How to Claim Lost Wages from Multiple Jobs Following an Injury in Missouri

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

1. Understanding Missouri Workers’ Compensation Benefits

In Missouri, most employers with five or more employees must carry workers’ compensation insurance under RSMo § 287.120 (https://revisor.mo.gov/main/OneSection.aspx?section=287.120). If you suffer a work-related injury, you are generally entitled to temporary total disability (TTD) benefits to cover lost wages while you cannot work.

2. Calculating Your Average Weekly Wage (AWW)

RSMo § 287.170 (https://revisor.mo.gov/main/OneSection.aspx?section=287.170) governs AWW. When you hold multiple jobs, the insurer must combine earnings from all covered positions to determine your AWW. To calculate:

  • Gather your gross wages for the 52 weeks before the injury, from each job.
  • Add those sums, then divide by 52 to get your average weekly wage.
  • Workers’ comp pays 66⅔% of that AWW, up to the state maximum weekly amount (adjusted annually).

3. Filing Your Claim

Missouri law requires that you report your injury to each employer within 30 days under RSMo § 287.200 (https://revisor.mo.gov/main/OneSection.aspx?section=287.200). Then:

  1. Obtain a Physician’s Report documenting your injury and work restrictions.
  2. Submit a Form 100 (Employer’s First Report of Injury) through the employer or their insurance carrier.
  3. Ensure the insurer has your wage information from all jobs to calculate AWW accurately.

4. Resolving Disputes Over Multiple Employers

If one carrier disputes inclusion of wages from a particular job, you may file a claim petition with the Missouri Division of Workers’ Compensation (DWC). The DWC will hold a hearing to determine:

  • Whether each job was covered by workers’ compensation.
  • The correct AWW based on combined earnings.

5. Timing and Deadlines

You must file any contested-claim petition within two years of the date you knew or should have known that benefits were wrongfully withheld (RSMo § 287.495, https://revisor.mo.gov/main/OneSection.aspx?section=287.495). Missing deadlines can result in a loss of benefits.

Helpful Hints

  • Keep precise wage records from each employer and paystub to support your AWW calculation.
  • Notify all of your employers and their insurers in writing about your injury and lost-wage claim.
  • Maintain copies of medical reports, correspondence, and forms submitted to insurers.
  • Consider consulting a workers’ compensation attorney if the insurer disputes your AWW or delays payments.
  • Attend all Division of Workers’ Compensation hearings and comply with procedural rules and deadlines.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.