St. Louis Workers' Compensation Attorneys
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Workers' Compensation
While there are some exceptions, Missouri law requires that all employers with five or more employees insure their workers' compensation liability, either by obtaining self-insurance authority or by purchasing a policy. The Missouri Workers' Compensation Law is contained in Chapter 287 of the Revised Statutes of Missouri, and coverage is extended to those who have been injured on the job or who have been exposed to occupational diseases in the course and scope of employment. The law provides injured victims relief from the financial strain of being injured and not being able to return to work for a period of time, if ever again. In the event of a death of a worker who suffered a work injury that was compensable, benefits may be entitled to certain surviving family members.
After being injured or becoming ill on the job in St. Louis, you must immediately report the incident to your employer. Failing to do so within 30 days of the incident could jeopardize your ability to obtain St. Louis workers' compensation benefits. You should notify your employer in writing, stating the date, time, and place the injury occurred, as well as the nature of the injury. Make a copy for yourself and keep record of the date you submitted your notice. Your employer is then required to report the injury to the Division of Workers' Compensation within the Missouri Department of Labor and Industrial Relations. If your employer fails to report the injury in a timely fashion, they may be subject to fine, imprisonment, or both.
Compensation for Workplace Injuries
Your employer is required to pay for all costs for the medical treatment and care that is required to cure and relieve you from the effects of your injury. This includes covering costs for things such as medical devices and prescriptions. Please note that your employer has the right to choose the healthcare provider or physician to treat and care for your injury. You do have a right to select your own physician, but it will be at your own expense.
If it is determined by a healthcare provider that you aren't able to return to work due to your injuries, or if you need time off work to recover from a surgery, you may be eligible for temporary total disability (TTD) benefits. However, if you are able to perform modified or lighter work, you may not be eligible for TTD benefits. If you do such work but at less than your normal pay rate, Missouri workers' compensation law requires that TTD benefits be given to you. If it is determined that you have permanent partial disability, meaning your injury affects your ability to do specific tasks or jobs but you can still work in some capacity; or that you have permanent total disability, meaning you aren't able to work whatsoever, you may be entitled to receive weekly payments from your employer and/or its insurer for life. A lump-sum settlement may also be negotiated.
Workers' Compensation in Missouri
Unfortunately, however, employers oftentimes try to save money and insurance costs and deny their employees the compensation they deserve. In the event that you believe you haven't received all of the benefits that are due to you, and you have attempted to work with your employer or the insurance company and the problem still can't be resolved, there are legal options available to you. The Division of Workers' Compensation offers dispute management services you may utilize; you can have a voluntary settlement conference in front of an administrative law judge; or you can file a claim for compensation.
Since St. Louis workers' compensation cases are legal proceedings, the decisions you make about your workers' compensation case can potential impact the rest of your life. While the Division of Workers' Compensation does not require you to have a lawyer, know that most employers and their insurance companies are required by law to have an attorney present in all docket settings presented to the Division of Workers' Compensation. It is likely you will have to speak with their lawyer at least once before your St. Louis workers' compensation is resolved, so it is highly recommended you seek an experienced St. Louis workers' compensation attorney who can give you legal assistance. Additionally, it is also crucial to have a St. Louis workers' compensation lawyer working on your behalf because any agreement, settlement, or compromise that has been approved by an administrative law judge cannot be appealed; their decision is final.
Please note that if you do decide to file a Missouri claim for compensation, it must be filed to the Division of Workers' Compensation within the statutory period of limitation, which is typically within two years after the date the injury or death occurred or when the last payment was made regarding the injury or death; or if your employer doesn't file a report of the injury with the Division of Workers' Compensation in a timely fashion within three years from the date of the injury or death.
St. Louis workers' compensation claims can be very complex and time consuming, and it may be a good decision to consult with a lawyer who has extensive knowledge regarding Missouri workers' compensation law. The St. Louis workers' compensation attorneys at Page Law have years of experiencing handling workers' compensation claims from victims injured while on the job. If you have suffered an injury at work, you deserve adequate compensation, and we will help obtain it for you if your employer or their insurance company is denying you the full benefits you are entitled to. Call us today at 314-322-8515 to find out how we can help you in your St. Louis workers' compensation case.
St. Louis Personal Injury Resource Center
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