MISSOURI WORKERS COMPENSATION EXTENDS TTD BENEFITS

In the field of workers’ compensation, it has been assumed that when an injured worker reached Maximum Medical Improvement (MMI), that temporary total disability (TTD) benefits ended. Temporary total benefits are your weekly benefits paid while you are out of work due to the injury.
The Missouri Supreme Court in Greer v. Sysco Rood Services has ruled differently.
The court held that maximum medical improvement is not a bright-line date to terminate temporary total benefits where there is substantial and competent evidence presented that a claimant continues to be engaged in the rehabilitative process beyond a date initially believed to be the end of the rehabilitative process.
This is good news for workers who are released at MMI but have significant additional medical treatment.

WORKERS’ COMPENSATION PENALTIES: INCREASING OR DECREASING YOUR COMPENSATION.

Both Kansas and Missouri workers’ compensation systems have penalties relating to workplace safety.

The best news for employees is that in Missouri, viagra generic an employer’s violation of a safety statute increases compensation by 15%.  Chapter 292 of Missouri law sets forth the safety statutes.

A few of the provisions of Chapter 292 are: all equipment must be guarded;  hatchways, elevators and well holes must be guarded; on construction sites over two stories, stairways have to be lighted and handrails provided; on construction sites, all scaffolding, hoists, ladders or supports must be so erected and constructed as to offer protection.

The bad news in Missouri is: if an employee fails to use safety devices provided by an employer or fails to obey a reasonable rule adopted by the employer (assuming the employee has actual knowledge of the rule and the employer has made an effort to cause his or her employees to use the safety device or follow the safety rule) the compensation of the employee can be reduced 25% to 50%.

Buckle up, you can lose 50% of your compensation.

The Kansas rules on penalties are even stricter. There is no provision in Kansas workers’ compensation law to increase compensation if the employer violates a safety statute.

In Kansas, workers’ compensation benefits are denied for an employee’s reckless violation of safety rules or willful failure to use a safety guard or protection.

If you’ve been hurt on the job, contact Margaret E. Dean, Attorney at Law, 816-753-3100.