You may be entitled to workers' comp benefits under Missouri law if you’re injured in a workplace accident or develop a medical condition because of your job. However, knowing how your weekly workers' comp payment rate should be calculated can be confusing. In this article, the skilled workers’ compensation lawyers at Bollwerk & Associates, LLC, explain the guidelines so you know what to expect.
How Workers' Comp Payment Rates Are Determined
In Missouri, your employer is required to provide workers’ comp benefits if it employs five or more people. If you’re hurt or exposed to an occupational disease at your job and are entitled to benefits, your employer should pay for all necessary medical treatments.
Your employer must also pay you benefits to partially replace your wages if you must take time off work while recovering from your injuries. These benefits are generally paid weekly.
If you’re completely unable to work for a temporary period, you should be eligible for Temporary Total Disability (TTD) payments. Your weekly workers' comp payment rate would be calculated based on your average weekly wage (AWW) when you were injured. According to the Missouri Department of Labor & Industrial Relations, “TTD benefits are generally paid weekly and should be based upon two-thirds of the employee’s average weekly wage.”
Your AWW benefits are calculated by taking your total gross earnings, including overtime and any other forms of compensation, for the 13 weeks before your workplace injury and dividing that number by 13.
How Is the Workers' Comp Payment Rate Calculated If You’re Not Paid Weekly?
Under Missouri Code §287.250, your AWW would be determined as follows:
- Monthly wages. If your wages are paid monthly, your monthly salary would be multiplied by 12 and divided by 52 to set your average weekly wages.
- Yearly wages. If your wages are fixed yearly, your annual salary would be divided by 52 to calculate your AWW.
- Hourly or daily wages. If you are paid by the day, hour, or output, your average weekly wage is determined by taking the gross wages earned in the 13 weeks before the accident and taking the average of those 13 weeks. If you miss five regularly scheduled workdays during those 13 weeks, then that would be considered an absence of a week, and the average of the 13 weeks would be taken by dividing those weeks by 12. There are other ways of determining the average weekly wage if an employee has not worked at least 13 weeks for the employer, if the hourly rate cannot be fixed, or if the employee did not receive a wage.
The calculation is much more complicated if you’re a part-time or seasonal worker. For example, your rate may have to be based on the average wages of workers doing the same job as you. You can’t determine an accurate amount without the help of an experienced workers' compensation lawyer.
How Long Would You Be Entitled to Temporary Total Disability Payments?
You should receive TTD payments until you return to work or reach your maximum medical improvement (MMI). Under Missouri Code §287.020, MMI is defined as when your medical condition stabilizes and will no longer reasonably improve with additional medical treatments as determined within a reasonable degree of medical certainty.
Is There a Cap on Weekly Workers' Comp Payment Rate for TTD Benefits?
Missouri sets a maximum weekly workers' comp payment you can receive. The most you can receive is 55% of the State Average Weekly Wage (SAWW). From July 1, 2024 through June 30, 2025, the maximum weekly workers' comp payment rate is $1,228.04.
How Our Workers' Compensation Lawyers Can Help You Get the Benefits You Deserve
Attorney Jill Bollwerk and her legal team have decades of experience fighting for the rights of injured workers. We help you take the proper steps after your workplace injury to preserve your right to workers' comp benefits and build a winning case if your employer's insurance company denies your claim.
We’ll also accurately calculate your weekly workers' comp payment rate, no matter how complicated your situation, to ensure you receive all the benefits you deserve.
