Have You Been Hurt At Work?
Most injuries that occur at work, or within the scope of your employment, are covered under Worker’s Compensation. This is regardless of fault. So that even if a worker is injured due his own mistake, he can still recover under the worker’s compensation laws.
Workers Compensation is generally the exclusive remedy and source of recovery for work injuries. In other words, you are not able to sue your employer in court for your work-related injury
Medical Expense Coverage
Your medical care for work-related injuries is required to be furnished and paid for by your Employer. This is true even if the injury was due to your own mistake. The employer controls your medical care and you are not permitted to choose your own care, (except at your own expense), unless the employer refuses to provide it.
If your medical condition prevents you from working, you are entitled receive Temporary Total Disability (TTD) payments during your recovery period. During your recovery, you must follow reasonable recommendations, including physical therapy, as prescribed by the treating physician. This is crucial, since it is possible for you to lose your job and/or workers compensation benefits, if you do not comply.
You may be released to return to work prior to complete recovery if treating physician determines that you can return to work on a “light duty” status, or with certain restrictions. If “light duty” work is available, you will need to return to work in order to continue receiving benefits (AND TO KEEP YOUR JOB).
Once you have reached maximum medical improvement, you will usually receive a doctor’s statement permitting you to return to work with no restrictions. The treating physician will often express a written opinion, or “rating”, as to the percentage of disability in the affected part(s) of the body. The disability rating will be used as evidence to determine the amount of your workers compensation award. The treating doctor works for your employer and will often give a low rating. For this reason, we usually retain our own doctor to examine you and give a rating that more accurately reflects the full impact of the injury and your disability.
Almost all injured Workers are entitled to a Cash Award for Permanent Disability or Permanent Partial Disability
Many Employees are unaware that, in addition to their medical bills expenses and treatment, they are entitled to a Cash Settlement for their injury, based upon their degree of disability resulting the injury. Almost all injuries result in some degree of Permanent Partial Disability (PPD). Your employer is unlikely to inform you that you are entitled to this compensation.
Two Year Limitation on Claims
In Missouri, Employees have two years from the date of injury, or the date of the last treatment, to file a claim for compensation with the Missouri Division of Workers Compensation.
Compensation is based upon a percentage disability attributable to the injury and is also based, to an extent, upon the Employee’s average weekly wages at the injury. It is, therefore, possible that an Employee working at a very low wage could receive substantially less than a highly paid Employee for the same type of injury.
Unlike injury cases prosecuted in Court, there is NO recovery for pain and suffering under Worker’s Compensation; the sole factor being the percentage of resulting disability.
Attorney’s Fees are contingent and there is no Fee unless we win your case.
We utilize a 25% contingent fee agreement for representing you in your worker’s compensation claim. You pay no attorney’s fees unless I win your case.
I have been representing injured workers for 25 years. I give free consultations to anyone who wants to learn about their rights under the law. There is a never a fee to discuss your case. Call me at (314) 725-1880. Lloyd Nolan
DISCLAIMER: THE PRECEDING INFORMATION WAS OF A GENERAL NATURE AND NOT MEANT TO CONSTITUTE LEGAL ADVICE OR TO BE USED IN, OR APPLIED TO, ANY INDIVIDUAL SITUATION. THIS GENERAL INFORMATION IS APPLICABLE TO THE STATE OF MISSOURI AND MAY NOT BE VALID UNDER THE LAWS OF OTHER STATES. IF THE READER HAS SPECIFIC LEGAL QUESTIONS, HE OR SHE SHOULD CONTACT AN ATTORNEY.