How Are Workers’ Comp Settlements Calculated in Missouri?

 

Getting injured on the job isn’t an uncommon problem in the workforce. Missouri residents receive various benefits from workers’ compensation to help them get through their recovery. However, some cases close with a settlement, which can take weeks or months to finish the full process. This happens because many injured workers wait to finish their claim until after the point of Maximum Medical Improvement (MMI), which is when you have healed as much as possible and doctors have helped you as much as they can.

Calculating workman compensation settlements considers different factors. The following is an idea of how you can roughly calculate your Missouri workers’ comp settlements.

Calculating Workers’ Comp Settlements in Missouri

Once you have reached MMI, then you can settle your case. MMI considers the severity of your injury to determine how long you will receive workers’ compensation. The doctor first has to rate what your percentage of disability will be from the following choices:

  1. Permanent Total Disability means you cannot return to any employment. You can receive weekly benefits as long as you stay permanently and totally disabled.
  2. Permanent Partial Disability means you can no longer perform certain tasks or jobs. You will receive your benefits in a lump sum.

Missouri Workers’ Comp Settlement Calculation Formula

The formula to calculate your workers’ compensation settlement consists of three parts.

  1. The first part takes into consideration the injured part of the body. There’s a certain number of weeks connected to each body part.
  2. The second part depends on the percentage of your injured body part.
  3. Part three of the formula is dependent upon your compensation rate. Usually, your compensation rate is 2/3 of your average weekly wage.

Once all of your numbers and rates have been calculated, they will be multiplied to get your estimated settlement amount.

Hire an Effective Missouri Workers Compensation Attorney

The best way to handle your workers’ compensation claim is by hiring experienced attorneys at Lanzotti & Rau. Our Missouri workers’ compensation attorneys can help you navigate the complex process of workers’ compensation claims and provide you with steadfast legal action to receive compensation for your on-the-job injury.

To learn more about our legal services or how we handle our workers’ compensation cases, call us today at 573-335-9300 and schedule a free case evaluation.

Can I Return to Work After a Workers’ Comp Settlement?

 

Many questions will run through your head after getting injured on the job. For example, you’ll wonder how your injury will affect your bank account, what to expect from a workers’ compensation settlement, and if and when you can return to work. However, workers’ comp settlements are a complex process that can take up to weeks or months to settle. In simple terms, you can return to work, but there are some things you’ll need to consider before going back to your workplace.

Returning to Work After a Workmans Comp Settlement

Once you return to work after getting injured on the job, you can still reach a workers’ comp settlement. The most important aspect of workers’ compensation is aiding your recovery process and making sure you receive the financial reimbursement for your medical expenses. Your attorney will work on negotiating with the insurance provider to get the best settlement in your favor. However, before you go back to work, here are three factors you should think about:

  • Your relationship with your employer

    Although workmans comp helps mend the relationship between the employer and injured employee by covering your medical expenses, some employers still feel resentment because the claim raises their insurance premiums. If the relationship with your employer wasn’t the best, consider looking for another job where the environment is safer and not as tense.

  • Your injury

    Your number one priority is recovering as much as possible after getting injured at work. However, some injuries will change your life and how you perform certain tasks. If you can no longer perform the same job, then you can take a lump sum settlement and a new position that you can comfortably perform moving forward.

  • Your attorney’s advice

    Consider your attorney’s guidance. Many lawyers have worked on countless workers’ compensation cases. If your attorney advises you not to return to the same job, consider it when deciding your next step. The best decision you can make is one that helps your and your family’s financial future.

Missouri’s Top Workmans Comp Legal Services

If you injured yourself on the job and have questions about your workmans comp settlement or returning to work, contact the experienced attorneys at Lanzotti & Rau. The lawyers in our office can help you pursue legal action to receive compensation after losing wages due to suffering an on-the-job injury.

To learn more about our workmans comp legal services or how we handle our cases, call us today at 573-335-9300 to schedule a free case evaluation.

