Worker’s Compensation is a system designed to help workers who are injured on the job by providing workers with three benefits. These benefits include authorized medical care, temporary total disability, and a lump sum for permanent partial disability. Although the Missouri Workers’ Compensation Statute states that injured workers are entitled to these three benefits, all three benefits are rarely, if ever, tendered without resistance from workers’ compensation insurance companies. And while the system is designed to help workers, insurance companies and corporate employers have manipulated the system for decades to withhold these necessary benefits from injured workers.
At Cantor Injury Law, we have decades of experience helping those who have been injured while working within the course and scope of their employment. Our team knows the ins and outs of worker’s compensation claims and we have the resources to maximize the benefits afforded to the injured workers of Missouri. In this post, we’re going to be highlighting three workers’ comp settlement examples to give you a good idea of what you can expect from a case.
The Workers’ Compensation Conspiracy
Missouri Workers’ Compensation claims are an uphill battle from the very start. After a work injury, you are immediately trapped in “The Workers’ Compensation Conspiracy”. This conspiracy consists of a complex system of insurance companies and employers who routinely cheat and lie to avoid paying claims.
One example of this conspiracy in action is the Statute affording the workers’ compensation insurance companies the right to choose the physicians that will provide treatment to the injured workers. These physicians are hired by and paid by the workers’ compensation insurance companies. These hired and paid-for physicians impact a claim greatly by choosing the courses of treatment that are rendered to injured workers and also assign low permanent partial disability ratings in an attempt to bring the value of a claim down. Cantor Injury Law knows that the statute is clear: the employer gets to choose the physician but does not get to choose the treatment. However, employers still try to get away with more than what they are entitled to by challenging and withholding treatment recommended by their own physicians.
Another example of The Workers’ Compensation Conspiracy is the limitation on an injured worker’s recovery through the use of a rate. The Missouri Workers’ Compensation statute requires that an injured worker’s settlement demand be calculated using the worker’s rate. With regard to Missouri Workers’ Compensation, an individual’s rate is calculated by taking two-thirds of the injured worker’s average weekly wage. To add insult to injury, the Statute has assigned a “max rate” that must be utilized as the injured worker’s rate. A max rate is the absolute highest rate that can be used when calculating a monetary lump sum. Max rates are assigned to different periods of time and will apply when an injured worker’s average weekly wage is higher than the max rate even after using two-thirds of the injured worker’s average weekly wage. In requiring the use of a max rate when calculating a permanent partial disability lump sum, the Statute severely limits monetary recoveries for injured workers.
The Workers’ Compensation Conspiracy also affects how workers’ compensation claims are valued in Missouri. Very few factors are taken into consideration when determining the value of an injured worker’s claim. Things like pain and suffering, which are essential elements in determining the value of a claim in the civil arena, do not apply in Missouri Workers’ Compensation. Rather, the Statute requires that the value of a workers’ compensation claim be based on the injured worker’s permanent partial disability, or PPD for short.
Permanent partial disability is the residual disability that the injured worker is left with following all the treatment they received during the claim. Once the injured worker is placed at maximum medical improvement by the workers’ compensation physician, a permanent partial disability rating will be assigned to the injured body part. In Missouri, body parts are valued not in terms of monetary amount, but rather, in terms of weeks. Each body part is assigned a number of weeks and is listed on what we call “the meat chart.” For instance, in Missouri, a shoulder is worth 232 weeks. That means that if your shoulder is cut entirely off, you are only entitled to receive 232 weeks of pay (at the reduced rate already discussed above).
However, 232 weeks of compensation will only be assigned to the shoulder if it is determined that the injured worker has 100% permanent partial disability of that shoulder. As stated before, the Workers’ Compensation Conspiracy is present even in this portion of a claim, as the workers’ compensation physician will almost always assign an insultingly low permanent partial disability rating to assist the insurance company in minimizing the injured worker’s recovery.
