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The Broken Promise of Workers’ Compensation
Workers’ compensation is supposed to be a simple, no-fault system that provides medical care and wage replacement benefits to employees who are injured on the job. In theory, it’s a straightforward trade-off – workers give up the right to sue their employers for negligence, and in return, they receive guaranteed benefits to help them recover and get back to work. But in reality, the worker’s compensation system has become a rigged game, where large employers and insurance companies have colluded with the government to stack the deck against injured workers.
Related Links: Missouri Workers’ Compensation
As personal injury attorney Mark Cantor explains, “Worker’s compensation in Missouri and in most states is a conspiracy. It’s large employers and large insurers combining with the government to not pay you after a work injury.” This “conspiracy” has created a system that is fundamentally broken, denying injured workers the benefits they are rightfully owed and forcing them to fight an uphill battle just to get the care and compensation they need.
The Disability “Meat Chart” and the Elimination of Pain and Suffering
At the heart of the worker’s compensation “conspiracy” is what Cantor calls the “meat chart” – a standardized schedule that determines the amount of compensation an injured worker will receive based on the severity of their injury. Under this system, benefits are calculated as two-thirds of the worker’s average weekly wage, multiplied by a set number of weeks depending on the body part affected.
TL;DR: Missouri Workers’ Compensation
Missouri workers’ compensation can provide benefits to employees who suffer qualifying work-related injuries, including authorized medical treatment, temporary disability benefits when they cannot work, and compensation for permanent disability. However, disputes can arise over medical treatment, whether an injury is work-related, when an employee can return to work, and the extent of permanent disability. Understanding these benefits—and how medical evidence and disability ratings affect a claim—can help injured Missouri workers protect their rights.
For example, if a worker loses their arm at the shoulder, they would be entitled to 232 weeks of benefits at two-thirds of their average weekly wage. But here’s the catch: this “meat chart” completely eliminates any compensation for pain and suffering. As Cantor explains, “it’s not like a trucking case where I could get you tens of millions of dollars or a car accident case or even a fall case – there’s no pain and suffering in Missouri worker’s compensation or in Illinois worker’s compensation because of this conspiracy.”
This means that even for the most catastrophic, life-altering injuries, workers are only entitled to a predetermined, limited payout – with no consideration for the true human cost of their suffering. It’s a system that values efficiency and cost-savings over the wellbeing of injured workers, reducing them to mere numbers on a chart.
The Employer-Controlled Medical Care Trap
The second key element of the worker’s compensation “conspiracy” is the way it gives employers and their insurance companies control over the medical care that injured workers receive. In Missouri and many other states, the employer gets to choose the doctors who will treat the worker’s injury – and those doctors are often in the pocket of the insurance company.
As Cantor explains, “the insurance companies pick the defense doctors who will say you don’t have an injury but then do the surgery and make their money and say you have zero disability.” These “company doctors” have a clear financial incentive to downplay the severity of the worker’s injuries and minimize the amount of treatment and compensation they receive.
Even worse, workers who try to seek a second opinion or treatment from their own doctor often find that those expenses won’t be covered by worker’s compensation. This leaves them with a stark choice: accept the treatment plan dictated by the employer-chosen doctor, or pay out of pocket for any additional care. It’s a Catch-22 that traps injured workers in a system rigged against them.
The Uphill Battle for Wage Replacement Benefits
The third key component of the worker’s compensation “conspiracy” is the way it shortchanges workers when it comes to wage replacement benefits. While worker’s comp is supposed to provide two-thirds of a worker’s average weekly wage while they’re off the job due to their injury, the reality is often much different.
Insurance companies will frequently dispute the severity of the worker’s injury, arguing that they are capable of returning to work sooner than recommended by their doctor. This forces workers to engage in a drawn-out legal battle just to get the benefits they’re entitled to – and even then, the payout is capped at a fraction of their actual earnings.
As Cantor notes, “the second benefit is two-thirds of your wages while you’re off of work and the last benefit is a lump sum payment for permanent and partial disability. That’s where we as your attorneys earn our fee, because we only take 25% of the lump sum.” In other words, injured workers not only have to fight to get their rightful benefits, but they also have to surrender a significant portion of those benefits to their attorney just to navigate the system.
The Uphill Battle for Injured Workers
- Employers and insurance companies control the medical care, often choosing doctors who are incentivized to downplay injuries
- The “meet chart” system eliminates any compensation for pain and suffering, reducing injured workers to mere numbers
- Wage replacement benefits are capped at two-thirds of average weekly wages, forcing workers to fight for every dollar
- Injured workers have to surrender a significant portion of their benefits to attorneys just to navigate the rigged system
Ultimately, the worker’s compensation “conspiracy” has created a system that is fundamentally stacked against injured workers. By colluding with large employers and insurers, the government has allowed a system to emerge that prioritizes cost-savings and efficiency over the wellbeing of the very people it was designed to protect.
Fighting Back Against the Conspiracy
So what can injured workers do to fight back against this rigged system? Cantor’s advice is clear: “If you have a serious real work injury, please call Cantor Injury Law at 314-628-9999, and I will guide you through the process on how to morally win in this bankrupt system that is already stacked against you.”
Working with an experienced workers’ compensation attorney is crucial, as they can navigate the complex legal landscape, challenge the insurance company’s tactics, and fight to get their clients the full benefits they deserve. Cantor and his team have done this for over 30 years, and they know how to level the playing field against deep-pocketed corporations that exploit the system.
But beyond just seeking legal representation, Cantor also believes that broader reforms are needed to fix the broken workers’ compensation system. “I can lecture you on this for hours, and I’ve been asked to speak and do speak to other lawyers at continuing legal education classes,” he says. “I’m going to keep it short if you have a serious real work injury, please call Cantor Injury Law.”
Key Takeaways
- Missouri workers’ compensation may provide medical, temporary disability, and permanent disability benefits after a qualifying workplace injury.
- The employer generally has the right to select the authorized medical provider who treats a workplace injury.
- Medical opinions can significantly affect treatment, work restrictions, maximum medical improvement, and permanent disability determinations.
- Temporary disability benefits and permanent disability benefits serve different purposes.
- A permanent disability rating can play an important role in determining compensation for lasting impairment.
- Injured employees can face disputes concerning treatment, causation, disability ratings, and the amount of benefits they should receive.
- Workers with disputed claims may benefit from understanding how medical evidence and the Missouri workers’ compensation process affect their case.
By raising awareness of the “worker’s compensation conspiracy” and advocating for meaningful change, injured workers and their allies can work to create a system that truly prioritizes their well-being and provides the support they need to recover and get back on their feet. It won’t be easy, but with the right legal representation and a commitment to fighting back, there is hope for a more just and equitable future.
FAQs: Missouri Workers’ Compensation
For a compensable workplace injury, workers’ compensation can provide necessary authorized medical care related to the injury. This can include treatment such as physician visits, diagnostic testing, therapy, medication, and other medically necessary care depending on the injury.
Missouri generally gives the employer the right to select the authorized healthcare provider. An employee who independently obtains treatment may encounter issues concerning whether that treatment must be paid for through workers’ compensation.
A disability rating is a medical assessment of permanent impairment following an injury. It can become an important part of evaluating permanent partial disability benefits.
