Missouri Workers Compensation Lawyer Blog

In the last installment of our 4 part series, "Best Practices for Injured Workers," our Missouri workers' compensation attorneys discuss the different ways that workers' comp claims can be resolved.

Claims for compensation are filed when an injured worker does not ultimately receive all benefits that he or she is entitled to. The workers' comp system gives injured employees the legal right to seek compensation for workplace injuries, but they are not permitted to sue their employers for negligence in civil court: injured workers must seek compensation through the workers' comp system. Workers' comp provides benefits for permanent disability, medical expenses and lost wages, but not for pain and suffering.

Every claim is different. Every case is impacted by numerous factors in varying degrees, including the nature and extent of the injury; the circumstances that caused the injury; and the conditions and environment in which the injury occurred. All of these elements can affect the path a claim takes toward resolution, and the resolution itself. Remember that you're legally entitled to consult a workers' compensation attorney at any point in the process. Missouri workers' compensation law can be complicated: an experienced lawyer can help you navigate your claim through the Missouri workers' comp system, and make sure you understand all the options available.

What happens after a claim is filed?
Again, it depends on the claim. Speaking in general, here are a few possible avenues:

A claimant can ask for a pre-hearing for the following reasons:
• to request approval for a settlement agreement;
• to address any issues that must be resolved so the claim can move forward; or
• to expedite the resolution of the claim, when parties have a "good faith belief" that a pre-hearing will help move the claim towards settlement or final hearing more quickly.

Continue reading "Best Practices for Injured Missouri Workers: Part 4 of 4" »

In Part 3 of our 4 part series, "Best Practices for Injured Workers," our Missouri workers' compensation attorneys provide information about the different kinds of benefits available to workers' compensation claimants.

If you are unable to return to your job as the result of workplace injuries, you are most likely entitled to disability benefits. There are several factors that affect what kind of benefits you are eligible for:

Temporary Total Disability

• If you have to take time away from work to recover from your injuries and/or any medical procedures associated with those injuries; or your doctor says you cannot return to work because of your injuries, you may be eligible for Temporary Total Disability benefits to compensate you for your lost wages.

• If your employer has offered you "light or modified [duties]," and your doctor says that you are capable of performing those tasks, you may not be able to collect Temporary Total Disability benefits.

• However, if you accept "light or modified" duties, but at less than full pay, the law allows you to collect Temporary Partial Disability benefits.

• Temporary Total Disability benefits should continue until your doctor releases you to return to work, either because your "treatment is concluded" or because you have "maximum medical improvement," whichever comes first.

Permanent Partial Disability and Permanent Total Disability

• Permanent Partial Disability benefits are designed to assist injured workers whose injury impacts the tasks they can perform, but who can still work (even if the job isn't exactly the same one that they had before the injury).

• Permanent Total Disability benefits are awarded to employees who are no longer able to work, in any capacity, at any job. Depending on the circumstances - in particular, the nature and extent of the injury - these benefits may be paid out in lifetime weekly installments, or as a lump sum payment.

Continue reading "Best Practices for Injured Missouri Workers: Part 3 of 4" »

In Part 2 of our 4 part series, "Best Practices for Injured Workers," our Missouri workers' compensation attorneys offer some guidelines related to medical care.

Receiving appropriate medical treatment is crucial. Many workplace injuries cause are extremely debilitating, causing physical limitations and serious pain, and they require extensive and continuous treatment. If you are eligible for workers' comp, and you have reported the injury to your employer (see Part 1 of our series), then your benefits should cover your medical expenses. According to the Missouri Department of Labor, "The employer or insurer is required to provide the medical treatment and care to cure and relieve the employee from the effects of the injury. This includes all costs for authorized medical treatment, prescriptions, and medical devices."

Can I choose my own doctors?
No - not unless you plan to pay your own expenses out of pocket. Workers' comp law affords the employer (or the insurer, on the employer's behalf) the legal right to select any and all health care providers. Be sure that you check with your employer and/or the insurer regarding physicians who treat your injury. If you're not satisfied with the medical care that you're receiving, it might be in your best interests to consult the attorney.

What if I have to travel to receive treatment?
If you are required to see a doctor whose office is located outside the local/metropolitan area of your principal place of employment, your employer is required to pay the "necessary and reasonable expenses" associated with that travel. However, employers will not cover the cost of travel "over 250 miles each way from the place of treatment." If you are not a Missouri resident, your employer can choose a treatment facility within 100 miles of your residence, the location of your injury, or your place of hire.

Do I have to agree to medical examinations and evaluations at my employer's request?
The law does permit your employer (or insurer) to request that you "submit to reasonable medical examinations" while you are on disability. Your employer can request multiple exams if you require long-term treatment, or if you have more than one injury. Similarly, you can be compelled to "submit to appropriate vocational testing and a vocational assessment scheduled by an employer or its insurer." Typically, these assessments are only administered when an injured worker is claiming to be permanently and totally disabled.

Continue reading "Best Practices for Injured Missouri Workers: Part 2 of 4" »

If you are injured on the job in Missouri, it's essential that you take certain actions as soon as possible following your injury. In this 4 part series, our workers' compensation attorneys will outline the best practices for an injured worker, from reporting your injury to making sure your claim is resolved. Following certain procedures in a timely fashion is one of the best ways to ensure your rights and benefits are protected.

How do I know if I'm eligible for workers' compensation benefits?

In Missouri, businesses are required to carry workers' compensation coverage when they employee 5 people or more. (NOTE: "Construction industry employers that erect, demolish, alter, or repair improvements" must carry work comp, even if they only have one employee.) Missouri workers' compensation law does not apply to railroad, postal or maritime workers, as these employees are covered by federal law.

Additionally, the Missouri Department of Labor outlines other kinds of employees who are not eligible for workers' compensation benefits:

• Farm labor employees
• Domestic servants in private households (both full time and part time)
• Direct sellers and real estate agents (as defined in Title 26 United States Code, Section 3508)
• Unpaid volunteers of a tax-exempt organization (as defined in the Internal Revenue Code, Section 501(c)3
• Adjudicators, referees, or contest workers for school activities, youth sports, etc.
• Certain inmates, patients, or residents of Missouri, or one of its counties or municipalities

If an employer has fewer than the required number of employees, or falls into one of the above categories, that employer can elect to carry workers' compensation coverage, but it is purely voluntary.

Continue reading "Best Practices for Injured Missouri Workers: Part 1 of 4" »