Hello! New to the board and have a question about my husband’s injury. He was injured in MO and lost the vision in one of his eyes. He has had retina and cataract surgery but his uncorrected vision is still only 20/400. I believe legally blind is 20/200. His employer has been very accommodating (he works for a small private school) and WC has paid for all of his time off and medical bills. However, I am curious if he is eligible for a permanent partial disability payment. He has been able to return to work and performs the same job he had prior to his injury. From my research, MO state law says the loss of an eye is “worth” 140 weeks of pay. But I cannot find if that is only if you are unable to return to work.
My husband is very loyal to his employer and does not want to cause them any trouble, but I am of the opinion that he sustained a permanent injury and should be compensated. Does anyone know what kind of repercussions an employer would face from their WC insurance carrier if a claim like this was filed (if he is eligible)?
Thanks in advance for any help!
Hi and Welcome to the Forum!! Each Employer is Different, and Act in Different ways when an Employee gets Injured. I'm not Sure if Your Husband has any Monies due Him, but at the Top of the Main Page of this Forum is an "Info. by State" Tab that May be able to give You a Web Site that can give You the Info. You need!! Your Husband's Injury seems to be Permanent, so Hopefully there is some Monies due Him. My Best, and Have a Great Day!!
In Missouri:
If your disability is a permanent partial disability (PPD) (this has to be certified by a physician), the legislature has established a formula to convert that disability into a dollar amount. The maximum weekly wage amount for a permanent partial disability is less than the maximum for the temporary total disability because the disability is partial instead of total. Compensation is for the disability only. The law does not provide compensation for pain and suffering.
Your husband needs a medical opinion to receive any PPD.
Hi. You have some good questions...
Yes, your husband is still entitled to a permanent partial disability award, even though he continues to work. There is a high degree of variance in the amount of this award, and it is very dependent on the level of disability (or "rating") that is assigned by an evaluating physician. I sent you a private message as well where I went into a lot more detail about permanent partial disability, so check your in-box.
The employer does not face extreme hardship or repercussions when a WC claim is filed. Obviously, the degree of setback from the claim will be based on the seriousness of the injury and the amount of medical expenses that the WC insurer has to pay. However, in Missouri, it is illegal for an employer to terminate an employee based on a Workers' Comp. claim. This is called "retaliatory discharge" and there is a specific civil cause of action against an employer who would ever attempt this. Thanks.