Table Of Contents
Estimated reading time: 7 minutes
When you get hurt on the job, your life changes quickly. You may not be able to work, and the stress of providing for your family can feel overwhelming. Workers’ compensation benefits are supposed to help during this time, but figuring out how those benefits are calculated is not always simple.
Missouri law has strict rules for what you can receive, and insurance companies will often do everything they can to limit your payout.
At Cantor Injury Law, we make sure you get every dollar the law allows.
Related Resources
Step 1: Your Average Weekly Wage
Everything starts with your average weekly wage. This is the amount you were making before your injury, and it includes more than just your base pay. Your calculation should factor in:
- Hourly wages or salary
- Overtime pay
- Certain bonuses
Weeks where an employee worked significantly less or not at all should be excluded from the calculation. In those cases, we typically use 12 or 13 representative weeks to determine the correct average.
Getting this number right is critical. If your average weekly wage is underestimated, it will impact your Temporary Total Disability (TTD) and Permanent Partial Disability (PPD) benefits.mated, every other part of your benefits will be too.
Step 2: Your Compensation Rate
Once your average weekly wage is figured out, Missouri law sets your compensation rate at two-thirds of that number.
For example, if you made $600 a week, your comp rate would be $400. But even if you earn more, there is a max rate set by the state each year.
These limits have a big impact on settlements. In fact, many PPD payouts would be nearly double if not for the restrictions written into Missouri’s workers’ compensation statute. The system—and the state—end up playing the bad guy along with the insurers, keeping injured workers from receiving the full value of what they’ve lost.
This is one reason why having a lawyer matters. If the insurance company uses the wrong weekly wage or applies the max rate unfairly, you could lose thousands of dollars.
Step 3: Permanent Disability Benefits
If your injury leaves you with a permanent disability, Missouri law assigns a specific value to each body part. The law uses a schedule that gives each body part a certain number of weeks.
- A hand is valued at 175 weeks if amputated at the wrist
- The entire body is valued at 400 weeks
Your disability rating is then applied to that number.
For example, let’s say you earn $600 a week, which means your comp rate is $400. If you lose 10 percent use of your hand, the math looks like this:
10 percent of 175 weeks = 17.5 weeks
17.5 weeks × $400 = $7,000
That would be your lump sum PPD payment.
Step 4: Why Legal Experience Matters
Insurance companies will almost always argue that your disability rating should be lower. They use authorized physicians who act as hired guns—paid by insurers to downplay injuries and save money. The entire system often feels like a conspiracy against injured workers.
At Cantor Injury Law, we know how to challenge those arguments.
Mark Cantor helped shape Missouri workers’ compensation law in a case called T.H. vs. Sonic. That case involved a woman who was raped at work, and because the employer failed to file a timely answer, our firm fought for and won the maximum rate of benefits allowed under Missouri law.
What you receive depends not just on the law, but also on whether your lawyer knows how to prove the true extent of your injury.
Case Study: Compensation Calculation in Action
A bricklayer we represented was struck by falling concrete while working on an elevator shaft, resulting in serious head and neck injuries that required surgery.
Under the Missouri workers’ compensation law, his benefits were calculated based on his average weekly wage, which covered a portion of his lost income and medical expenses.
Because a negligent third party was involved, we also pursued a civil claim. By structuring the settlements strategically, we ensured he didn’t have to repay the workers’ compensation benefits he had already received.
Ultimately, he recovered more than $569,000.
This outcome highlights how workers’ compensation provides a foundation of support, but with a skilled legal strategy, total compensation can be significantly increased.
The Workers’ Compensation Conspiracy
After more than 30 years of fighting for injured workers, I have seen how the Missouri workers’ compensation system really works. It is not designed to protect you. It is designed to protect the insurance industry.
Insurance companies hire the same doctors over and over. These so-called authorized physicians know exactly what is expected of them. They write reports that blame injuries on preexisting conditions or say that treatment is not necessary. They do this because if they minimize your injuries, they keep getting paid. It is not independence. It is a business arrangement that works against you.
The employers and insurers benefit, and the max rate laws make it even worse. The state limits how much you can recover even when your injury costs you your career. The result is a system where everyone profits except the injured worker.
At Cantor Injury Law, I call it what it is. I do not play along with the insurance company doctors or accept their reports at face value. I get second opinions from real medical experts who tell the truth. I fight to expose the tactics and to make sure you get everything you are entitled to under the law.
Key Takeaways
• Workers’ compensation is a legal right that protects employees after a work injury by paying for medical care and lost income.
• Workers’ compensation is calculated based on your average weekly wage before the injury, with most payments equal to about two thirds of that amount up to the state maximum.
• There are several types of benefits including temporary disability, permanent partial disability, and permanent total disability depending on how serious the injury is.
• Insurance companies control the doctors and the process, so it is important to get legal advice before agreeing to treatment or signing documents.
• Many claims are undervalued or denied because insurers use technicalities or low disability ratings to save money.
• A knowledgeable Missouri workers’ compensation lawyer can calculate your correct rate, challenge unfair ratings, and ensure you receive every benefit allowed by law.
• Cantor Injury Law has over thirty years of experience fighting for injured workers across Missouri, and clients pay nothing unless the firm wins their case.
Get Help Protecting Your Benefits
Workers’ compensation is supposed to protect you when you are injured at work, but the system is stacked in favor of insurance companies.
You do not have to fight alone. At Cantor Injury Law, we make sure you are treated fairly and that your benefits reflect what you have actually lost.
If you or a loved one has been injured on the job, contact Cantor Injury Law today for a free consultation. We will stand up to the insurance company and fight for every benefit you deserve.
