Legal Question in Workers Comp in Missouri

carpal tunnel surgery

I filed a claim on both of my hands in april and was terminated from my job in may. since i cannot draw unemployment i am receiving wc check. the ins comp is pushing to release me to light duty-- since i do not have a job and not able to draw unemplmt while on light duty, is that right or should i be compensated something while they put me on light duty? also was told the amount for settlement is 10,000 per hand is this correct??

Asked on 8/23/05, 10:32 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Re: carpal tunnel surgery

In Missouri, the level of Work comp recovery is based upon the injury rating and the average pay earned the thirteen weeks prior to the injury. Unfortunately, you have not provided enough information for anyone to determine whether the insurance company has told you is accurate. Remember, they work for the employer. Is anyone working for you?

Good Luck

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Answered on 8/24/05, 2:24 pm
Dewey Crepeau Dewey L. Crepeau, P.C.

Re: carpal tunnel surgery

My experience with terminated employees is that the former employer will take the position that the firing was for cause and that trumps their obligation to provide the employee with benefits once the employee is capable of returning to some kind of work. I generally take the position that the employer is obligated to provide the employee with work or pay until he is released regardless of why he was fired. I did have one case once where the employer made some effort to prove that the employee could get hired somewhere else. It turned out that the job that they found was actually a volunteer position at a library! NO PAY!

How much you get depends upon your salary and the nature and extent of your injury. Two people can have the same injury and result, but because of their pay difference they could get totally different amounts per a settlement or trial

Email me directly and I can talk to you further or refer you to someone in your area that handles Work Comp.

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Answered on 8/25/05, 9:38 pm

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