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" »

The Missouri Chamber of Commerce and Industry names workers' compensation reform as one of its "leading legislative priorities," according to the Chamber's website. The Board of Directors approved the 2012 Legislative Agenda at their Kansas City, Missouri meeting on November 8, and workers' compensation was the subject of extensive discussion. Missouri Chamber President, David Mehan, argued that recent court interpretations of workers' compensation laws is "hurting business and most of all, it's hurting Missouri workers."

In fact, the Chamber has identified workers' compensation reform as one of the issues in its "Fix the Six" campaign, which plans to address the six areas that most directly affect the creation and protection of Missouri jobs. Specifically, the Chamber will focus on two workers' compensation cases where they feel a dangerous precedent has been set. Also, importantly, they will work to resolve some of the issues with Missouri's problematic Second Injury Fund. The problem is, Mehan says, that unintended consequences have arisen as a result of several 2005 reform measures; as a result, Missouri courts are making interpretations that exclude protections which have always been covered by the domain of worker's compensation.

In the first case, Robinson v. Hooker, the ruling dictated that Missouri employees who are injured on the job may sue their co-workers in civil court for negligence, an action which has thus far been upheld by Missouri courts. The Chamber's concern is twofold: first, that businesses will struggle to recruit and retain qualified employees, particularly those in supervisory positions, without offering them some kind of protection against civil litigation; and second, that the workplace environment and rapport between employees will be damaged by the potential for these lawsuits.

The second case, Franklin v. CertainTeed Corp., impacts employees who contract occupational diseases. Previously, this area of litigation was solely within the domain of workers' compensation, but in this case the court ruled that employees can alternatively seek compensation from employers in civil courts. The Chamber argues that, here again, the precedent sent is damaging to Missouri workers, who will frequently be forced to pursue their cases in a more expensive, time-consuming way.

Continue reading "Missouri Chamber of Commerce Meets in Kansas City, Identifies Workers' Compensation Reform as a Major Priority" »

One of the most common questions Springfield Missouri workers' compensation lawyers are asked concerns when to file an official claim with the Missouri Division of Workers' Compensation. Injured workers want to know, "Is reporting my injury the same as filing a claim? Is filing a claim always necessary? Is this something I must do immediately to protect my rights?"

Reporting an Injury

First and foremost, what an injured worker must do to protect his/her right to workers' compensation benefits is report the injury immediately to a supervisor or manager/owner of the employer. This report should be made in writing and should advise the employer of how and when you got hurt. Under the workers' compensation law, if an injury is not reported within 30 days, the employer/insurer may have a defense that leads to the injured worker receiving no compensation.

One thing that often trips up injured workers is believing that their injury is minor, and therefore that they will feel better in a day or two and fail to report their injuries. This is particularly prevalent in cases involving back strains and sprains. Sometimes, workers will take vacation days, get out of town, relax, and assume that is all they need to recover.

By the time they realize their work-related injury is not getting any better, or has gotten worse, two or three weeks may have already passed. When these workers finally report the injury to their employer--the employer and insurer look suspiciously at the injury. They might question whether the injury really happened over the weekend, or on vacation, and may use your delay in reporting it to deny benefits.

By not reporting any injury promptly, no matter how minor it seems, you are weakening your Missouri workers' compensation case and causing unnecessary complications. You have nothing to lose by reporting any injury, even a cut to your hand. After all, it might become infected over the weekend, leading to expensive medical treatment. If you do not report it when it happens--how can your employer know that the injury really happened at work and he is indeed liable to pay for your treatment?

Missouri workers' compensation law also requires that occupational disease or repetitive motion injuries be promptly reported as well via written notice. Because these cases don't involve an accident, employees are required to report them no later than 30 days after receiving the diagnosis from a physician. This would apply to injuries and illnesses such as carpal tunnel syndrome, epicondylitis, or mesothelioma.

The necessity of timely reporting an injury cannot be overstressed.

Continue reading "Springfield Missouri Workers Often Ask Whether They Need to File a Claim for Compensation " »

In launching our Missouri Workers' Compensation Lawyer Blog, we have reported about some of what you need to know when dealing with a work injury in Springfield are elsewhere in Southern Missouri.

Hiring a lawyer, determining whether you have a claim, and obeying strict time limits can all be critical to your ability to collect lost wages and payment for medical expenses and/or disability in the wake of a serious work accident or injury in Missouri.

How do I file a workers' compensation claim?

1) Report your injury to your employer immediately. Failure to report an injury within 30 days may jeopardize you ability to collect benefits.

2) Seek medical treatment. The employer and its insurer is required to pay for such care -- including prescriptions and medical devices. The employer and its insurer has the right to choose the physician and healthcare provider. However an employee can select his or her own physician at personal expense.

3) Travel: The employer is required to reimburse an employee for mileage for travel of up to 250 miles for treatment.

4) In addition to payment for medical treatment, employee is entitled to temporary total disability benefits and permanent partial or permanent total disability benefits.

What if I am unable to return to work? In the event that your injuries prevent you from returning to work, you will be eligible for disability benefits. Either "temporary," "permanent partial" or "permanent total."

What is disability rating? The state has determined payout schedules for various injuries. Here is a schedule for permanent partial disability. The numbers indicate the length of payouts for various injuries, from 8 weeks for the tip of a toe to 400 weeks for an entire person. A doctor will decide whether you are eligible for permanent total disability or permanent partial disability.

5)Resolving your case: Once your case has gone through the hearing process and an award is issued by an administrative law judge, you have the right to file an application for review within 20 days.

6) Appealing your Decision: An appeal of the final award is to the Labor and Industrial Relations Commission. A second appeal may be requested after final award by the commission. This is done by filing a notice of appeal to the Missouri Court of Appeals in a timely manner.

Continue reading "Missouri Work Accidents 101: Filing a Claim and other Information you Need to Know" »