A serious work injury can occur at any time and in any workplace, whether you work on a construction site, at a retail store, or in an office. When this happens, filing a workers’ compensation claim is often your best chance for full physical and financial recovery. Many employers create unnecessary obstacles to completing this process, though, which is why each Columbia, MO workers’ compensation lawyer in our office has dedicated their career to helping injured workers.
Victims of workplace accidents often do not realize how difficult it is to obtain workers’ compensation benefits until they are starting the process or their first claim has already been denied.
Whether you are preparing to file your first claim or an appeal, the right legal assistance will strengthen your case. Our Columbia, MO workers’ compensation attorneys have the experience and knowledge necessary to provide complete support and guidance through this process.
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Workers’ Compensation Laws in Missouri
Missouri state law outline how our state has a “no-fault” system for employees who have suffered job-related injuries or occupational illnesses. This means that injured employees are entitled to certain benefits and protections regardless of who was at fault. In fact, fault is rarely a consideration when handling claims for workers’ compensation cases, and anyone who has suffered a work injury is entitled to:
- Medical care
- A portion of their lost wages
- Permanent disability
Our state laws also outlines the expectation that workers’ compensation insurance pays for medical treatments for injuries that occur in the workplace. Your lawyer will do their part to ensure you receive the benefits you are entitled to.
How Long Do I Have To Report My On-the-Job Injury?
You have only 30 days to inform your employer of a workplace injury. This may be either 30 days from its onset or when you first became aware of it.
Notify your employer in writing to avoid any misunderstandings or ambiguity. Include the following information in your written statement:
- The nature of your injury.
- The time, date, and place at which your injury took place.
- The name and job titles of any other workers who may have been present or have had knowledge of the accident or injury.
- The events that led to the accident or injury.
A Columbia workers’ compensation lawyer can help you draft an effective injury report for you to provide to your employer.
Can I File a Personal Injury Claim Against My Employer Instead?
Missouri’s Workers’ Compensation Act protects employers from legal action brought by injured workers, even if they failed to create a safe work environment. This means that you cannot file a personal injury lawsuit against your employer. That protection extends in only a limited fashion to an employer’s employees, though.
If your co-worker’s negligent or reckless actions contributed to your injuries, you may be able to file a personal injury claim against them. At our law firm, our workers’ compensation attorneys will work to identify all factors in your workers’ compensation claim, including any negligent actions by co-workers that might warrant filing personal injury claims.
Additional third parties who might be liable for your workplace accident include:
- Manufacturer of a defective
- Property owners who maintained dangerous premises
- Negligent drivers
- Violent customers or clients
Injuries Covered by Missouri Workers’ Compensation
Workers’ compensation covers both workplace injuries and illnesses. Injuries may be either the result of a one-time accident or caused by weeks, months, or even years of repetitive actions. If you have suffered any of the following physical injuries due to your job, contact our law office to schedule a free consultation with a Columbia, MO workers’ compensation lawyer:
- Repetitive stress injuries
- Carpal tunnel syndrome
- Cubital tunnel syndrome
- Traumatic brain injuries (TBIs)
- Sprains, strains, or tears
- Broken bones
- Vision or hearing damage
- Amputation or loss of limb
- Back injuries
- Spinal cord damage
- Neck injuries
- Overexertion
Occupational diseases can also result from a one-time event or sustained exposure to dangerous substances. Examples of occupational diseases we often assist our clients with include:
- Mesothelioma
- Cancer
- Asthma
- Chronic obstructive pulmonary disease (COPD)
- Neurological disorders
- Industrial dermatitis
If you were harmed while at work in the mid-Missouri area, contact an attorney immediately. Remember, you only have 30 days to notify your employer of your injury or risk losing out on benefits for things like medical bills and a portion of your lost wages. Our workers’ comp lawyers can make sure you meet this deadline.
Can I See My Own Doctor After a Workplace Injury?
An injured employee cannot see their own doctor for a work injury. Employers and insurers are required by law to provide appropriate medical care for injured workers, which involves using a specific doctor. Be wary when seeing an employer’s or insurer’s preferred medical provider, though.
