about workers comp settlement in Missouri?

Question

My husband was injured on the job on March 19 of this year. He fell approx. 10 feet off a ladder, and landed miraculously on his feet. Unfortunately he landed on one foot, on pointy big rocks, and severely bruised his heel. He's been off work now for 3 months, was in a "boot" for almost the entire time, went to a podiatrist every two weeks, and went through physical therapy. The doctor only gave him a 2% rating, and the insurance company is only offering him $1,000 even though he was only paid 2/3 of his pay during his time off. He has lost at least $150 a week being off work. We were trying not to hire an attorney because we didn't want to drag this out. Does anyone know what a reasonable settlement offer would be? Help please, the bills are stacking up!!!

Employer was rushing employees to get job done. Ladder was NOT secured to anything. Husband is very experienced with ladders, just not used to being rushed on the job. Employer didn't take him to hospital, but instead brought him home and told him NOT to turn in to work comp. They were building a restaurant and the ground was all rocks and gravel. The employer never followed osha guidelines as far as safety was concerned

He was NOT able to work, and will NOT be able to climb roofs, or ladders for a long long long time, and this is the only line of work he knows. Now, tell me, how is it fair that he has to settle for 2/3 of his pay? It's a bunch of bullcrap. That's ok, let your family starve to death because you got hurt at work. I am disabled myself, so that was our main source of income. It's not right, I don't care. Had the employer cared about his employees safety, measures would have been taken to minimize injuries. Ain't it funny that two other people were injured the same day because they were being rushed by the owner.

Answer 1

As usual, a comp. Ins. co. has low-balled somebody again. I'm sorry to say this but in all cases you either accept what they offer or you spend money (and the Ins. co. knows they can last longer then you as far as paying lawyers) on a lawyer and take them into court,7 out of 10 people win their case against workers comp.and then you wait about 30 to 45 days to get your money from them.There are lawyers that specialize in workers comp. cases, call one of them. Good Luck

Answer 2

The whole OSHA thing is irrelevant, from your point of view. Is the 2%, 2% disabled?? Or 2% capable? HUGE difference.

You're NOT going to get a settlement 3 months after the injury. There IS no "pain and suffering". The lost wages, if he's totally incapable of working, should be about 70% of what he was making, on average, for the prior six months. Plus, of course, medical bills.

You NEVER get more than 70% of your lost wages, because WC benefits are NOT TAXABLE. No social security or medicare taxes, or federal income taxes. If they paid the FULL amount, he'd be making more by not working!!

I have no idea why they're even offering $1,000. I'd take it and run. If you hire an attorney, they'll drag it out, AND take 30% of the payout . . . but it's not going to be much of a payout, the way you describe the injury.

Answer 3

The point of worker's comp isn't to pay for 'pain and suffering' from an injury. Usually the injured party is at fault. It is to pay the bills, regardless of fault. He received 2/3 of his pay, which is close to the same since this money isn't taxable. I imagine the medical bills were paid since you didn't mention them. As for the 2% rating, you didn't mention what type of rating this was, permanent or temporary. In reality, 2% is nothing. His foot will be fine, and he had a few month vacation. You can go the liar route, but you will simply drag this out, and not end up with more money.

Answer 4

It appears that Missouri law only requires a payment of 2/3 of average weekly wage from the insurer. Assuming that you have received this, along with full payments for medical expenses incurred, the $1000 settlement is about all you can expect. I presume by the 2% rating, you mean that your husband received a 2% rating of permanent injury or similar.

Bear in mind that most worker compensation carriers (under law) do NOT have to pay the full amount of the injured worker's wage. Part of that is due to the fact that worker compensation benefits are exempt from taxation.

For further clarification, visit the URL provided.

Answer 5

I would have to see the details of the accident, what he fell onto and seems to be a contributing factor to his injury why was it on the site? Did the contractor leave it there?
Was the ladder properly used and braced, could the contractor be found at fault for not proplery training him on how to use the laddeR?