Springfield Child Workers' Compensation Attorneys
Helping Injured Workers in Missouri & Arkansas
When a parent is injured on the job, the entire family can suffer. In addition to the physical pain and emotional trauma, the financial strain can be overwhelming. If you are a parent who has been injured at work, you may be wondering how you will be able to support your children. Fortunately, you may be eligible for child workers' compensation benefits.
At Webster & Carlton, our Springfield child workers' compensation lawyers are dedicated to helping injured workers and their families. We understand the unique challenges that parents face when they are injured on the job, and we are here to help you navigate the workers' compensation system. Our team has a proven track record of success, and we are prepared to fight for you.
For a free consultation with our team, call (417) 545-3775 or contact us online.
What Are Child Workers' Compensation Benefits?
Child workers' compensation benefits are a type of workers' compensation benefit that is paid to the children of an injured worker. These benefits are intended to help the family support the children while the parent is unable to work due to a work-related injury or illness.
There are two types of child workers' compensation benefits:
- Child support benefits: These benefits are paid to the parent to help support the child. The amount of child support benefits is based on the parent's average weekly wage and the number of children in the family.
- Child educational benefits: These benefits are paid to the child to help cover the cost of education. The amount of child educational benefits is based on the parent's average weekly wage and the number of children in the family.
It is important to note that child workers' compensation benefits are only available if the parent is unable to work for at least three days. If the parent is unable to work for more than three days, the benefits will be retroactive to the first day of missed work.
How Long Do Child Workers' Compensation Benefits Last?
Child workers' compensation benefits are available until the child turns 18. However, if the child is still in high school when they turn 18, the benefits will continue until they graduate or turn 21, whichever comes first.
It is also important to note that child workers' compensation benefits are not available if the parent dies as a result of a work-related injury or illness. In this case, the child may be eligible for death benefits.
How Are Child Workers' Compensation Benefits Calculated?
The amount of child workers' compensation benefits is based on the parent's average weekly wage. In Missouri, the parent's average weekly wage is calculated by taking the average of the parent's gross wages for the 13 weeks prior to the injury. In Arkansas, the parent's average weekly wage is calculated by taking the average of the parent's gross wages for the 52 weeks prior to the injury.
Child support benefits are typically 50% of the parent's average weekly wage, up to the state's maximum benefit amount. In Missouri, the maximum benefit amount is 105% of the state's average weekly wage. In Arkansas, the maximum benefit amount is 100% of the state's average weekly wage.
Child educational benefits are typically 50% of the parent's average weekly wage, up to the state's maximum benefit amount. In Missouri, the maximum benefit amount is 105% of the state's average weekly wage. In Arkansas, the maximum benefit amount is 100% of the state's average weekly wage.
How Can a Child Workers' Compensation Lawyer Help?
Applying for child workers' compensation benefits can be a complex and confusing process. The insurance company may try to deny your claim or pay you less than you deserve. That is why it is important to have an experienced child workers' compensation lawyer on your side.
At Webster & Carlton, we have a thorough understanding of the workers' compensation system. We know how to build strong cases that get results, and we are prepared to fight for you at every stage of the process. Our team can help you file your initial claim, gather the necessary evidence, and negotiate with the insurance company on your behalf. If the insurance company refuses to offer a fair settlement, we are not afraid to take your case to court.
FAQs
Can I get workers' comp for my child?
Yes, you can get workers' comp for your child. If you are injured on the job and are unable to work, you may be eligible for child workers' compensation benefits. These benefits are intended to help you support your children while you are out of work. The amount of child workers' compensation benefits is based on your average weekly wage and the number of children in your family.
How long do you get workers' comp for your child?
You can get workers' comp for your child until they turn 18. However, if your child is still in high school when they turn 18, the benefits will continue until they graduate or turn 21, whichever comes first.
What is the average workers' comp settlement for a child?
The average workers' comp settlement for a child is $20,000. However, the amount of the settlement can vary depending on the specific circumstances of the case. For example, if the child has a serious injury that requires ongoing medical treatment, the settlement may be higher.
Can I get workers' comp for my child if I am not married?
Yes, you can get workers' comp for your child if you are not married. In Missouri, the child's parents must be married in order for the child to be eligible for workers' comp benefits. However, in Arkansas, the child's parents do not have to be married in order for the child to be eligible for workers' comp benefits.
Get the Help You Need Today
If you are a parent who has been injured on the job, you may be eligible for child workers' compensation benefits. However, applying for these benefits can be a complex and confusing process. That is why it is important to have an experienced child workers' compensation lawyer on your side.
At Webster & Carlton, we are dedicated to helping injured workers and their families. Our team can help you understand your rights and options, and we will fight to get you the benefits you deserve. We offer free initial consultations, so you have nothing to lose by speaking with us about your case.
Call (417) 545-3775 or contact us online to get started with a free consultation.
Stay In The Know
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Why Do I Need a Missouri Workers’ Compensation Attorney?A workers’ compensation claim can take several months, even years, to resolve, especially if you continue to suffer from the effects of your work-related injury. Your employer and its insurance company will be represented by highly skilled attorneys who know how to exploit an injured employee. You need to level the playing field by hiring a Missouri workers’ compensation lawyer who will fight on your behalf.
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What Happens If My Employer Denies Me Workers’ Compensation Benefits?In many cases, your employer or their insurance company will promptly pay any workers’ compensation benefits. But if they deny benefits–or stop paying them before you receive what you believe you are entitled to under the law–then you have the right to file a claim with the Missouri Division of Workers’ Compensation. An administrative law judge appointed by the Division will review your claim and either conduct mediation between you and your employer, or alternatively hold a formal hearing to determine your right to compensation.
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What Kinds of Injuries Are Covered?
Under Missouri law, workers’ compensation only covers injuries that arise “out of and in the course of employment.” This includes accidents that occur during your work shift. It also includes “occupational diseases” contracted at work, provided workplace exposure was the “prevailing” cause.
Workers’ compensation is not necessarily limited to injuries suffered at your normal workplace. If your job requires you to travel–i.e., make deliveries or conduct on-site work with clients–you may be compensated for injuries sustained in the course of such travel. However, Missouri workers’ compensation law specifically excludes injuries sustained while commuting from home to work and back, even if you use a company-owned car.
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