Operator transparency

This site is operated by Mustafa Bilgic, an individual based in Adiyaman, Turkiye. The operator is NOT a licensed attorney, NOT a law firm, and does NOT provide legal advice. This page is informational research compiled from public statutes, agency guidance, and legal-education sources. Verify current law with the official state publisher and consult a licensed attorney in Missouri.

Address: Malazgirt No: 225, 02000 Adiyaman, Turkiye
Email: [email protected]

Research note

No fake verdicts, invented averages, or testimonials. Dollar examples are hypothetical only. Verify rates with Missouri Division of Workers' Compensation.

Missouri workers' compensation stands apart in two ways: the state maintains a Second Injury Fund (one of the few remaining in America) and it uses a "past and present ability to earn" standard for PPD rather than relying solely on impairment ratings. These features make Missouri more nuanced and potentially more generous for workers with pre-existing conditions. Missouri also has the shortest waiting period in this group at just 3 days.

Missouri workers compensation at a glance

RuleMissouri (MO)
TTD rate66 2/3% of AWW
Max weekly formula105% of SAWW
Waiting period3 days
Retroactive threshold14 days (if disability exceeds 14 days, first 3 days compensated)
Statute of limitations2 years from injury or last voluntary payment
Notice30 days written notice to employer
SystemAdministrative (Division of Workers' Compensation, ALJs)
Settlement approvalDivision approval for compromise settlements; stipulation or compromise options; Second Injury Fund has separate process
Doctor choiceEmployer selects initially; employee may treat at own expense and petition for change
Coverage threshold5+ employees
Governing lawRSMo Chapter 287
Notable ruleSecond Injury Fund (RSMo 287.220), one of few surviving state funds for combined pre-existing + new disability. Uses "past and present ability to earn" standard for PPD instead of impairment rating alone.

How temporary total disability works in Missouri

Under RSMo 287.170, TTD pays 66 2/3 percent of the average weekly wage, capped at 105 percent of SAWW (FindLaw confirmed 66 2/3%). Missouri's 3-day waiting period is the shortest in this group. If disability extends beyond 14 days, the first 3 days are paid retroactively. Burial costs are capped at $5,000 (FindLaw confirmed).

The average weekly wage is calculated from the 13 weeks preceding the injury. Overtime, tips, and board-and-lodging benefits may be included under certain circumstances. Five or more employees (plus all construction employers) triggers mandatory coverage (FindLaw confirmed).

Missouri PPD schedule (RSMo 287.190)

Scheduled weeks for permanent partial disability. Verify with Missouri Division of Workers' Compensation.

Body partWeeks
Thumb60
Index finger35
Middle finger30
Ring finger25
Little finger20
Hand175
Arm232
Great toe30
Foot150
Leg206
Eye160
Hearing (one ear)49
Hearing (both)170

Estimate your Missouri workers comp benefits

Educational estimate only. Verify rates with Missouri Division of Workers' Compensation.

The Second Injury Fund: Missouri's distinctive safety net

RSMo 287.220 addresses what happens when a new workplace injury combines with a pre-existing disability to create greater total disability. Without the Fund, employers might face liability for the entire combined disability, creating a disincentive to hire workers with known disabilities. The Fund absorbs the additional liability.

Example: a worker who lost vision in one eye before employment suffers a workplace injury causing loss of the remaining eye. Without the Fund, the employer is liable for total blindness. With the Fund, the employer covers only one eye's loss, and the Fund covers the combined disability. Most states have eliminated their Second Injury Funds, but Missouri continues to operate this system.

Past and present ability to earn: Missouri's PPD standard

While many states calculate PPD purely from AMA Guides impairment ratings, Missouri considers the worker's age, education, work experience, transferable skills, and economic impact. An ALJ has more discretion in setting PPD values than in formula-driven states like Kansas or Tennessee. This can produce higher awards for workers whose injuries are economically devastating even with modest impairment ratings, and lower awards for those with high ratings who can still earn a living.

Settlement process in Missouri

Missouri uses stipulations (preserving appeal rights) and compromise settlements (full-and-final). Both require Division approval. Second Injury Fund claims have a separate process because the Fund is a party. The three-party dynamic (worker, employer/insurer, Fund) can make Missouri settlements more complex but can also produce larger total payouts. The 2-year SOL and 30-day notice requirement (FindLaw confirmed both) govern filing.

When the Second Injury Fund is involved, the settlement typically allocates a portion of the total payout to the Fund's liability and a portion to the employer or insurer. This allocation affects the tax treatment and the distribution of attorney fees. Workers with pre-existing disabilities should specifically ask their attorney whether a Second Injury Fund claim is available, because the Fund can significantly increase the total recovery.

Medical treatment and doctor choice in Missouri

Employers have the initial right to select the treating physician (FindLaw confirmed). The employee may treat at own expense with own doctor and petition for a change if employer treatment is inadequate. Because Missouri uses "past and present ability to earn," the ALJ is not bound by the impairment rating alone when valuing PPD.

Missouri's medical treatment rules create an unusual dynamic: even though the employer initially selects the doctor, the broader "past and present ability to earn" standard means the ALJ can look beyond the employer-selected doctor's impairment rating when determining the PPD award. A worker who obtains a higher rating from an independent examination at their own expense can present that evidence to the ALJ, who has discretion to consider it alongside the authorized physician's opinion.

Related resources

Other state workers comp calculators

Frequently asked questions

What is Missouri's Second Injury Fund?

A state fund under RSMo 287.220 covering additional disability when a new injury combines with pre-existing disability. It encourages hiring workers with pre-existing conditions by absorbing combined-disability liability.

How does Missouri calculate PPD differently?

Missouri uses 'past and present ability to earn,' considering age, education, work experience, and economic impact, not just impairment rating. This gives ALJs more discretion.

Why is Missouri's waiting period only 3 days?

Set by RSMo 287.170. Benefits begin on day 4. If disability exceeds 14 days, the first 3 days are paid retroactively.

What is the statute of limitations?

Two years from injury or last voluntary payment.

Can I see my own doctor?

You may treat at your own expense. The employer initially selects, but you can petition for a change if treatment is inadequate.

What is a stipulation vs. a compromise?

A stipulation preserves certain appeal rights. A compromise is full-and-final. Both require Division approval.

Is this page legal advice?

No. SettlementCalculator.xyz is operated by Mustafa Bilgic, a non-attorney individual operator. Consult a licensed Missouri attorney.

Where do I check Missouri rates?

Visit labor.mo.gov/workers-compensation or contact the Division directly.

Cited sources