The Workers’ Compensation Conspiracy exists in every claim and creates an uphill battle for injured workers. Because of this uphill battle, it is crucial to arm yourself with strong legal representation to ensure that you are maximizing your Missouri Workers’ Compensation benefits. Time and time again we are successful in fighting the Workers’ Compensation Conspiracy, whether winning additional authorized medical care, ensuring temporary total disability payments are being tendered, or maximizing a permanent partial disability lump sum. Cantor Injury Law has extensive knowledge of the law, as well as the necessary resources to win your Missouri Workers’ Compensation settlement.
Workers’ Comp Settlement Example 1: $1,016,944
One day in March 2007, our client, Paula, felt a sharp pain in her lower back while lifting a box. It was immediate and severe. Her job involved heavy lifting, and she was in her mid-40s at the time.
Legal Process
Cantor Injury Law took on Paula’s case. We knew it would be tough. First, we gathered all her medical records. Paula had a lumbar laminectomy due to her injury. There were disputes about the medical bills. Who would pay? The case went before an administrative law judge in December 2008. The judge awarded Paula nearly $15,000 in past medical aid, temporary disability payments, and attorney’s fees. This was just the start.
Challenges arose when Paula’s benefits were terminated. Different doctors had different opinions. One said she was not yet at maximum medical improvement (MMI) and needed more treatment. Another disagreed. We argued that she still needed care and should continue to get temporary disability payments. The judge agreed with our assessment.
Settlement Details
Eventually, we secured a settlement for Paula. It was substantial. The total amount exceeded $1 million. Here’s the breakdown:
- $414,000 for medical benefits
- $170,000 for permanent partial disability
- $350,000 for future medical care
- Over $77,000 in temporary total disability payments
This settlement covered her past and future needs. It ensured she would continue to receive care for her ongoing pain.
Outcome and Impact
This settlement had a huge impact on Paula’s life. It provided the financial support she needed. She could focus on her recovery without worrying about medical bills. It also acknowledged the seriousness of her injury and its lasting effects.
Paula’s quality of life improved post-settlement. While she couldn’t return to her old job, she was able to find new ways to contribute and stay active. The financial security allowed her to explore other opportunities and maintain a sense of independence. This case shows the importance of having skilled legal representation. At Cantor Injury Law, we are committed to fighting for our client’s rights and ensuring they receive the compensation they deserve.
Read the full case study here.
Workers’ Comp Settlement Example 2: $966,960
Joan’s story is a complex narrative of injury and its aftermath. A simple stumble turned her world upside down, disrupting her daily routines and activities. Her job, once a source of stability, became entangled in the events leading to her injury. It’s a stark reminder of the fine line between safety and danger in the workplace.
Legal Process
Navigating the legal terrain requires a strategic approach. Our team swiftly took action, maneuvering through negotiations and challenges. Each decision was calculated, and every move was made with precision. Despite the obstacles, we persisted, adapting our strategy to the evolving circumstances.
Settlement Details
The culmination of our efforts resulted in a significant settlement totaling $966,960 for our client, Joan. This substantial compensation package reflects the severity of her injuries and the profound impact on her life. From a hidden protruding pipe to a devastating fall, Joan’s injuries, including a fractured right knee and a total shoulder replacement, were undeniable consequences of a dangerous condition of the property—a construction defect that altered her life irreversibly.
Joan’s pursuit of justice led to a successful liability suit against the responsible parties. Out of this legal battle, she received a substantial portion of the settlement, totaling $637,500, with the remaining sum contributed by another company involved. Additionally, Joan was awarded more than $216,960 in workers’ compensation, bringing the total settlement to $966,960.
To ensure our client’s full entitlement, we obtained a waiver of subrogation, sparing Joan from any obligation to return the workers’ compensation funds post-settlement. This strategic move closed the case definitively, safeguarding Joan against future medical or legal concerns.
