Disclaimer: This article provides general information about Missouri law. It does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer: Recovering Lost Wages in Missouri
If an accident-related injury prevents you from working, Missouri law offers several avenues to recover lost earnings. The right path depends on the accident’s circumstances, such as whether it occurred at work, involved a third party, or is severe enough to qualify for disability benefits.
1. Workers’ Compensation Benefits
If you suffer a workplace injury, you can file a claim under Missouri’s workers’ compensation statute, RSMo § 287.120 et seq. You may recover a percentage of your average weekly wage—typically two-thirds—subject to the maximum and minimum rates set by law. See RSMo § 287.130 for benefit amounts and duration (https://revisor.mo.gov/main/OneSection.aspx?section=287.130). You must notify your employer promptly and file a claim with the Division of Workers’ Compensation.
2. Personal Injury (Third-Party) Claims
If a third party’s negligence caused your injuries—such as a motor vehicle crash—you can pursue a personal injury lawsuit. Missouri allows you to recover “special damages,” including past and future lost wages, calculated by examining your pay stubs, tax returns, and expert testimony. File within five years of the injury under Mo. Rev. Stat. § 516.120.
3. Social Security Disability Insurance (SSDI)
If your injuries cause a long-term or permanent disability, you may qualify for federal SSDI benefits. The Social Security Administration evaluates your work history and medical evidence to determine eligibility. Visit https://www.ssa.gov/benefits/disability for application details.
4. Private Disability Insurance
Many employers offer short-term or long-term disability coverage. Review your insurance policy to determine benefit levels and elimination periods. Submit a claim with medical documentation of your inability to work.
5. Other Potential Sources
- Unemployment Benefits: In rare cases where your injury leads to a temporary layoff, you may qualify for unemployment insurance. Contact the Missouri Department of Labor and Industrial Relations.
- No-Fault Insurance: If the injury stems from a motor vehicle accident, you can use Personal Injury Protection (PIP) if your policy includes it.
- Family and Medical Leave Act (FMLA): While FMLA does not provide wages, it secures your job during a serious health condition.
Helpful Hints
- Document lost income with pay stubs, tax records, and employer statements.
- Seek prompt medical treatment to establish a clear injury timeline.
- Meet all filing deadlines: workers’ comp (15 days to notify employer), personal injury (5 years). See RSMo § 287.200 and § 516.120.
- Keep detailed logs of work days missed and tasks you can no longer perform.
- Consult an attorney experienced in Missouri personal injury and workers’ compensation.
- Understand that settlement negotiations may cover future lost earnings and other damages.