FAQ WORKERS' COMPENSATION

FAQ. WORKERS' COMPENSATION

 

1. What is Missouri Workers' Compensation?

Missouri Workers' Compensation is a system that benefits employees who suffer work-related injuries or illnesses. It is governed by Section 287 of the Revised Statutes of Missouri.

2. Who is eligible for Workers' Compensation benefits in Missouri?

Most employees in Missouri are eligible for Workers' Compensation benefits, including full-time, part-time, and seasonal workers. However, independent contractors and specific other categories of workers may not be covered.

3. What types of injuries or illnesses are covered by Workers' Compensation in Missouri?

Workers' Compensation in Missouri covers a wide range of work-related injuries and illnesses, including physical injuries, occupational diseases, repetitive stress injuries, and mental health conditions caused by work-related factors.

4. Do I have to report my injury to my employer?

If you sustain a work-related injury or illness, you should report it to your employer immediately. It is best to report the incident in writing. Failure to report within 30 days will result in a loss of benefits. Reporting workplace injuries to your employer as soon as possible is essential. Prompt reporting allows your employer to provide necessary medical assistance and initiate the appropriate workers' compensation process.

5. What should I do if I am injured at work?

If you sustain an injury while at work, you should immediately notify your employer or supervisor about the incident. Seek medical attention as directed by your employer and follow any procedures or protocols your employer outlines for reporting workplace injuries.

6. Is there a time limit for reporting a workplace injury?

Yes, you must report your injury within 30 days of the date of injury.  The report is supposed to be written.

7. Can my employer retaliate against me for reporting a workplace injury?


Yes, but it is illegal. Retaliation for claiming that the accident happened at work is unlawful. Your employer cannot take adverse actions against you, such as termination, demotion, or harassment, in response to your claim. If you experience retaliation, consult an attorney to protect your rights and explore legal remedies.

8. What happens after I report my workplace injury?

Once you report your injury to your employer, they should set up treatment.  In Missouri, the employer gets to choose your doctor.

 

9. What benefits are available under Missouri Workers' Compensation?

Workers' Compensation benefits in Missouri may include medical treatment, temporary total disability benefits (weekly checks), a final monetary settlement, and death benefits for dependents in case of a fatal work-related accident.

 

10 Do I get payment for pain and suffering?

 

No. Pain and suffering are not included in a workers' compensation claim. Workers' compensation is designed to provide benefits for medical expenses, lost wages, and disability resulting from a work-related injury or illness. Pain and suffering damages are associated with personal injury lawsuits.


11. You are supposed to receive a weekly check that is 2/3 of your gross salary, but if it is not coming, are there steps you can take:

a) Communicate with your employer: Reach out to your employer or the appropriate person in your company's payroll or HR department to inquire about the missing payment.

b) If you have the information on who the insurance adjuster is, you should call the adjuster.

c) Document everything: Record all communication with your employer regarding the missing payment. This includes emails, letters, or any other form of correspondence. This documentation will be helpful if you need to escalate the issue later.

d) Seek legal advice: If your employer fails to address the issue or refuses to provide the missing payment, it may be necessary to consult with an attorney who specializes in Workers' Compensation law. They can review your case, advise you on your rights, and guide you through the legal process if necessary.


12. How long do I have to file a Workers' Compensation claim in Missouri?

You must report the injury within 30 days. However, in the Statute of Limitations, to make a formal Workers' Compensation Claim, you generally have two years from the date of the injury to file a Form 21 Workers' Compensation claim. There are exceptions. If you receive authorized treatment, you must file your formal claim within two years of the last date of approved treatment. Finally, if your employer fails to report your injury to the Division of Workers' Compensation, the statute of limitations is three years from the accident date.

13. Can I choose my doctor for medical treatment under Workers' Compensation?

In Missouri, you do not have the right to choose your doctor for medical treatment. Your employer and their insurance company choose the medical providers. If you choose your doctor, you must pay for it out of your pocket. It is essential to follow the proper procedures to ensure your medical expenses are covered.

14. Who makes the decision to return to work after a work injury?

 

This is usually based upon a doctor releasing you to return to work. Your doctor's recommendations and your ability to perform your job duties with limitations are the
prevailing issues.

15. What if my employer refuses to acknowledge or report my injury?

If your employer fails to acknowledge or report your injury, you should document the incident and any communication attempts made. Consult with a  Workers' Compensation attorney immediately.

