In this third post on frequently asked questions about Missouri Workers' Compensation Law, Kansas City, Missouri, workers' compensation lawyers address the types of disability benefits available to injured Missouri workers to compensate them while they are off work and in medical treatment due to their injury, and other issues involving off-time benefits.
If I am off work due to an injury, am I entitled to compensation for lost wages?
Possibly, depending on how many days you are off work and whether the treating physician specifically took you off work due to the injury. Where the treating physician determines that you cannot work because of a work-related injury, so long as you miss more than 3 regularly scheduled work days, you are entitled to temporary total disability benefits (TTD) to compensate you for your lost wages. You will not be paid wages or TTD for the 3 day waiting period unless your time off extends past 14 days, at which time the insurance company should pay TTD for the initial 3 days missed.
TTD benefits are paid as 2/3 of your average weekly wage in the 13 weeks prior to your injury up to a statutory maximum benefit. The current maximum TTD rate for injuries sustained after July 1, 2011, is $811.73. TTD benefits should be continued to be paid in the same manner as your ordinary income (but at least every 2 weeks) until your doctor releases you to return to work, or your treatment is finished because you have reached maximum medical improvement.
Will being terminated affect my eligibility for TTD compensation?
IF you are terminated for post-injury misconduct, than the employer and insurer may have a valid defense to paying you TTD benefits.
If I am on modified duty and earning less than before the injury, am I entitled to compensation?