Tips for Safe Summer Driving

 

Who doesn’t love a good, ol’ fashioned family road trip in the summer? There are few things more memorable than packing up the car to explore the country with your family. Of course, rarely does everything go right on a road trip — the bathroom breaks every 10 minutes for that one person, missing your exit, siblings fighting in the back seat — but that’s all a part of the experience. However, an auto accident can turn a fun family summer vacation into a disaster. Here are some tips for safe summer driving so your family can have a wonderful, accident- and injury-free road trip.

  • Get the car checked

You don’t want to break down on the side of the road, or worse, have your car fail and cause an accident. Especially if you are planning a long road trip or if your car is on the older side, take your car into your local mechanic for a full checkup including tires, A/C, radiator, oil levels, belts, lights, and windshield wipers. This will drastically reduce the likelihood of an accident or breakdown.

  • Monitor severe weather patterns

With summer comes a lot of severe storms in many parts of the country. Be sure to check the weather in all the places you intend to visit, and be prepared for the worst. If you find yourself in the path of a tropical storm, tornado, or hurricane, don’t try to brave the storm. Either stay put and find safety until it passes, or drive somewhere else outside the storm path well before it gets to you.

  • Stop or switch drivers if you are tired

Driving cross-country, especially in unfamiliar areas, takes a lot of focus. Many accidents occur on long-distance road trips because of driver exhaustion. To avoid this, take breaks whenever you need to and fuel up with some snacks and caffeinated beverages. Or, if there’s another licensed driver in the car, have them take over after a few hours. In any case, don’t push yourself if you are too drowsy or exhausted.

  • Minimize driver distractions

On family road trips, there can be a lot of distractions: kids crying in the back seat, eating in the car, movies playing loudly through the stereo. As a driver, you must try to ignore these and other distractions as much as possible. Put away your phone, don’t attempt to eat and drive, and keep your eyes on the road.

  • Be prepared

Better to bring something and not need it than to leave it and miss it later. Here are some essential things you’ll want to make sure to bring along: sunglasses to block out the bright sun, an umbrella for rainy days, a phone charger to keep your phone and GPS app running, windshield covers to keep the car cool on hot days, and an emergency kit just in case.

Missouri Auto Accident Attorney

The thing about car accidents is that they can happen no matter how safe you drive, how good a condition your car is in, or how prepared you are. All it takes is a negligent or distracted driver on the road near you. If someone in your vehicle is injured on a summer road trip during an accident, know that you are legally entitled to compensation from the guilty driver responsible. The experienced auto accident attorneys at Lanzotti & Rau would be honored to represent your case. To learn more about our firm and how we handle cases, give us a call to schedule a free consultation at 573-335-9300.

How Are Wrongful Death Proceeds Divided in Missouri?

Losing a family member is hard, and it’s even harder when their death is a result of negligent action. Wrongful death lawsuits help to ensure the victim’s family members are properly compensated during this difficult time; however, the way the proceeds are divided depends on the state. Here’s how wrongful death compensation is divided in Missouri.

How are Wrongful Death Proceeds Distributed?

In Missouri, the proceeds of a wrongful death lawsuit are paid to the individuals who filed the claim. Even if they weren’t directly involved in the lawsuit, whoever was included in the class must agree on how compensation is divided. Usually, it’s decided amongst the individuals how proceeds should be distributed, but attorneys can also be appointed to help divide the settlement. If the parties can’t come to an agreement with or without an attorney, the court can decide after hearing from everyone.

Who Can File for a Wrongful Death Suit?

Surviving spouses, children, parents, and siblings can file a lawsuit for wrongful death in Missouri. These parties can file for economic damages, such as lost wages, medical bills, and funeral bills, or non-economic damages, including pain, suffering, and loss. Punitive damages which punish the negligent party can also be included in the suit.

The Advantages of Hiring a Wrongful Death Attorney

A wrongful death suit can be a long and complicated process that adds extra grief and stress to an already trying time. There are specific time limitations to filing a claim, and there can be lots of legal hoops to jump through. Whether you’re just beginning to file your claim or need help dividing the benefits, you need a lawyer you can trust who understands the law and can fight for your fair compensation. To receive maximum benefits from your wrongful death claim, you need Lanzotti & Rau.

