BWO, a personal injury law firm in Joplin, Missouri, recovered $255,000 in workers compensation benefits for a client who was injured on-the-job. We filed a workers’ compensation claim for our client when fell at work and suffered a compound fracture that extended into his knee joint.
Permanent Total Disability
We sought permanent total disability benefits for our client, which total 66% of his average weekly wage for the remainder of his life. The client also had pre-existing back problems and the employer argued that the second injury fund was responsible.
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We hired experts, took depositions, and prepared the workers’ compensation case for final hearing. The case settled before the hearing for $195,000 paid by the employer and $60,000 paid by the Missouri Second Injury Fund. We were happy to get a good outcome for a permanent total disability case and a great client.
Missouri’s Second Injury Fund
The 2nd Injury Fund (SIF) makes up damaged workers when an existing work-related injury integrates with a previous impairment to develop a raised combined impairment. The SIF is funded by a surcharge paid by employers. The Missouri State Treasurer is the “custodian” of the SIF. The Missouri Attorney General’s Office protects the cases made against the SIF and acquires the Treasurer’s authority to settle cases for the SIF. The Second Injury Fund is responsible for the billing as well as a collection of the Second Injury Fund additional charges from insurance policy carriers writing workers’ compensation premiums in Missouri and from self-insurers or group trust funds licensed to self-insure in Missouri.
A hurt employee needs to have a permanent, pre-existing special needs to cause obligation of the SIF. The prior special needs should be “of such severity regarding constitute a hindrance or obstacle to employment”. In order for a worker to recoup from the SIF, certain minimum thresholds need to be met.
Experts on the Missouri Second Injury Fund (SIF)
Our attorneys have a great deal of experience navigating workers compensation cases and the Missouri Second Injury Fund. Second Injury Fund-related cases are chiefly covered by Charles Buchanan, along with his son, Andrew Buchanan. Together, the two possess over 50 years of experience helping injured workers in Missouri take advantage of benefits like the Second Injury Fund (SIF).
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The Second Injury Fund additionally is in charge of paying clinical costs of damaged employees when the company falls short to ensure its workers’ settlement responsibility. Additionally, if the staff member is killed, interment expenses, as well as death benefits in the form of regular settlements to the surviving partner or dependents of the employee, are paid from the Second Injury Fund if the company is uninsured.
The Second Injury Fund likewise gives benefits to hurt workers that are going through physical rehab. To receive these benefits, the staff member has to be seriously damaged and also be obtaining therapy at a center accredited by the Division. If the damaged employee certifies, he/she will certainly get $40 each week for as much as 20 weeks for recovery.
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The last gain from the Second Injury Fund is sideline wage loss advantage. The benefit relates to injuries that occurred after August 28, 1998. The staff member must be injured on duty with the very first company. If the worker is unable to operate at a sideline as a result of the injury these benefits might be declared from the SIF.
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Learn more about our experience and results with Workers Compensation cases in Missouri.
It is best that you deal with an attorney that is familiar with Missouri workers settlement law. Such an attorney will certainly assist you to give a case analysis based upon the stamina of your case. Venture to make a timely record of your occupational injury. The next action hereafter is to locate an employee’s settlement lawyer to aid you to file your employees’ settlement insurance claim prior to the expiry of the statute of restrictions.
Our attorneys at BWO are greatly experienced in Missouri employees payment regulation and also will certainly make sure that your case is submitted promptly. We will fight for you to ensure that you and your family are supported throughout this hard time and also obtain the best therapy as well as settlement.