MISSOURI RULES AND RATES
The amount of weekly compensation you receive is based on two-thirds of your average weekly wage, subject to the statutory maximum as of the date of injury.
Maximum PPD rate
for 7/1/02-6/30/03 is $340.12
for 7/1/03-6/30/04 is $347.05
for 7/1/04-6/30/05 is $354.05
for 7/1/05-6/30/06 is $365.08
for 7/1/06-6/30/07 is $376.55
for 7/1/07-6/30/08 is $389.04
for 7/1/08-6/30/09 is $404.66
Maximum TTD rate
for 7/1/02-6/30/03 is $649.32
for 7/1/03-6/30/04 is $662.55
for 7/1/04-6/30/05 is $675.90
for 7/1/05-6/30/06 is $696.97
for 7/1/06-6/30/07 is $718.87
for 7/1/07-6/30/08 is $742.72
for 7/1/08-6/30/09 is $772.53
Medical mileage is $.475 per mile
Other Maximum Rates for July 1, 2008 to June 30, 2009:
Medical and hospital allowance No limit
Death: spouse & wholly dependent children Time limited
Burial allowance $ 5,000
Permanent total disability No set limit
Temporary total disability No set limit
Permanent partial disability No set limit
Permanent partial disability/functional impairment No set limit
MEDICAL BENEFITS:
The employee is entitled to receive medical treatment for the work-related injury and does not have to pay for that treatment. The employer or insurer makes payment. But remember that the employer has the right by law to select the physician. So if you seek treatment that has not been authorized, you may have to pay for that treatment yourself. Mileage for trips to the doctor can be reimbursed.
CATEGORIES OF DISABILITY COMPENSATION BENEFITS:
Temporary Total Disability (TTD) is compensation for the time the doctor says you are unable to work because of the injury. You will not receive TTD benefits for the first three regularly scheduled workdays you are off unless you are off longer than 14 calendar days. Temporary total disability benefits cease when the doctor says you are able to return to work. Although those wages are only two-thirds of your average wage, it is important to remember they are tax-free.
Permanent Disability. Once a doctor has done all he or she feels can be done medically to help you, and you are not as physically able as you were before the injury, then you have a disability. And if there isn't anything else the doctor can do to make you any better, your disability will be "permanent," meaning you will suffer the effect of the injury from that point on. That disability will either be "total" meaning you are unable to perform any work, or "partial" which means you are able to work but there are limitations or restrictions as to what you are able to do. If you are determined to be permanently and totally disabled, your benefits will continue for the rest of your life.
Permanent Partial General Disability is paid when the employee sustains permanent partial disability not specifically covered by the schedule. Compensation is based on the percentage of disability remaining after recovery and is limited to 400 weeks.
Permanent Partial Scheduled Disability is paid when the employee sustains complete or partial loss of use of a body part, such as an arm, due to a job-related injury. If your disability is a permanent partial disability (PPD), the Missouri legislature has established a formula to convert that disability into a dollar amount. The maximum weekly wage amount for a permanent partial disability is less than the maximum for the temporary total disability because the disability is partial instead of total. Compensation is for the disability only. The workers' compensation law does not provide compensation for pain and suffering.
Scheduled Injuries: Scheduled injuries are the injuries sustained by a worker that affect the extremities of the body such as the arms, legs, hands, fingers, etc. Each extremity has a scheduled amount of weeks pertaining to that particular part of the body. In Missouri, the maximum weeks payable are as follows:
Loss of arm at shoulder: 232 weeks
Loss of arm shoulder to elbow: 222 weeks
Loss of arm at elbow: 210 weeks
Loss of arm between wrist and elbow: 200 weeks
Loss of hand at wrist joint: 175 weeks
Loss of thumb: 60 weeks
Loss of index finger: 45 weeks
Loss of 3rd or 4th finger: 35 weeks
Loss of little finger: 22 weeks
Loss of leg at hip: 207 weeks
Loss of leg allowing prosthesis: 160 weeks
Loss of leg between ankle and knee: 155 weeks
Loss of entire foot: 150 weeks
Loss of partial foot: 150 weeks
Loss of great toe: 40 weeks
Loss of other toes: 14 weeks
Eye: 140 weeks
Hearing, both ears: 168 weeks
Hearing, one ear: 44 weeks
Survivors' Benefits are paid to an employee's surviving spouse and dependent children if death occurs as a result of injury. Emancipation and remarriage affect the duration of payments. Burial expenses up to $5,000 also are covered.
