Workers' Compensation Economic Damages Expert in Missouri

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for workers' compensation cases venued in Missouri: the components the loss claim consists of, the records that drive them, and a present value built to Missouri's damages rules and venues. Plaintiff and defense.

A workers' compensation economic analysis values the future indemnity and medical benefits at issue in a settlement, measures the wage loss that determines a benefit, or quantifies the loss in a third-party action, each structured to the question the compensation system asks. Read the full workers' compensation analysis guide.

Missouri courts and expert standards

Missouri courts screen expert testimony for reliability: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by stating its assumptions and naming the source of every rate and table.

Where these cases are heard

Highest court: Missouri Supreme Court. Federal venues: E.D. Mo., W.D. Mo. Court system: courts.mo.gov.

Compensation forum: Missouri Division of Workers' Compensation. Third-party actions arising from the same injury proceed in the civil courts listed above, and the report separates what the compensation system pays from what the civil claim adds.

Damages framework

Missouri pairs a wrongful death action for the survivors' pecuniary losses, services, companionship, and the decedent's pre-death suffering with a survival action where death resulted from another cause, and the value of medical treatment is proved by the amounts actually paid or still owed rather than the amounts billed. Pure comparative fault reduces the award in proportion, the common-law collateral source rule otherwise applies, and prejudgment interest in tort turns on a written settlement offer that the judgment then exceeds.

How the analysis is built

The same four steps apply to a workers' compensation case venued in Missouri; the damages framework above decides which components enter the total.

  1. Assemble the pre-injury wage base from the employer's records and tax documents.
  2. Establish the post-injury earnings path from actual earnings or the work-capacity opinions, and measure the loss over the applicable worklife with wage growth.
  3. Value future indemnity streams with stated mortality and discount assumptions, and grow and discount future medical by category when a treatment projection exists.
  4. Separate the amounts the compensation system pays from the components a third-party claim adds, and reconcile the two so the same facts support both.

Attorney guides for workers' compensation cases

Other case types in Missouri

Frequently asked: workers' compensation cases in Missouri

Which Missouri courts hear workers' compensation cases?

Workers' Compensation cases venued in Missouri are heard in the Circuit Court (General jurisdiction; 46 judicial circuits; all civil, criminal, domestic, and probate matters). Final appeals run to the Missouri Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Missouri and Western District of Missouri.

How does Missouri's damages framework shape the economic analysis?

Missouri pairs a wrongful death action for the survivors' pecuniary losses, services, companionship, and the decedent's pre-death suffering with a survival action where death resulted from another cause, and the value of medical treatment is proved by the amounts actually paid or still owed rather than the amounts billed. Pure comparative fault reduces the award in proportion, the common-law collateral source rule otherwise applies, and prejudgment interest in tort turns on a written settlement offer that the judgment then exceeds. Missouri courts screen expert testimony for reliability: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by stating its assumptions and naming the source of every rate and table.

More questions about workers' compensation analysis

References

Request a consultation on workers' compensation cases in Missouri or call (201) 343-0700. Plaintiff and defense counsel.