I will be happy to refer you to one of the very best worker's compensation attorneys in the State!