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KANSAS RULES AND RATES
Kansas workers' compensation law requires that an employer or its insurance carrier pay an injured employee two-thirds of the employee's gross average weekly wage up to the amount of the applicable maximum benefits shown below. The actual amount received is either two-thirds of the worker's gross average weekly wage or the maximum rate in effect at the date of the injury, whichever is less. In Kansas, the maximum temporary total benefit rate is the same as the maximum permanent partial benefit rate.
Maximum weekly benefit rates:
(7-1-03 to 6-30-04) $440
(7-1-04 to 6-30-05) $449
(7-1-05 to 6-30-06) $467
(7-1-06 to 6-30-07) $483
(7-1-07 to 6-30-08) $510
(7-1-08 to 6-30-09) $529
Medical mileage is $.505 per mile
Other Maximum Rates for July 1, 2008 to June 30, 2009:
Medical and hospital allowance No limit
Death: spouse & wholly dependent children $250,000
Death: heirs (no dependents) $ 25,000
Burial allowance $ 5,000
Permanent total disability $125,000
Temporary total disability $100,000
Permanent partial disability $100,000
Permanent partial disability/functional impairment $ 50,000
MEDICAL BENEFITS: A person injured on the job is entitled to all medical treatment that may be needed to cure or relieve the effects of the injury. Under the law, the employer has the right to choose the treating physician. If the worker seeks treatment from a doctor not authorized or agreed upon by the employer, the insurance company is only liable up to $500 toward such medical bills. The employee does have the right to apply to the Director of Workers' Compensation for a change of doctor. An injured worker is generally entitled to mileage reimbursement for trips to see a physician for distances in excess of five miles for the round trip. The injured worker generally also can obtain reimbursement if transportation must be hired.
CATEGORIES OF DISABILITY COMPENSATION BENEFITS: Temporary Total Disability is paid when the employee, due to an injury, is unable to engage in any type of substantial and gainful employment. Permanent Total Disability is paid when the employee, due to an injury, has been rendered completely and permanently incapable of engaging in any type of substantial and gainful employment. The loss of both eyes, both hands, both arms, both feet or both legs, and any combination thereof, in the absence of proof to the contrary, shall also constitute a permanent total disability. Substantially total paralysis, or incurable imbecility or insanity, resulting from injury independent of all other causes, shall also constitute permanent total disability.
Permanent Partial General Disability is paid when the employee sustains permanent partial disability not specifically covered by the schedule. Compensation is based on the percentage of disability remaining after recovery and is limited to 415 weeks. Permanent Partial Scheduled Disability is paid when the employee sustains complete or partial loss of use of a body part, such as an arm, due to a job-related injury. Compensation is limited to a percentage of the scheduled number of weeks.
Scheduled Injuries: Scheduled injuries are the injuries sustained by a worker that affect the extremities of the body such as the arms, legs, hands, fingers, etc. Each extremity has a scheduled amount of weeks pertaining to that particular part of the body. The maximum weeks payable are as follows:
Shoulder: 225 weeks
Arm: 210 weeks
Forearm: 200 weeks
Hand: 150 weeks
Leg: 200 weeks
Lower leg: 190 weeks
Foot: 125 weeks
Eye: 120 weeks
Hearing, both ears: 110 weeks
Hearing, one ear: 30 weeks
Thumb: 60 weeks
Finger 1st (index): 37 weeks
Finger 2nd (middle): 30 weeks
Finger 3rd (ring): 20 weeks
Finger 4th (little): 15 weeks
Great toe: 30 weeks
Great toe, end joint: 15 weeks
Each other toe: 10 weeks
Each other toe, end joint: 5 weeks
Allowance of 10% and not over 15 weeks for healing period is allowed following an amputation.
Survivors' Benefits of $250,000 are paid to an employee's surviving spouse and dependent children if death occurs as a result of injury. If there is no surviving spouse or dependents, the legal heirs are entitled to $25,000. Burial expenses up to $5,000 also are covered.
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