The Four Types of Monetary Workers Compensation Benefits

Workers’ compensation is a state-mandated insurance program that benefits workers who are injured or become ill while on the job. It’s important to know the ins and outs of workers compensation benefits so you can file for the maximum amount of monetary compensation you deserve.

Monetary Workers’ Compensation Benefits

Here’s a breakdown of the four types of monetary workers’ compensation benefits you can receive.

  1. Temporary Partial Disability

    Temporary partial disability, or TPD, is granted when an employee can return to a light or modified form of work and receive less than full pay. The amount of TPD benefits is 2/3 of the difference between the average earnings at full pay and the amount the employee will earn while they are injured. TPD benefits are paid weekly.

  2. Temporary Total Disability

    An employee qualifies for temporary total disability, or TTD, when a physician deems an employee unable to work due to an injury. It can also be granted when someone is recovering from surgery. The maximum amount someone can receive for temporary total disability is 2/3 of the worker’s average gross wage per week.

  3. Permanent Partial Disability

    Permanent partial disability affects a worker’s ability to perform a job or task permanently, but they’re still able to work in a certain capacity. The benefits from PPD can be calculated two ways. Some people will settle for a lump sum. If not, permanent partial disability is paid weekly at a rate of 2/3 of the employee’s weekly earnings at the time of the injury.

  4. Permanent Total Disability

    Permanent total disability is the fourth form of workers’ compensation. This means an employee is unable to work any job. PTD payments can be made weekly, or workers can also receive a lump-sum settlement. If someone chooses to receive weekly payments, the amount is 2/3 of the employee’s earnings when the injury occurred. This maximum amount is usually higher than PPD.

Your Southeastern Missouri Workers’ Compensation Benefits Experts

If you’re looking for compensation for a work-related injury, consider hiring the lawyers at Lanzotti & Rau. Our team has fought for our clients for years, and we charge no bills or fees unless we win your case—a true testament to our confidence that we will successfully represent your case and secure you your deserved workers’ compensation benefits.

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

What Kind of Cases Do Personal Injury Lawyers Handle?

If you have suffered a personal injury due to no fault of your own, pursuing legal action may not be at the top of your mind, but it is entirely likely that you are entitled to compensation for your injury.

However, the legal process is not something that you should navigate on your own. An experienced personal injury lawyer can help you present your case and get awarded compensation for a variety of personal injury cases. But first, you must determine if your injury qualifies as a personal injury.

What Does Personal Injury Mean?

Legally speaking, a personal injury is an injury that someone suffers due to the negligence of another. However, this does not mean that you were hurt directly by another person, per se. For example, if you are injured by slipping and falling at the store, then you are likely eligible for a personal injury settlement. This is all to say that personal injuries fall under a broad legal category that is likely to cover your specific accidental injury.

Common Cases Handled by a Personal Injury Lawyer

Personal injury lawyers typically handle the following types of cases:

  • Automobile Accidents
  • Construction Accidents
  • Dangerous Products
  • Medical Malpractice
  • Slip and Fall Accidents
  • Unsafe Property
  • Workers’ Injury
  • Wrongful Death

If you are unsure if your injury qualifies as a personal injury, then consult with an experienced personal injury lawyer to help you navigate the legal process, represent your best interests, and get you the compensation you deserve.

Your Local Personal Injury Lawyers in the Southeastern Missouri Area

Are you looking to pursue legal action to receive compensation for your personal injury? Then rely on the expert personal injury lawyers at Lanzotti & Rau.

Our knowledgeable and experienced lawyers have handled all kinds of personal injury cases, We also do not charge any upfront fees. In fact, we’re so confident that we can help you get the settlement you deserve, that we won’t charge you until your case is won. Therefore, if you don’t get paid, neither do we.

For more information about our personal legal injury services, schedule a free case evaluation with us by calling at 573-335-9300 today.

What Are the Types of Workers Comp Benefits?

Every state requires a program to provide benefits to workers who are injured at work. In Missouri, there are several types of workers’ compensation benefits that an injured employee may be eligible to receive.

If you’ve been injured during an on-the-job accident, you may qualify for one of the following types of workers’ compensation benefits.

Missouri Workers’ Compensation Benefits

Depending on the severity of your injury, the state of Missouri offers four types of workers’ compensation disability benefits. They include:

  • Temporary Partial Disability (TPD) Benefits

    Following your worksite injury, the state of Missouri requires your company to pay you temporary partial disability benefits until a doctor says you can return to work and perform light or modified work.