Outcome and Impact
Following the settlement, Joan experienced a transformation—physically and emotionally. The weight of pain lifted, replaced by a newfound sense of freedom. Financial burdens eased, and aspirations reignited, breathing new life into dormant dreams. With our unwavering support, Joan faces the future with resilience, fortified by the promise of better days ahead.
Read the full case study here.
Workers’ Comp Settlement Example 3: $950,000 +
In the world of construction, danger is an ever-present companion. Our client, a seasoned worker, faced this reality head-on in a tragic accident at a construction site. The incident left him with severe injuries, disrupting his life in an instant. From shattered bones to internal trauma, the toll was profound, highlighting the harsh realities of the job.
Our client’s background adds depth to the narrative—a skilled worker with years of experience in the industry. His dedication and expertise, once his pride, were now overshadowed by the adversity he faced—an unsettling reminder of the inherent risks of his profession.
Legal Process
Following the accident, Cantor Injury Law embarked on a rigorous journey to navigate the complexities of the case. However, the road to justice was fraught with obstacles—legal challenges and bureaucratic hurdles threatened our progress.
Yet, with unwavering determination, we persisted, overcoming each barrier in our path. Through perseverance and strategic maneuvering, we carved a pathway toward resolution, determined to secure the compensation our client rightfully deserved.
Settlement Details
The culmination of our efforts resulted in a substantial settlement of $950,862, a reflection of the extent of our client’s suffering. This amount, meticulously calculated, aimed to address not only medical expenses but also rehabilitation, pain and suffering, and other essential needs.
Each allocation was a crucial step in rebuilding shattered lives and offering closure in the face of hardship. It was more than just financial compensation; it was a vital part of our client’s journey toward healing and restoration.
Outcome and Impact
Following the settlement, our client embarked on a journey of recovery—a journey marked by resilience and determination. Each day brought him closer to reclaiming his former self, despite the lingering scars of the accident. Beyond the physical realm, the impact extended to his future prospects and rehabilitation progress.
As he navigates the road ahead, our client does so with a renewed sense of hope—a testament to the human spirit’s resilience in the face of adversity. Though challenges may persist, his journey stands as a testament to the triumph of perseverance and the resilience of the human spirit.
Read the full case study here.
Working With A Lawyer
When you’re hurt at work, the last thing you need is to navigate the confusing world of workers’ compensation alone. At Cantor Injury Law, we’re here to make this journey easier for you. Here’s what working with a lawyer can do for your case:
| With a Lawyer | Without a Lawyer |
|---|---|
| Guided through the process with expert advice. | Navigating the system alone, which can be confusing and overwhelming. |
| Expert negotiation to maximize your benefits. | Insurance companies may offer lower settlements. |
| Strong case built with solid evidence and thorough preparation. | Risk of missing crucial documents or evidence. |
| Representation in hearings, reducing stress and confusion. | Handling hearings alone, which can be intimidating and complex. |
| Maximized benefits, including ongoing medical care and fair compensation. | Potentially receiving less than you deserve in benefits. |
| Peace of mind, allowing you to focus on recovery. | Added stress from handling the case on your own. |
| No upfront costs; we get paid only if you win. | Possible financial strain from legal fees and costs. |
In short, working with a lawyer from Cantor Injury Law means you have a dedicated, experienced advocate on your side. We fight for your rights and ensure you get the benefits you deserve.
What Can We Learn From These Cases?
These workers’ comp settlement examples illustrate the challenges and triumphs inherent in the pursuit of justice for injured workers in Missouri. From the employer-friendly statute to the opaque and non-intuitive nature of the legal process, to the physical and emotional toll of the injuries sustained, each story is a testament to the dedication Cantor Injury Law has towards their clients’ well-being – both financial and medical.
If you’ve been hurt at work, Call Cantor Injury Law. We are committed to advocating for the rights of those injured. If you or a loved one has been injured, don’t hesitate to reach out for a free consultation. Together, we can work towards achieving the justice and compensation you deserve.