Employers in the United States may be liable for injuries sustained by their employees while working under them, specifically when employment under them puts them in hazardous conditions. To this end, the government mandates that employers provide workers’ compensation in the case of economic damages to their employees. Ideally, this insurance protects employees from the consequences of work-related injuries.
However, in many cases determining economic damages can be challenging. There are many different facets of a workers’ compensation case that may consist of economic damages. Medical bills may be the first and most obvious, but there may be many more areas of life that are covered by workers’ compensation.
For more detailed information on what economic damages are and are not covered in a workers’ compensation case, consider speaking with an experienced Missouri workers’ compensation attorney from Steelman Gaunt Crowley. Schedule a consultation today by calling the office at (573) 341-8336.
Missouri Workers’ Compensation Laws
Workers’ compensation is a form of insurance that offers wage replacement and compensation for injuries sustained while working, and it is required for businesses with five or more employees in Missouri. The Department of Workers’ Compensation, which is a branch of the Department of Labor & Industrial Relations, administrates and oversees the implementation of workers’ compensation insurance. This division may also monitor the insured status of employers as well as ensure that injured employees receive their benefits.
An additional facet of workers’ compensation is the protection it offers employers. While there are many workers’ compensation benefits for employees, by agreeing to be insured under the company, a worker may give up their right to sue or litigate the company for personal injury. This generally means that the most effective way to seek compensation for a workplace injury is through a workers’ compensation case.
Common Damages in Workers’ Compensation Cases
Workers’ compensation insurance generally covers economic damages that result from workplace injury. This means that additional expenses incurred as a direct result of the injury in question may be covered by workers’ compensation. Some common damages covered by workers’ compensation include:
- Medical bills: Damages from injuries including hospital bills, the cost of an ambulance, or any other medical costs may be covered by workers’ compensation in Missouri.
- Illnesses: Certain workplaces may expose employees to diseases or illnesses, which may also be covered by workers’ compensation.
- Disability benefits: These benefits cover lost wages for employees who are unable to return to work for a time, called temporary total disability, and for those who return to work in a lesser capacity, called temporary partial disability.
- Necessary expenses: Additionally, any extra costs incurred due to the injury, such as the cost of gas for trips taken to the hospital due to the injury or illness.
- Rehabilitation: Workers’ compensation may also cover economic damages related to returning an employee to full health, such as physical therapy or vocational training.
- Death benefits: In the event of wrongful death, workers’ compensation may also cover economic damages relating to funeral costs and compensation to dependents or a spouse.
For more information regarding recoverable damages in a workers’ compensation case, consider speaking with a skilled workers’ compensation attorney from Steelman Gaunt Crowley.
How to Calculate Economic Damages
In a workers’ compensation case, understanding economic damages is generally the key to calculating the total value of a settlement. Therefore, those seeking compensation may benefit from understanding how to calculate economic damages and what may be included in this category. When calculating economic damages, the process generally comes down to simple math. The injured party must compile the extent of costs incurred as a result of the injury, including medical bills, lost wages, extraneous costs, and other charges.
However, the more challenging part is understanding what can be included in this list. Failure to properly assess economic damages in a workers’ compensation case could lead the individual to miss out on damages that are owed to them. Therefore, legal expertise and experience may help point the individual in the right direction when calculating economic damages.
Does Missouri Workers’ Compensation Cover Non-Economic Damages?
Workers’ compensation cases in Missouri are highly effective at recovering economic damages for medical bills, lost wages, and other expenses. However, there is a significant category of recoverable damages present in many personal injury cases that is not present in a workers’ compensation case. This category is non-economic damages.
In a personal injury case, many people seek compensation for the emotional suffering they went through due to the accident. However, workers’ compensation is designed to quickly and effectively support injured workers and can cost companies a significant amount. Due to this factor, Missouri workers’ compensation does not include or consider emotional suffering or non-economic damages.
Who Is Exempt From Workers’ Compensation Insurance?
While most employees of a business with five or more employees in Missouri must have workers’ compensation insurance supplied by their employer, there are some notable exceptions to this rule. Generally, postal workers, maritime workers, and railroad workers are not required to be insured by their companies, as they are already federally insured. In addition to this, certain real estate professionals, certain domestic workers, some farm laborers, and unpair volunteers of a charitable organization.
Frequently Asked Questions
Listed below are several frequently asked questions regarding workers’ compensation cases and economic damages in Missouri.
Does Workers’ Compensation Always Offer a Settlement?
Workers’ compensation does not always offer a settlement, as the amount offered is often proportional to the injury in question. For permanent disability, it is common for workers’ compensation to offer a settlement, but nothing is guaranteed. The size of the settlement is generally determined by the extent of the injuries.
What If My Employer Has No Workers’ Compensation Insurance?
Most Missouri employers with more than five employees are required to have workers’ compensation insurance, according to the Missouri Department of Insurance. If your employer does not have this insurance, they may be liable to a lawsuit.
Contact a Skilled Missouri Workers’ Compensation Attorney
Recovering economic damages in a workers’ compensation case can often be integral to an individual supporting themselves while injured and returning to the workforce. However, understanding the unique barriers to compensation and navigating them effectively can be challenging, especially while coping with a serious injury. A skilled Missouri workers’ compensation attorney from Steelman Gaunt Crowley may be able to help. Consider scheduling a consultation today by calling the office at (573) 341-8336.