 

16. What should I do if my Workers' Compensation claim is denied?

You can appeal the decision if your Workers' Compensation claim is denied. You should seek legal advice from an experienced workers' compensation attorney to guide you through the appeals process.

 

 17. Can my employer deny that the accident happened at work?

Yes, your employer may deny that the accident happened at work. However, gathering evidence and documenting the incident is vital to support your claim.

18. What should I do if my employer says the accident didn't happen at work?

If your employer denies that the accident happened at work, you should gather evidence to support your claim. This includes eyewitness statements, photographs of the accident scene, or any other relevant documentation. You should also report the incident to the appropriate authority, such as your supervisor or human resources department.

19. Can my employer refuse to provide workers' compensation if they claim the accident didn't happen at work?

Your employer may refuse to compensate workers if they claim the accident didn't happen at work. However, you can dispute their denial and provide evidence to support your claim. You need a lawyer specializing in workers' compensation to protect and understand your legal options.

20. Can I be fired for filing a workers' compensation claim?

No, it is illegal for employers to terminate employees solely based on their decision to file a workers' compensation claim. If you believe you have been wrongfully terminated, consult an employment attorney to explore your legal options.

21. Will I be paid if the doctor excuses me from work?

 

You will receive 2/3 of your average weekly wage based on your average earnings for the 13 weeks before your injury. 

22. Do I need an attorney?

Whether or not you need an attorney for your specific situation depends on various factors, such as the complexity of your case, the severity of your injury, and the actions of your employer or insurance company. While hiring an attorney is not always necessary, consulting with one can be beneficial. An attorney provides guidance on your rights, helps navigate the workers' compensation process, ensures you receive fair compensation, and protects your interests. If you are unsure whether to hire an attorney, it is recommended to schedule a consultation to discuss your case and determine the best course of action.

 

23. How can an attorney help with my Workers' Compensation case in Missouri?

An attorney specializing in Workers' Compensation provides valuable guidance and representation throughout the claims process. They ensure your rights are protected, assist with gathering evidence, negotiate with insurance companies, and represent you in hearings or appeals if necessary. 

Workers' compensation attorneys can assist with various aspects of a workers' compensation claim, including:

a) . Filing the claim: An attorney can help you properly complete and file the necessary paperwork to initiate your workers' compensation claim. They can ensure that all required information is included and the claim is submitted within the applicable deadlines.

b). Gathering evidence: Attorneys can help gather evidence to support your claim, such as medical records, witness statements, and other documentation. They can also work with medical experts to obtain opinions regarding the extent of your injuries and the need for ongoing treatment.

c). Negotiating with insurance companies: Workers' compensation claims are typically handled by insurance companies, who may try to minimize the benefits they pay out. An attorney can negotiate with the insurance company to ensure that you receive fair compensation for your injuries and losses.

d). Appealing denied claims: If your workers' compensation claim is denied, an attorney can help you appeal the decision. They can gather additional evidence, prepare legal arguments, and represent you in administrative hearings or court proceedings.

e). Resolving disputes: If there are disputes or disagreements regarding your workers' compensation claim, an attorney can help resolve them through negotiation, mediation, or litigation. They can advocate for your rights and interests throughout the process.

Overall, workers' compensation attorney representation can provide valuable legal guidance and support to injured workers, helping them navigate the complex workers' compensation system and obtain the benefits they deserve.

24. Can I receive Workers' Compensation and Social Security Disability benefits?

Yes, it is possible to receive both Workers' Compensation benefits and Social Security Disability benefits. However, the combined benefits cannot exceed a certain percentage of your average weekly wage.

25. How much money will I get when I settle my Workers' Compensation case?

 

The amount of money you will receive when settling your Workers' Compensation case in Missouri can vary greatly depending on several factors, including the severity of your injury, the extent of your medical expenses, the impact on your ability to work, and other relevant factors. It is best to consult with an experienced Workers' Compensation attorney who can evaluate your case and provide a more accurate estimate of the potential settlement amount.

26. How do attorneys get paid in Missouri Workers' Compensation cases?

In Missouri Workers' Compensation cases, attorneys work on a contingency fee basis. This means that the attorney's fees are contingent upon successfully obtaining benefits or a settlement on behalf of the client. The attorney will receive a 25% of the settlement amount as their fee. This arrangement allows injured workers to access legal representation without upfront costs and ensures the attorney is motivated to achieve a favorable outcome for their client. 