  • Temporary Total Disability (TTD) Benefits

    If your doctor determines you’re unable to return to work due to your on-the-job injury, you can receive payment for lost wages in the form of temporary total disability. People recovering from surgery are also eligible for TTD; however, in order to receive TTD you must actually be temporarily disabled, unable to return to work, and have limited mobility.

  • Permanent Partial Disability (PPD) Benefits

    To receive permanent partial disability benefits, your injury must occur on the job and affect your ability to do specific types of work. However, your employer may ask you to perform other, less strenuous duties until you are fully healed.

  • Permanent Total Disability (PTD) Benefits

    This type of disability benefit is awarded to those who are permanently unable to work any sort of job due to a qualifying on-the-job injury. There are several ways to receive your permanent total disability benefits. Payments are either paid on a weekly basis from your former employer and its insurance company, or you can negotiate a lump-sum settlement in court.

If your work injury exacerbates pre-existing disabilities to cause permanent total disability, you may only be able to receive permanent partial disability from your former employer. To receive this form of PPD, you will have to file a second claim to receive your full deserved compensation and should consult with a seasoned workers’ compensation attorney.

Professional Workers’ Compensation Benefits Legal Services

When making a claim for workers’ compensation, it’s important to hire an attorney with experience. Administrative law judges and insurance companies do their best to make sure you receive the least amount of compensation possible. A lawyer with years of expertise handling workers’ compensation cases will be able to help you file your claim and receive the most benefits available so both your mind and body can heal.

The experienced lawyers at Lanzotti & Rau can help you pursue legal action to receive your workers’ compensation benefits. We will fight for you and charge no fees until we win your case. To learn more about our workers’ compensation legal services, call us today at  573-335-9300 to schedule a free case evaluation.

5 Reasons Your Workers Compensation Claim Was Denied

Workers compensation benefits can provide financial security at a time of physical and emotional stress. However, if your claim is denied, it can cause you additional worry. Here are a few reasons why your worker’s compensation claim may be denied and what you can do to help get it approved.

Reasons for Worker’s Compensation Claim Denial

  1. Your injury isn’t work-related.

    In order to receive workers’ compensation benefits, your injury must occur while you’re at work. If you’re on a break or commuting when it occurs, your claim likely won’t be approved. The claim could be approved if you’re on a work assignment or at an event, but it will be harder to prove. Workers’ compensation will also not be provided if the injury is a result of misconduct or horseplay. It’s important to gather as much evidence as possible to prove your injury occurred on the clock.

  2. You missed a deadline.

    There are several deadlines to meet when filing a workers’ compensation claim. If you don’t report the injury right away, your employer won’t know to file an accident report. When an accident report isn’t filed, it’s easier for companies to claim the injury didn’t occur. An additional workers’ compensation claim is required to be filed in court. Missouri law says this claim must be filed within two years of the injury. Missing this deadline means your claim probably won’t be approved.

  3. You weren’t treated by an approved physician.

    Seeing a doctor is a crucial step in securing your benefits. Your company’s insurance policy might provide you with a specific list of medical providers to receive treatment for a work-related injury. You might not be approved if you see a doctor outside of this list. Similarly, there’s a chance you’re denied if you don’t seek treatment at all. Medical evidence is required to prove you received the injury at work. If you don’t have any records of seeing a doctor, your company could claim the injury never even happened.

  4. Your claim didn’t meet state guidelines.

    Missouri has strict guidelines for work-related injuries. There could be restrictions on receiving benefits for trauma or other psychological conditions. Pre-existing conditions might go against state guidelines for providing benefits.

  5. You didn’t have an attorney.

    While it’s not required to hire an attorney for your workers’ compensation claim, having an experienced lawyer on your team will increase your chances of approval. A workers’ comp attorney will be able to walk you through all the steps of a workers’ compensation claim, compile documentation, and argue on your behalf to get you the benefits you deserve.

Successful Worker’s Compensation Legal Services

The attorneys at Lanzotti & Rau have been successfully handling personal injury cases in Southeastern Missouri for decades. We’ve seen all sorts of workplace injuries and are ready to get justice for you. If you’re ready to pursue legal action to receive compensation for your on-the-job injury, call us today at 573-335-9300 to schedule a free case evaluation.

Involved In a Slip and Fall? Take These Six Steps

No one expects to be involved in a slip and fall accident. It can be a jarring and scary experience for everyone involved, especially if it results in an injury. If this kind of accident has happened to you, don’t get embarrassed. Instead, get compensated.

Here are a few measures you can take to get the support and compensation you may be entitled to after an unexpected slip and fall.

