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Employer's Violation Can Increase Work Comp | Farris Law Firm Blog
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How an Employer’s Violation Can Increase Your Work Comp Award

Missouri Work Comp ScaffoldPenalty provision can mean a 15 percent increase in your Missouri work comp award

In Missouri, the worker’s compensation law is meant help employees who have been hurt on the job. If the injury was caused by an employer’s failure to follow a Missouri statute, the work comp award may be eligible for a 15 percent increase.

If you or someone you love has been injured or a loved one has been killed in workplace accident, contact the Missouri workers compensation lawyers at The S.E. Farris Law Firm. Call 314-A-LAWYER (314-252-9937) today for a free consultation.

Missouri’s Work Comp Penalty Provision

A provision in Missouri’s workers compensation law, Section 287.120.4 RSMo., states that if a Missouri employer violates a state statute and a worker is hurt as result, the employer may be subject to a penalty that increases the award by 15 percent.

Recently, the Missouri Court of Appeals, Eastern District, applied that rule in a case involving a painter who was hurt on the job after a scaffold and ladder he was standing on collapsed. In that case, Hornbeck v. Spectra Painting Inc., et al., the Court concluded the worker was entitled to a 15 percent increase in his work comp award because the employer violated Missouri’s Scaffolding Act.

The 15 percent penalty was applied to three portions of the work comp award:

  • Temporary total disability benefits
  • Medical benefits
  • Permanent partial disability benefits

However, the Court ruled that the penalty did not apply to the worker’s Second Injury Fund award.

Contact a St. Louis Workers Compensation Lawyer

If you or someone you love has been hurt on the job, you may be eligible to receive an enhanced workers compensation award. To find out if the 15 percent penalty provision applies in your case, contact St. Louis personal injury lawyers at The S.E. Farris Law Firm. Call 314-A-LAWYER (314-252-9937) today for a free consultation.

At The S.E. Farris Law Firm, our practice is focused on the needs of injury victims. We guarantee our clients that our dedication is more than just a motto. At the end of your case we measure our success not by the amount of money we have recovered for you but by whether you would give our name to others as good lawyers to have on their side.