Experienced Wrongful Death Attorneys in Missouri

The lawyers at Lanzotti & Rau are here to help you navigate the wrongful death claims process and pursue legal action to receive the benefits you deserve. If you want to learn more about our legal services or how we handle our wrongful death cases, schedule a free case evaluation today by calling us at 573-335-9300.

5 Things to Look for in a Workers’ Comp Attorney

If you’re suffering due to a work-related injury, it’s a good idea to talk to a workers’ compensation attorney to see how you can increase your settlement. However, there are several things to look for when you’re considering which workers’ comp attorney to hire.

  1. Experience with Workers’ Compensation Cases

Obviously, the biggest thing to look for when hiring a workers’ comp attorney is their experience level with workers’ compensation cases. Attorneys with field experience will know all the ins and outs of workers’ comp laws and will help you file your claim on time for the maximum amount of benefits.

  1. Experience with Your Injury

Just as it’s important to hire a lawyer with experience in workers’ compensation, it’s important they also have experience with cases similar to yours. Different injuries could mean different types of benefits. If your injury is uncommon, you will need an attorney who is familiar with the full scope of compensation you can receive for your particular on-the-job injury.

  1. Good Community Standing

Lawyers with a good public image will be more reputable. Positive client testimonials and word-of-mouth recommendations from friends and family can be the best sources of information. Membership in a professional organization can also show an attorney’s office is in good standing and will serve you well.

  1. Provides Confidence, Positivity and Respect

Your lawyer should remain positive and proactive throughout the entire claims process. They should be genuinely interested in you and respect your time when you speak. By maintaining positivity and respect, a good workers’ comp attorney should instill a sense of confidence in you, so you know they’re ready to win your case.

  1. Excellent Service

Good customer service shows your workers’ compensation attorney isn’t in it for the money—they’re in it for you. Some law offices will offer a free consultation or won’t charge fees until your settlement is paid out. This shows they’re dedicated to your cause and want to see you succeed in court, no matter the cost.

Trusted Workers’ Comp Attorneys in Missouri

All of the above workers’ comp services are offered by Lanzotti & Rau. Our expert team is ready to help you pursue legal action and receive your due compensation for any work-related injuries. To learn more about our workers’ compensation services and how we handle our cases, schedule your free case evaluation by calling us today at 573-335-9300.

When to Hire a Lawyer After a Car Accident

Car accidents are unexpected events that can have lasting consequences on your physical and mental health. To receive the benefits you deserve, it may be a good idea to hire a car accident lawyer. Here’s when you should hire a lawyer after a car accident.

When Filing an Insurance Claim

Following a car accident, you should file a claim with your insurance company. Filing a car accident claim involves providing the insurance company with details of the accident as well as any potential injuries. This will help you determine how much your initial settlement could be.

Keep in mind, however, that this claim might not get you the maximum amount of compensation. Car accident injuries can take days or even weeks to appear, and there’s a chance the insurance company won’t provide you enough to cover the full extent of your pain and suffering. Additionally, your or the other driver’s policy may not be sufficient enough to cover the damages.

Soon After Your Car Accident

Generally, the sooner you consult with a personal injury lawyer, the quicker you’ll receive your benefits. While Missouri gives up to five years for car accident victims to file a personal injury claim, that’s much too long to wait. Most personal injury lawyers will provide a free consultation to determine if filing a claim is the best course of action, and they’ll be able to get to work right away. As soon as you realize you’ve been injured from a car accident, you should consider hiring a car accident lawyer.

In addition to getting your compensation quicker, the sum could also be higher. Some settlements can reach up to 3.5 times the initial amount if a car accident lawyer is involved. This includes compensation for medical bills, lost wages, and repairing or replacing your vehicle.

Rely on Experienced Missouri Car Accident Lawyers

If you live in the Southern Missouri area and have been the victim of a car accident, the lawyers at Lanzotti & Rau are here to help. Our local team of experts are ready to help you pursue legal action to receive compensation for your car accident injury. To learn more about our services and how we handle our car accident cases, call us today at 573-335-9300 and schedule a free case evaluation.

