FastCounsel

Detailed Answer

Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney to discuss your specific situation.

If you can’t work due to accident-related injuries in Missouri, you have several potential paths to recover lost wages. Each option depends on the nature of the accident, your insurance coverage and applicable state and federal laws.

1. Missouri Workers’ Compensation

If your injury occurred at work or in the course of employment, you likely qualify for workers’ compensation benefits. Missouri law requires most employers to carry workers’ comp insurance. Under Mo. Rev. Stat. §287.170 (revisor.mo.gov/287.170), you can recover:

• Temporary Total Disability (TTD): Two-thirds of your average weekly wage, up to the statutory maximum.
• Temporary Partial Disability (TPD): Compensation if you return to work at reduced hours or pay.
• Permanent Disability: If you suffer lasting impairment, you may receive a lump sum or ongoing payments.

2. Third-Party Personal Injury Claim

If a third party (e.g., another driver, property owner or manufacturer) caused your accident, you can file a personal injury lawsuit. Under Mo. Rev. Stat. §537.090 (revisor.mo.gov/537.090), you may recover:

• Past and Future Lost Wages: Documented income lost from the date of injury through your expected recovery.
• Loss of Earning Capacity: If you cannot return to your prior job or earn the same wage.

3. Auto Insurance Wage Loss Coverage

Missouri uses an at-fault auto insurance system. Liability policies automatically cover bodily injury, including lost wages, up to policy limits. If the at-fault driver’s insurance doesn’t cover all your lost wages, you might tap your own Uninsured/Underinsured Motorist (UM/UIM) coverage or optional Medical Payments (MedPay) benefits.

4. Short-Term and Long-Term Disability Insurance

If you purchased private disability insurance through your employer or individually, you can file a claim for wage replacement. Short-term plans typically cover a portion of your salary for several weeks to months. Long-term plans kick in after a waiting period and may continue for years or until retirement age.

5. Social Security Disability Benefits (SSDI/SSI)

If your injuries prevent you from working for at least 12 months or are expected to result in death, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). The application process can be lengthy, so apply early. Visit the Social Security Administration at ssa.gov for details.