What to Do After a Slip and Fall Accident

  1. Take note of your surroundings.

    After taking a moment to get your bearings, take in your surroundings. Understand how you fell in the first place and make sure you are not in a situation where you could be hurt again. The last thing you want to do is spring back up and make your injury worse.

  2. Take photographic evidence. 

    After a slip and fall, employees and business owners may want to clean up the accident area as soon as possible. Before they do, take pictures of the problem area for evidence in your case.

  3. Exchange contact information with everyone involved.

    Get personal information from anyone around who has seen the accident happen. Takedown employee and witness names, phone numbers, and addresses.

  4. Inform the property owner.

    Tell the owner where and how you feel, and if you are injured. Businesses will often need to report the incident. Be aware that if the owner asks you to sign any paperwork, they may have written it to act in their favor. Before signing anything, consult with a personal injury attorney.

  5. Go see a doctor.

    If you’ve been seriously injured or are in pain, go see a doctor immediately. Be sure to gather all supporting medical documentation regarding your slip and fall injury.

  6. Hire a personal injury attorney.

    A personal injury attorney will know the ins and outs of slip and fall accidents including compiling documentation and medical evidence and negotiating with insurance companies to reach an agreeable and rewarding settlement.

Experienced Slip and Fall Personal Injury Attorneys

The personal injury attorneys at Lanzotti & Rau regularly and successfully argue slip and fall cases. Our team is experienced in handling every detail surrounding slip and fall accidents, so you can rest easy knowing your case is in good hands and on sturdy ground.

If you want to learn more about our premises liability legal services or how we handle our personal injury cases, call us today at 573-335-9300 to schedule a free case evaluation.

How Long Do Long-Term Disability (LTD) Benefits Last?

A workplace injury can be sudden, severe, and unexpected. In the aftermath of a debilitating on-the-job injury, you may be unable to work for an extended period of time. In the right circumstances, you can apply for employer-provided disability insurance coverage, specifically, long-term disability (LTD) benefits.

LTD is applicable for those with injuries that can prevent work for a year or more. If you are injured, you are likely curious as to how long you could be eligible to receive LTD benefits. While the terms of each case are different, there are some considerations that will help you get an idea of how long your long-term disability benefits will last.

Determine the Length of your Long-Term Disability Benefits

To estimate the length of time you are entitled to LTD benefits, you must review the policy provided by your employer. The Employee Retirement Income Security Act of 1974 (ERISA) requires employers to provide policy-related documents to employees for free. These will include important information for you to review such as:

  • The benefit period
  • The benefit amount
  • Any policy exclusions to note

In general, LTD benefit payment periods can last anywhere from two, five, or ten years. However, there are many factors involved, so you must ensure to read your specific policy thoroughly. Keep in mind that you can also purchase additional private policies to supplement your employer-provided disability insurance.

Get Help Navigating the LTD Claims Process

The process to be awarded LTD benefits are not cut and dry. In fact, it is possible that your claim can be denied. Fortunately, the expert attorneys at Lanzotti & Rau have years of experience navigating long-term disability claims. Our lawyers will help you understand the LTD claim process, compile the necessary documentation, and get you the benefits, and benefit period, you deserve.

Furthermore, Lanzotti & Rau takes no money upfront and charges no attorney bills until you win a settlement – a testament to the motivation and confidence you can expect from our team.

Reliable and Effective Long-Term Disability Lawyers

The lawyers at Lanzotti & Rau can help you pursue legal action to receive compensation for your injury. If you want to learn more about our long-term disability legal services or how we handle our cases, call us today to schedule a free case consultation at 573-335-9300.

What Am I Entitled To In My Workers Compensation Case?

Depending on the industry you work in, on-the-job injuries are always a possibility. In the event you are injured on the job, you may be entitled to receive workers’ compensation through your employer’s disability insurance provider. These benefits include monthly payments made to you for as long as you are unable to work, which can help ensure your life stays on track while you recover from your injury.

While your specific workers’ compensation benefits will depend on a variety of factors, it’s important to understand what you may be entitled to as you navigate the claims process.

What You Are Entitled to With Workers’ Compensation Benefits

Generally, workers’ compensation benefits cover the following, with some exceptions per your policy:

  • Medical expenses – Awarded benefits will pay for the medical bills required to diagnose and treat your workplace injury. However, it’s worth mentioning that you would be excluded from workers’ compensation benefits if you were under the influence of drugs and/or alcohol when the injury took place, or if the injury was intentionally self-inflicted.
  • Disability payments – Workers’ compensation benefits will also award you temporary disability payments to supplement your income while you are out of work. If the workplace injury results in a permanent issue, you will be compensated for that as well.
  • Rehab and retraining – Depending on your injury and the state you live in, workers’ compensation benefits may also award you funds for remedial training for your job and any rehabilitation needed.