Who Can Bring a Wrongful Death Claim in Missouri?

Wrongful deaths occur when a person dies as a result of negligent, reckless, or intentional acts by another party. Under Missouri law, survivors can file claims to seek damages on the deceased’s behalf or to recover losses that occurred in connection with the wrongful death. Here is some information on who can and cannot file a wrongful death claim in the state of Missouri.

Who Can File a Wrongful Death Claim?

In short, surviving family members or representatives of the deceased can file a wrongful death claim in Missouri. The state divides claimants into two categories.

  1. Category one claimants have the highest priority and is comprised of immediate family. Spouses, parents, children and grandparents are all included in this first category.
  2. Category two is for decedents who don’t have any surviving spouses, children, grandparents, or parents. Under this category, the next living sibling or descendant can file the wrongful death claim. If there are no surviving family members, a representative of the deceased’s estate can file. The final type of individual included in category two is a plaintiff ad litem. According to Missouri law, a plaintiff ad litem must be suitable and competent to file a claim, and must be requested by someone who is entitled to the deceased’s benefits. A plaintiff ad litem is usually a court-appointed individual.

When Can I File a Wrongful Death Claim?

If you believe you’re entitled to benefits from a wrongful death, the wrongful death claim must be submitted as soon as possible. Most claims can be filed within one to three years, but there are many specific rules to follow that often require nuanced experience to navigate. In order to receive your full benefits in a timely fashion, it’s best to consult with a professional. A wrongful death attorney will know all the ins and outs of filing for a claim and help you receive the benefits you deserve.

Experienced Wrongful Death Claim Lawyers in Missouri

The lawyers at Lanzotti & Rau can help you through the wrongful death claims process and pursue legal action to receive compensation for your loss. To learn more about our legal services or how we handle our wrongful death cases, call us today at 573-335-9300 and schedule a free case evaluation.

How Long After Workers’ Comp Settlements Do I Get Paid?

If you’ve been injured on the job, you may be entitled to workers’ compensation. While workers’ compensation claims may seem straightforward, they’re a complicated process that could take weeks or months to settle. Here’s a timeline of when you can expect your workers’ compensation settlement after filing your claim and how workmans comp lawyers can expedite the process.

How Long Can Workers’ Comp Settlements Take?

While your workers’ compensation case starts as soon as you’re injured, it may take a few months before you actually see any benefits. This is because most people wait to settle their claim until after they’ve reached the point of Maximum Medical Improvement, or MMI. MMI is essentially the point at which you’ve healed as much as you can, and physicians have done everything to help. MMI is the biggest factor in determining how long your workers’ compensation will take because it’s based on the severity of your injury.

What Can Delay Your Workmans Comp Settlement

Essentially, the more severe your injury is, the longer you’ll have to wait for your workers’ compensation settlement. While some only wait a few days, others have to wait weeks or months. It’s possible in Missouri to settle before you reach MMI, but it’s not ideal. If you receive benefits before you’re fully recovered, you’re missing out on coverage for any additional recovery time or medical bills. Insurance programs won’t want to pay once you’re settled, meaning you may incur out-of-pocket expenses that won’t be reimbursed.

Other Factors That Affect Workers’ Compensation Claims

Even after you’ve reached MMI, it can take insurance companies several months to collect medical records and evidence to prove the extent of your injuries. Negotiations will also take time. Oftentimes, the initial settlement offer isn’t the one you end up receiving. Insurance companies, administrative law judges, and defendants all have to discuss your case, so your amount may change over time. In order for you to receive what you deserve, it could take up to three months.

Ultimately, the best way to get your worker’s compensation claim settlement in your hands within a reasonable amount of time is to hire an experienced workmans comp lawyer to negotiate the process on your behalf.

Effective Workmans Comp Lawyers in Southeastern Missouri

The lawyers at Lanzotti & Rau can help you pursue legal action to receive compensation for your work-related injury. We will stay on top of all parties involved to ensure there is constant forward momentum in your case until your settlement is resolved.

