Temporary total disability, amount to be paid
When a worker is hurt on the job and cannot work at all for a while, the employer pays them weekly. That pay is about two-thirds (66.67%) of what the worker normally earned, up to a cap based on the state's average weekly wage. These payments can last up to 400 weeks. A worker does not get these payments if they are also collecting unemployment, if they were fired after the injury for bad behavior at work, or if they quit a job that was already following their doctor's work restrictions.
287.170. , amount to be paid — method of payment — , when — post injury defined — benefits not payable, when. — 1. For temporary total disability the employer shall pay for not more than four hundred weeks during the of such at the weekly rate of compensation in effect under this section on the date of the injury for which compensation is being made. The amount of such compensation shall be computed as follows:
(1) For all injuries occurring on or after September 28, 1983, but before September 28, 1986, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this shall not exceed an amount equal to seventy percent of the , as such wage is determined by the , as of the July first immediately preceding the date of injury;
(2) For all injuries occurring on or after September 28, 1986, but before August 28, 1990, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this subdivision shall not exceed an amount equal to seventy-five percent of the state average weekly wage, as such wage is determined by the division of employment security, as of the July first immediately preceding the date of injury;
(3) For all injuries occurring on or after August 28, 1990, but before August 28, 1991, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this subdivision shall not exceed an amount equal to one hundred percent of the state average weekly wage;
(4) For all injuries occurring on or after August 28, 1991, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this subdivision shall not exceed an amount equal to one hundred five percent of the state average weekly wage;
(5) For all injuries occurring on or after September 28, 1981, the weekly compensation shall in no event be less than forty dollars per week.
2. Temporary total disability payments shall be made to the by check or other , or by electronic or other manner by the claimant, and shall be forwarded directly to the claimant without intervention, or, when requested, to claimant's attorney if represented, except as provided in section 454.517, by any other except by of the .
3. An employee is from receiving temporary total disability during any period of time in which the claimant applies and receives .
4. If the employee is terminated from post-injury based upon the employee's , neither temporary total disability nor benefits under this section or section 287.180 are payable. As used in this section, the phrase "post-injury misconduct" shall not include absence from the workplace due to an injury unless the employee is capable of working with , as by a physician.
5. If an employee voluntarily separates from employment with an employer at a time when the employer had work available for the employee that was in with any imposed upon the employee within a as a result of the injury that is the subject of a for benefits under this chapter, neither temporary total disability nor temporary partial disability benefits available under this section or section 287.180 shall be payable.
(RSMo 1939 § 3704, A.L. 1947 V. II p. 438, A.L. 1951 p. 620, A.L. 1953 p. 530, A.L. 1957 p. 560, A.L. 1959 S.B. 167, A.L. 1961 p. 423, A.L. 1965 p. 414, A.L. 1967 p. 384, A.L. 1969 p. 393, A.L. 1971 H.B. 25 & 364, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1979 H.B. 496, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 H.B. 243 & 260, A.L. 1987 H.B. 564, A.L. 1990 S.B. 751, A.L. 1998 H.B. 1237, et al., A.L. 2005 S.B. 1 & 130, A.L. 2017 S.B. 66, A.L. 2021 H.B. 604 merged with S.B. 303)
Prior revision: 1929 § 3313
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.