The Benefits of Hiring a Workers’ Compensation Benefits Lawyer

When filing for workers’ compensation benefits, it’s important to understand what may be possible for you and what to expect. For instance, applicable injuries for workers’ compensation benefits don’t always need to be the result of an accident. If you can prove that the work you have done over time has developed into physical or medical issues, then you may be awarded workers’ compensation benefits. An experienced workers’ compensation lawyer can help you file your claim and compile the documentation needed to win you your benefits.

Win Workers’ Compensation Benefits with Lanzotti & Rau

If you are an injured worker in the greater Missouri area and are unsure where to begin, let the expert attorneys at Lanzotti & Rau help you navigate the complicated workers’ compensation claims process and help you pursue legal action to receive compensation for your on-the-job injury. With our expertise and experience, we will build you an ironclad case to get you the workers’ compensation benefits you deserve. Additionally, we at Lanzotti & Rau take no money upfront and charge no attorney bills until you win a settlement—a testament to the motivation and confidence you can expect from our team.

If you want to learn more about our workers’ compensation legal services or how we handle our cases, call the lawyers at Lanzotti & Rau today to schedule a free case consultation at 573-335-9300.

Should I Hire A Long-Term Disability Lawyer?

When it comes to applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) those who hire long-term disability lawyers are more likely to be approved. As with any legal case, having someone on your side who understands the process is helpful, but you may be asking yourself if it’s really necessary.

Here are the most important reasons you should consider hiring a long-term disability lawyer and what you should expect your lawyer to understand about applying for disability.

4 Reasons to Hire a Long-Term Disability Lawyer

  1. They Know What Evidence Is Necessary

    Having the right medical evidence can make or break a disability case. Your disability lawyer will have the experience to know what evidence is needed to develop a strong case for your specific medical condition. Unrepresented applicants often submit irrelevant information, thinking the more they submit the better. The key to winning is including only what makes the strongest case for you—your lawyer will help you do that.

  2. They Regularly Communicate With Medical Providers

    Long-term disability lawyers talk to medical professionals on a near-daily basis. Often, unrepresented applicants run into hiccups when trying to get a supportive opinion from a doctor. This can happen for a variety of reasons; for instance, if the doctor doesn’t understand the disability process or just doesn’t have time to fill out paperwork. Your lawyer will know how to appropriately reach out to medical professionals and has experience answering any questions they may have.

  3. They Know the Right Argument for Your Case

    There are many arguments used to win disability cases—your lawyer will be familiar with them all and help decide what route will be most effective for your case. Additionally, they’ll be familiar with the hearing process, the judges involved, and how to respond if “bad facts” are thrown your way.

  4. They Can Help Appeal Disability Claim Denial

    While most disability claims in the U.S. are denied, there are steps you can take to appeal a denial. When you hire a long-term disability lawyer, they’ll help you through the complicated process from filing for an appeal to your hearing date.

Experienced Long-Term Disability Legal Services

If you’re filing for Social Security disability in the Southeastern Missouri area, our expert lawyers at Lanzotti & Rau can help you pursue legal action. To learn more about our Social Security Disability legal services, call us today to schedule a free case evaluation at 573-335-9300.

 

What to Do After a Car Accident           

After a car accident, you may be consumed with panic, worry, anger, confusion, and many other emotions. However, it is important to remain calm, because the sooner and more thoroughly you begin preparing documentation for the insurance claim process, the more likely you are to get properly compensated for the injuries and damages you’ve suffered due to the negligence of others.

Here is what you should do following a car accident in order to ensure you get the compensation you deserve.

Prioritize Your Safety

Of course, the first thing to do after an accident is to prioritize the safety of all involved. If you have sustained serious injuries, don’t move until paramedics arrive on the scene. If others in your vehicle or the other vehicle have sustained serious injuries, advise them to do the same.

If you have not suffered serious injuries, however, be sure to get to safety as soon as possible. If you are able to move your car, try to pull it over to the side of the road.

Call the Authorities

In many states, the law requires you to call 911 after a car accident, no matter the level of severity. So, if you are able to, it is important to call authorities to the scene of an accident as soon as possible. Oftentimes, the insurance company will want a copy of the police report from the accident when you file your claim. Therefore, if you are unable to call the authorities to the scene, be sure to stop by a police station after the accident to fill out the police report yourself.

