Calculating Worker's compensation damages

Posted By Kansas City Personal Injury Attorney || 29-Oct-2011

Damages (money) for injuries under Missouri general negligence cases are determined by the amount of medical bills incurred (past and future), lost wages (past and future), prescriptions, property damage, other expenses attributable to the injury, and finally, pain and suffering. Pain and suffering is that uncertain dollar amount that a jury may award you for the pain and suffering of having to go through the entire ordeal and the future problems it will cause physically, emotionally and mentally. However, under Missouri law pain and suffering in medical negligence claims are capped at $350,000.

Calculating Damages in Missouri Work Comp Cases

Under Missouri workers' compensation, the employer's work comp insurance covers the medical expenses for your medical treatment, missed work pay or "TTD pay" (Temporary Total Disability Pay) for the days missed prior to the doctor releasing you to return to work, and then finally a final settlement for the ongoing disability. The ongoing disability is essentially the only amount the employee is awarded directly and is calculated using the Missouri "Permanent Partial Disability Schedule". This is a very specific calculation and does not take into consideration any pain and suffering. However, the Missouri Work Comp Second Injury Fund is also available for additional compensation in certain cases.

Missouri's Division of Missouri Work Comp: State Website with information regarding workers compensation and explaining the process.