Legal Question in Workers Comp in Missouri

Loss of eye sight settlement

My husband was injured at work when a wire went through his right eye. The doctors after 4-5 hrs. of surgery were able to save the eye but said he will prob. lose his eye sight in that eye. My husband is 34 and a Union Plumber this is all hes done his whole work life. Workers comp. has not asked us to see another Dr.(as of yet anyways) and our present eye specialist thinks he will prob. have a 100% loss in his right eye. We recieve workers comp. pay now, but it is $200.00 less than what my husband usually makes. Can you tell me what kind of settlement to exspect? and am I myself entitled any re-embursments for my loss of wages caring for him and taking him to his eye appointments? The workers comp.lady said the amount is set by what the Dr. says and an attorney can't change that he will only take from the end settlement amount? Please help. Thank you for your time and any help you can offer!!

Asked on 11/07/03, 9:52 am

1 Answer from Attorneys

Spencer Farris The S.E. Farris Law Firm

Re: Loss of eye sight settlement

I am sorry to learn of your husband's injury. Unfortunately, Workers' compensation overpays small injuries, and underpays big injuries like his.

You are entitled to three things under Workers' Compensation law- medical benefits to stabilize the injury, a portion of wages while out of work, and a lump sum for disability. The wage component comes from taking an average of the preceding 13 weeks.

No, you can't recover for your losses in taking him to the doctor, or missed work. Workers' compensation only covers the three items I explained. There is a chart which calculates the value of an injury, and loss of an eye is 140 weeks. He may have a claim against the second injury fund as well, but you would need to speak to an attorney personally to explore that matter.

Best wishes to you both.

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Answered on 11/07/03, 10:15 am

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