Exchange Information and Document the Scene

If both drivers are okay, after the authorities have been called to the scene, you should begin exchanging information and documenting the accident. You can even call your insurance company at this point to ask them what information is needed to file the claim. Generally, you should collect the following:

  1. Information on the other driver, including their full name, contact information, insurance information, vehicle information, and driver’s license number
  2. The names and contact information of any other parties involved with the accident, including passengers and witnesses
  3. The names and badge numbers of any officers on the scene
  4. Pictures of the scene
  5. The address of where the accident took place

After this, you can begin filing your claim. However, if you need assistance navigating the insurance claim process or if your sustained personal injuries result in missed work or expensive hospital bills, then you should consider consulting with a car and truck accident attorney to help you understand your legal options.

Reliable Local Car Accident and Personal Injury Legal Services

You shouldn’t have to deal with the ramifications of a car accident on your own. If you live in the Southeastern Missouri area, take advantage of the professional personal injury legal services offered by the experienced attorneys at Lanzotti & Rau.

We are so confident in our ability to help you successfully pursue legal action to receive compensation for your injuries that we charge no upfront fees and only take a percentage of your final settlement. This means that if you don’t get paid, neither do we.

For more information on our car accident and personal injury legal services, schedule a free case evaluation with us by calling us at 573-335-9300 today.

8 Questions to Ask a Workers Compensation Lawyer

When you’ve been injured on the job, finding a good workers’ compensation lawyer probably isn’t the first thing on your mind. However, the decisions you make while filing your claim alone can quickly come back and create problems for your case if you don’t have the help of legal professionals in your corner. If you’re considering filing for workers’ compensation, finding the right workers’ compensation lawyer to help you through the process can make all the difference.

Here are eight questions to ask a workers’ compensation lawyer before hiring them, during the claims process, and before returning to work.

What to Ask a Workers’ Compensation Lawyer Before Hiring Them

  1. How Many Workers’ Compensation Cases Have You Handled?

    In addition to getting an idea of how long a lawyer has practiced law, this question will help you decide how experienced they are in representing cases like yours. Just because a lawyer has been in the business for a while doesn’t necessarily mean they’re the best choice for your workers’ compensation case. Also, make sure your lawyer is not spread too thin and that they can focus their time and attention on your specific claim.

  2. What’s Your Success Rate with Workers’ Compensation Cases?

    Of course, you want a lawyer who is successful in handling workers’ compensation claims. The ideal success rate should be around 70 to 80%. If it’s lower than 40%, you may want to move forward with a different lawyer—even if the one you’re considering specializes in workers’ compensation claims.

  3. Are There Any Upfront Costs?

    In Missouri, the state limits workers’ compensation lawyer fees to 25% of your awarded compensation, but don’t be afraid to ask if your lawyer charges anything upfront. You may also want to ask about litigation costs which can be incurred before, during, and after a case. This can include anything from court filing fees to travel expenses. However, legitimate and reputable Missouri attorneys will charge no upfront costs, no recovery, and no fees until your case is successfully settled.

What to Ask a Workers’ Compensation Lawyer During The Claims Process

  1. What if the Injury Was My Fault?

    Missouri is a no-fault worker’s compensation state. That means, as long as you weren’t drunk or under the influence of drugs when the injury occurred, you are eligible to file for a claim.

  2. What Benefits Can I Receive?

    Workers’ compensation pays for medical treatment, temporary wage replacement, and compensation for permanent disfigurement or impairment. Different benefits vary by state, so it’s important to ask your lawyer what compensation you may be eligible for.

What to Ask a Workers’ Compensation Lawyer Before Going Back To Work

  1. What if I Need Additional Medical Treatment?

    Workers’ compensation should continue to pay for medical treatment until you’re fully recovered. If your lawyer is helping you file for a settlement, additional medical treatment should be factored in.

  2. What if My Employer Wants Me to Work Outside of My Restrictions?

    It’s important that you only work within your restrictions. If your employer asks you to do work beyond what is listed in your restrictions, contact your lawyer immediately. If you work outside of your restrictions, your employer can use it as evidence against you to end your benefits.

  3. Should I Leave My Job?

    If you leave your job, you could face losing your benefits. It’s best to stay with your employer. That being said, if your employer is treating you unfairly or you feel they are forcing you to quit, contact your lawyer immediately.

Your Local Workers’ Compensation Lawyers

If you’ve been injured on the job, the lawyers at Lanzotti & Rau can help you pursue legal action to receive compensation for your personal injury. The experts at Lanzotti & Rau take no money up front and no attorney bills until you win a settlement — a testament to the motivation and confidence you can expect from our team.

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