To learn more about our workers’ compensation legal services or how we handle our cases, call us to schedule a free case evaluation at 573-335-9300.

How an Attorney Can Help with Your Car Accident Claim

If you’ve been in a car accident, you may be thinking about pursuing legal action. While it’s possible to represent yourself in filing a car accident claim, hiring an attorney is your wisest option. A good car accident attorney will know all the laws surrounding car accident claims and help you to navigate the process so you receive your benefits sooner.

Here are a few ways an attorney can help you with your car accident claim.

Handling Communication with Insurers

Insurance companies need to be in constant contact with defendants during car accident claims, but sometimes they won’t want to talk to the defendant directly. Instead of dealing with it yourself, an attorney can communicate with the other party’s insurance adjuster, ensuing lines of communication remain open, good relations are maintained, and information is easily accessible.

Obtaining Evidence

The most crucial part of a car accident claim is recovering and recording evidence. To receive maximum benefits and strengthen your claim, you must prove the extent of your injuries and that the other party is at fault. It can take a long time to collect and compile accident reports, photos, and videos of the accident scene and medical records. Attorneys can help streamline this process by contacting hospitals and local agencies to get quicker access to these records. Your car accident attorney will save you time and energy, so you can focus on recovery.

Negotiating Your Car Accident Claim

Negotiation is key to receiving a large settlement. Oftentimes, car accident claims will get settled out of court through a series of negotiations. It’s a very difficult skill to master, and insurance companies may try to take advantage of you if you don’t have a lawyer. A good negotiator will know how much your claim is worth and when to stand up and negotiate for you, so you’ll receive your benefits.

Southeastern Missouri’s Trusted Car Accident Lawyers

If you’ve been injured in a Missouri car accident, contact Lanzotti & Rau. Our lawyers have the expertise to help you pursue legal action to receive compensation for your car accident injury. If you want to learn more about our legal services or how we handle car accident claims and cases, call us to schedule a free case evaluation at 573-335-9300.

What Lawyers Look for in a Truck Accident

The aftermath of a truck accident can be difficult to deal with on your own. Therefore, hiring an experienced truck accident attorney to fight on your behalf is crucial. Trucking companies will work hard to look out for their interests and discredit your pain and suffering in order to ensure a minimal settlement.

To win your case, your truck accident lawyer will need to conduct a thorough review of the accident and resulting effects. Here’s what your attorney will look for in a truck accident case.

Truck Accident Documentation

The most important thing lawyers will look for in a truck accident is written and photographic evidence taken before and after the accident. A trucker’s hours of service log or GPS location tracker can tell the court if the driver was overworked or driving at an unsafe speed. It can also tell if the trucker tries to lie about the accident.

Witness testimony is another key factor. People who saw the accident, including parties not directly involved, can give a first-hand account of what happened. A good lawyer will be able to cross-reference all this information to create an accurate depiction of the accident.

Truck Accident Medical Bills and Insurance

Other factors that truck accident lawyers will look for when handling your case will be any personal medical bills incurred as well as the trucking company’s insurance information. It’s important for your lawyer to know every medical expense you’ve had because of the accident as well as lost wages due to injuries so they know how much your claim is worth.

Your truck accident attorney should also be familiar with the other party’s insurance policy. That way, they can hold the trucking and insurance companies accountable if they’re not providing you with full benefits.

What to Look for in a Missouri Truck Accident Attorney

Before filing a truck accident claim, you’re going to want to hire a lawyer you can trust. To defend your interests, your attorney should have experience settling truck accident cases and be familiar with the Missouri truck accident laws. A good attorney will be willing to work toward a fair settlement instead of taking a small payout from the insurance companies. Fortunately, the knowledgeable lawyers at Lanzotti & Rau are ready to take on your Missouri truck accident claim.

Experienced Missouri Truck Accident Attorneys

The team at Lanzotti & Rau has years of experience representing victims of truck accidents and will aggressively pursue legal action to receive compensation for your injury. If you want to learn more about our legal services or how we handle our truck accident cases, call us today at 573-335-9300 and schedule a free case evaluation.