Oftentimes workers’ compensation benefits will force injured employees to visit certain doctors who will do everything they can to minimize costs by preventing their patients from getting the medical care they need to completely recover. Some doctors are hesitant to give employees the full amount of time off they need or may argue against certain treatments.
In some cases, the mistreatment may even be so severe that it warrants filing a medical malpractice claim. Our lawyers have expertise in multiple practice areas, which is how we make sure that all our clients are able to make informed decisions.
You do not have to accept subpar medical care. When you employ the legal services of our law firm, we will fight to make sure you receive the care and benefits you deserve. We never let the insurance company bully our clients into accepting anything less than they are owed. When insurance companies refuse to pay, our law firm is there to ensure maximum compensation for workers’ compensation claims.
Types of Workers’ Compensation Disability Benefits
Missouri law requires the workers’ compensation insurance to pay different types of benefits. These benefits include temporary total disability benefits (TTD), permanent total disability benefits (PTD), permanent partial disability benefits (PPD), and Survivor Benefits for the spouse, children, or dependents of an employee who suffered a wrongful death as the result of a workplace injury.
By law, the state of Missouri requires workers’ compensation insurance to provide three different types of benefits:
Temporary Total Disability
If you are determined to need temporary total disability benefits, your wage loss benefits are calculated at 66 2/3% of your average weekly wage prior to your injury. This figure will only take into account your gross wages, meaning what you earn before any deductions or taxes are taken out of your paycheck.
You might receive less than the 66 2/3% of your gross weekly wages if your prior earnings exceeded the current maximum limit set in place by Missouri state law.
Permanent Partial Disability
Like with TTD benefits, your permanent partial disability benefits will be calculated based on 66 2/3% of your average gross weekly wages before you were injured. This amount cannot exceed the current maximum limit for workers’ compensation benefits. However, it is possible that your benefits will be paid out as a lump sum rather than in installments. This will depend on the nature and severity of your injury and related disability.
Permanent Total Disability
If you suffer a permanent total disability, you are entitled to weekly payments for the remainder of your life. Although these benefits are also 66 2/3% of your average gross weekly wage prior to injury, the maximum compensation limit is higher for those with permanent disabilities. You may also negotiate for a lump-sum payment.
If you are unsure whether to pursue weekly benefits or a lump-sum payment, your workers’ compensation attorney can help you determine what is most appropriate for your situation. Thomas Law Offices offers a free case evaluation should you wish to speak with a knowledgeable attorney about your situation.
What Happens If There Is a Denial of Benefits?
If you have a workers’ compensation claim denied, you might wonder about your next steps. First, you will want to review the denial letter. It should have some type of explanation behind the decision, such as a lack of evidence, missing deadlines, or disputes about the legitimacy of the work injury.
You can appeal a denied workers’ compensation claim. You will need to submit a formal claim with the Missouri Division of Workers’ Compensation (DWC). After that, you must request a hearing before an administrative law judge. At the hearing, you are allowed to bring documents, including medical records, witness statements, and any other evidence that can support your claim.
After both you and the incident company name their cases, the judge will make a decision. If you still did not receive a favorable ruling, you have 20 days to appeal to the Labor and Industrial Relations Commission (LIRC).
The entire appeals process can be difficult, and for that reason, you will want to have a workers’ compensation attorney in Columbia to assist with your case. They can help to delete any mistakes in your application, represent your interests, and make sure that your employer fulfills its obligation to provide workers’ comp benefits to you.
If you want an experienced team assist with your case, make sure to contact Thomas Law Offices.
Where To Get Help From Columbia Workers’ Compensation Lawyers
If you’re unable to work due to injuries or illnesses you’ve suffered on the job and require benefits to continue providing for your family, you shouldn’t have to go up against major insurance companies alone. With the help of an experienced Columbia, MO workers’ compensation lawyer, you can get the disability benefits you need without all the hassle. As your legal counsel, we will ensure that you understand all state and federal laws that may affect your claim.
Thomas Law Offices has years of experience successfully battling against insurance companies, and it is our past experience handling claims that makes us the ideal choice. We will put that experience, dedication, and knowledge to work for you as we help you fight for the benefits and compensation you deserve.
You shouldn’t have to struggle to get the benefits you need and are fully entitled to. Contact our office today to schedule a free case evaluation with a Columbia workers’ compensation lawyer.
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