TEN COMMONLY ASKED QUESTIONS ABOUT MISSOURI WORKERS’ COMPENSATION

1. Do I have the right to choose my own doctor at my employer’s expense?

You do have the right to select your own doctor, hospital, medical facilities and services, but you do so at your own expense. Unless you are willing to pay for these yourself, your employer has the right to choose and direct which doctors treat you, where you are treated, etc.

2. Do I have the right to a second opinion at my employer’s expense?

No. The Workers’ Compensation law does not require an employer to pay for a second medical opinion, but it may be authorized if requested.

3. How much compensation should I receive when I am authorized off work for a work-related injury?

You are entitled to “temporary total disability” payments based on 66 2/3% of your average weekly wage as of the date of your injury, subject to certain minimum and maximum limitations. To determine your average weekly wage as of the date of your injury, the general rule is to add your gross earnings for the 13 weeks that you actually worked prior to your date of injury and divide by 13.

4. Am I entitled to the difference between the temporary total disability workers’ compensation benefits paid for the period I was authorized off work and the wages I would have normally earned?

No.

5. Are workers’ compensation benefits such as temporary total disability and permanent disability payments taxable?

No.

6. When do temporary total disability benefits begin?

Temporary total disability benefits begin after you are authorized off work more than three “regularly scheduled work” days. However, if you are authorized off work for 14 days or more, whether regular work days or not, compensation is then due for the initial three day waiting period.

7. Am I entitled to compensation for pain and suffering during my recovery?

No. However, to the extent that you continue to have pain and to suffer from your injury after your recovery period, your permanent disability benefits may be greater.

8. Does my employer have to pay me for work missed due to doctor appointments for treatment or physical therapy?

No. In fact, your employer may require you to take paid leave, personal leave, or medical/sick leave when work time is missed for treatment, therapy or medical evaluations.

9. Does my employer have to pay me travel mileage for medical treatment or physical therapy?

Your employer does not have to pay mileage unless you receive medical treatment outside the employee’s principle place of employment.

10. Is my employer obligated to provide vocational training if I am unable to return to my job due to my work-related injury?

No. It is not mandatory for an employer to provide vocational rehabilitation services although it is allowed if your employer is willing.