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A serious work-related accident can change everything in an instant. When a doctor tells you that your injury or the illness you developed from your job will not fully heal, it can be deeply unsettling. You are likely worried about your income, your future ability to work, and how you will pay ongoing medical bills. You have a right to focus on your recovery without the stress of fighting a complex insurance system.
When an injury causes a permanent change to your body, the Missouri workers' compensation system recognizes your right to specific financial benefits. These rights exist to provide a sense of security when your ability to earn a living has been reduced.
This process is challenging, and insurance companies often try to minimize the benefits you receive. If you are dealing with a lasting injury from a work accident, don't wait to find out where you stand. Our focused team is ready to provide tenacious support and clear direction.
Contact Webster & Carlton right away for a free, no-cost consultation by filling out our online form or calling (417) 545-3775.
What Does "Permanent Disability" Mean in Missouri Workers' Comp?
The term "permanent disability" might sound like you can never work again. Still, in the Missouri workers' compensation system, it often has a different meaning. It is used to describe an injury or illness that has reached "Maximum Medical Improvement" (MMI)—meaning your doctor believes further treatment will not make your condition better—but you still have a lasting physical change or limitation.
Missouri law divides permanent disability into two main categories:
Permanent Partial Disability (PPD)
PPD is the most common form of permanent disability benefit. It is compensation for the permanent loss of use of a body part, or for a permanent reduction in the use of your body as a whole.
- Simple Definition: This is a monetary award (a check) that pays you for the lasting damage your injury caused. It is calculated even if you can return to work.
- Examples: A lasting injury to your shoulder, a loss of motion in your knee, or long-term back pain that never entirely goes away.
- Key Concept: The Impairment Rating: To figure out how much PPD compensation you get, a doctor will assign an impairment rating. This is a percentage that reflects the permanent physical loss caused by the injury. For example, a doctor might say your injured arm has a 10% permanent impairment. This rating is then used to calculate your PPD award according to a schedule established by Missouri law.
Permanent Total Disability (PTD)
PTD means that the work injury has left you completely unable to return to any form of paid employment for the rest of your life.
- High Hurdle: This is a significantly more challenging standard to meet. It is reserved for catastrophic injuries that prevent a person from performing the mental or physical demands of any job.
- The Benefit: If you are found to be PTD, you are entitled to weekly payments for the rest of your life.
- The Fight: Insurance companies almost always fight PTD claims. Suppose you are facing this level of disability. In that case, you require focused legal support to demonstrate that your condition renders you unemployable.
Your Right to Medical Care and Wage Replacement
Beyond the final PPD or PTD award, you have rights during the entire workers' compensation process in Springfield, MO.
Right to Necessary Medical Treatment
The Missouri workers' compensation system requires your employer's insurance company to pay for all necessary and reasonable medical treatment that is related to your injury. This right continues even after you reach MMI and are awarded your disability benefits.
- Coverage Includes: Doctor visits, surgery, physical therapy, prescription medication, and medical equipment.
- Employer's Choice of Doctor: In Missouri, your employer has the right to choose the medical provider for your treatment. However, you have the right to seek a consultation with your own physician, though you may have to pay for it yourself.
- The Right to Dispute: If the insurance company denies a specific treatment recommended by the authorized doctor, you have the right to challenge that denial. This is a common battle that a lawyer can fight on your behalf.
Right to Temporary Disability Payments
While you are recovering and cannot work, you are entitled to payments that replace a portion of your lost wages. This is referred to as Temporary Total Disability (TTD).
- When TTD Ends: TTD payments stop when you return to work or when your authorized doctor says you have reached Maximum Medical Improvement (MMI).
- Crucial Step: Follow your doctor's instructions carefully. If you miss appointments or fail to follow the treatment plan, the insurance company could use that to argue against your right to TTD benefits.
Why Legal Guidance is Essential for Permanent Injury Claims
For a permanent disability, the insurance company's goal is to keep your impairment rating—and therefore your final compensation—as low as possible. They have lawyers working for them; you should have someone fighting on your behalf.
An experienced firm like Webster & Carlton can help you tenaciously fight for the compensation you deserve by taking the following actions:
- Reviewing the Rating: We can review the impairment rating your employer's doctor gave you. If it seems too low, we can arrange for an Independent Medical Examination (IME) with a different doctor to get a more accurate assessment.
- Documenting the Impact: We collect evidence that shows how your injury affects your daily life, not just how it looks on paper. This includes testimonies from family or friends and proof of any restrictions from your doctor.
- Negotiating Fairly: We deal directly with the insurance company's attorneys, ensuring that any settlement offer is fair and maximizes the benefits you are owed under Missouri law.
The process of navigating Missouri's workers' compensation claims can be overwhelming when you are also focused on recovery. Our goal is to shoulder that burden for you.
Protect Your Future Today
Suppose a work accident in Springfield, MO, has left you with a lasting disability. In that case, you have the right to focused, tenacious representation. Our firm is committed to providing compassionate guidance while vigorously advocating for you to receive full compensation for your medical expenses and any resulting financial losses.
Don't let the complexity of the law prevent you from getting what you deserve.
Contact Webster & Carlton today at (417) 545-3775 or visit us online to schedule your complimentary, no-cost consultation and discover more about your rights.