 

27. Can my employer ask me not to report a work injury?

No, your employer cannot legally ask you not to report a work injury. It is your right to report any work-related injuries or accidents.

28. Is it legal for my employer to discourage me from reporting a work injury?

No, it is not legal for your employer to discourage you from reporting a work injury. Employers must provide a safe working environment and follow proper procedures for reporting and addressing work injuries.
 

29. What should I do if my employer tells me not to report a work injury?

If your employer tells you not to report a work injury, you are not required to follow the employer's desire. You should report the injury to Human Resources, Safety Manager, a Manager, or your supervisor.

30. Can my employer retaliate against me for reporting a work injury?

No, it is illegal for your employer to retaliate against you for reporting a work injury. Retaliation can include actions such as termination, demotion, or harassment. If you experience retaliation, you may have legal options to file a separate lawsuit against your employer for discrimination and protect your rights.

31. What are my rights if my employer tries to prevent me from reporting a work injury?

If your employer tries to prevent you from reporting a work injury, you have the right to report the injury to the appropriate authority. You also have the right to consult an attorney to understand your legal options and protect your rights.

32. How can I protect myself if my employer insists on handling my work injury without reporting it?

If your employer insists on handling your work injury without reporting it, you can protect yourself by documenting the incident, seeking medical attention, and consulting with an attorney. Regardless, give your employer a written report of the accident within 30 days of the incident if you lose your case.

33. Should I consult with an attorney if my employer discourages me from reporting a work injury?

Yes, it is advisable to consult with an attorney if your employer discourages you from reporting a work injury. An attorney can provide guidance on your rights, help you navigate the legal process, and ensure that your interests are protected.

34. What are the potential consequences of not reporting a work injury?

Not reporting a work injury can have several potential consequences. It may result in losing workers' compensation benefits, difficulty obtaining medical treatment, and challenges in proving the injury was work-related. Reporting any work injury within 30 days of the incident is essential.

35. What if there is no Date of injury, such as a repetitive injury such as Carpal Tunnel Syndrome?

Make the report no later than 30 days from your diagnosis date.

36. How can I ensure my work injury is appropriately documented and reported?

To ensure that your work injury is appropriately documented and reported, you should report the injury to your supervisor or human resources department as soon as it happens. Make the report in writing and keep a copy. Consult with an attorney to ensure that your rights are protected throughout the process.

37. How do I pick a good workers' Compensation lawyer?

When selecting a workers' compensation lawyer, it is crucial to consider the following factors to ensure you choose a good attorney:

a) Experience: Look for a lawyer specializing in workers' compensation law with extensive experience handling similar cases. An experienced attorney understands the laws, procedures, and tactics involved in workers' compensation claims.

b) Reputation: Research the lawyer's reputation by reading client reviews and testimonials and checking their track record of successful cases. 

c) Knowledge and Expertise: Assess the lawyer's knowledge and expertise in workers' compensation law. They should be up-to-date with the latest laws and regulations and thoroughly understand the specific requirements in your jurisdiction.

d) Communication and Accessibility: Choose a lawyer who communicates effectively and is accessible to address your concerns and answer your questions promptly. A good attorney should keep you informed about the progress of your case and explain complex legal concepts in a clear and understandable manner.

e) Personalized Attention: Ensure the lawyer will provide personalized attention to your case and not treat you as just another client. 

f) Fee Structure: Discuss the attorney's fee structure during the initial consultation. We work on a contingency fee basis, meaning we get paid if we win your case. Make sure you understand the fee arrangement and any additional costs involved.

g) Compatibility: Trust your instincts and choose a lawyer you feel comfortable working with. Building a good rapport and having a positive working relationship with your attorney can significantly contribute to the success of your case.

 

 38. What should I do immediately after being rear-ended in a company truck?

You have two cases: a workers' compensation case and a personal injury case against the driver who rear-ended you.

After being rear-ended in a company truck, you must ensure your safety and those of others involved. If possible, move your vehicle to a safe location and assess any injuries or damages.

Report the accident to my employer. You must report the accident to your employer as soon as possible. They must be aware of the incident and may have specific protocols for reporting accidents.

You can file a personal injury claim against the driver who rear-ended you if you have sustained injuries as a result of the rear-end collision.