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Work Related Injuries
A workers' comp claim in Missouri can be filed for any work-related accident or condition that causes disability through illness or injury. An employee in Missouri can get hurt at work many different ways. Even seemingly low-risk environments and job duties can lead to injury.
According to the U.S. Department of Labor, the occupations in which the highest number of injuries and illnesses occur are:
- Truck drivers
- Janitors and cleaners
- Nursing assistants
- General maintenance and repair workers
- Retail salespersons
- Stock clerks
- Registered nurses
- Delivery drivers
- Construction laborers
Workers Compensation SettlementsThere are different workers' comp laws for each state. In Missouri, construction industry companies with at least one employee must carry Missouri workers' compensation insurance. All other employers not in the construction sector must have workers' compensation insurance if they have five or more employees. There are certain exemptions, such as for work done for private households and some unpaid volunteer work. If you are unsure whether your employer has workers' compensation insurance that covers you, speak to Missouri Injury Law, your Missouri workers' comp law firm, as soon as possible. To be covered by workers' comp insurance, you must meet certain conditions. Primarily, your injury must have come about during your time of employment and be caused by your job in some way. For traumatic accidents such as losing a limb in a machine-related accident, this is pretty straightforward. However, workers' comp can also be used for long term effects that occur over time, like diseases caused by prolonged exposure to toxic chemicals or back problems due to repetitive motions, as long as you can prove that the occupational conditions were the prevailing factor for your injury and resulting disability.
Anyone who has been hurt or fallen ill because of their work conditions should file a workers' comp claim. You have two years from the time of the injury to file a workers comp claim in Missouri. However, before you officially file a claim, you must also report your injury to your employer. Report your accident right away. If you do not report your injury within 30 days of when it occurred, you may not be able to receive workers' comp benefits. Do not miss out on the compensation you deserve because you miss a deadline. To get the entire value of your workers' compensation claim, talk to a workers comp lawyer right away. A workers' comp lawyer will work to get the best possible outcome for your case, making sure you file correctly and don't get caught up by the small print.
Some of the typical types of damages one can recover in a workers' comp case include:
- Medical Expenses: You need and deserve the proper medical care after suffering workplace harm, regardless of the cost. Missouri workers' comp covers all approved medical testing, treatment, prescriptions, and medical devices. You can receive reimbursement for medical care such as rehabilitation, surgeries, x-rays, and other hospital bills. This is why it's essential to keep all documentation of medical care you receive for workplace injuries.
- Vocational Rehabilitation: As a workers' comp victim, you may be able to recover reimbursement for vocational rehabilitation. If your injury leaves you unable to continue in the field you were in, your employer may cover some type of ongoing education. This will allow you the opportunity to embark on a new, sustainable career.
- Mileage Reimbursement: When you're dealing with workers compensation claims, you'll often have to visit multiple doctors. Some, especially specialists, may be outside of the area. In Missouri, you can be reimbursed for any mileage and expenses you incur due to travel, up to 250 miles each way for a medical visit.
- Pain and Suffering: This includes life-changing injuries that cause continued pain and suffering. In addition, benefits can be awarded to family members for the impact of the victim's disability on their lives, and survivor benefits can be awarded to the family members of a deceased work-injury victim, in the form of final expenses and ongoing weekly wages.
- Lost Wages: When you suffer an occupational injury that leaves you unable to work, workers' comp serves to replace the income you are missing. Missouri calculates weekly payment amounts depending on how severe and permanent your injury and resulting disability are. You may receive temporary total disability (TTD), permanent total disability (PTD), or permanent partial disability (PPD). These wages are calculated as a percentage of the state's average weekly wage.
How A Workers' Comp Lawyer Can Help
Missouri workers' comp insurance is designed to be a streamlined process. Still, bringing a claim is not necessarily an easy, straightforward doing. Each case should be considered individually, so you should think about the factors that are unique to your case. Before you hire a workers' comp lawyer, you can speak to us at Missouri Injury Law for a complimentary consultation. This conversation will give you clarity on whether a lawyer would add value to your case and if Gene Hou and the Missouri Injury Law team is the best representation for you. When making that decision, it is helpful to understand in what ways having a workers' comp lawyer on your case can help you.
Your workers' comp lawyer will:
- Gather and develop evidence. Your lawyer can take care of tasks like obtaining and organizing documents such as medical records and documentation. Your workers' comp lawyer will also be able to obtain other valuable evidence such as statements from witnesses and testimony from vocational experts that can support your claim.
- Negotiate. An experienced workers' comp lawyer is familiar with workplace injuries such as yours. They know the true value of your case and know how to negotiate with insurance companies. A lawyer with experience and authority in workers' comp cases will be able to secure a much higher settlement than you could likely get on your own.
- File additional claims. First of all, if you file a workers' comp claim on your own and it gets denied, you need a workers' comp lawyer on your side. When you've been harmed in the line of work, you deserve an appropriate workers' comp settlement. A claim can be denied for many reasons, and a lawyer can help you appeal the denial. In addition, if your workers' comp settlement does not cover the extent of the damages you suffered, your lawyer can help you with a third party claim against other parties who were also responsible for your suffering.
- Protect your rights. Your workers' comp lawyer will protect you from being taken advantage of by an insurance provider who tries to lowball you, an employer who resists giving you the benefits you are legally allowed, and can protect you if you experience retaliation at work for filing a claim.
- Represent you. If your workers' comp claim have to go to court, you are at an advantage if you already have a workers' comp lawyer. You will be prepared with legal representation that is familiar with your case and already has the documentation they need. Your workers' comp lawyer is experienced in these cases and knows what it takes to win. They will help you understand everything throughout the process and fight for the compensation you deserve.
Workers' Comp Law Firm
If you are struggling with a significant injury, chronic pain, or other health problems due to a sudden work accident or exposure through your regular work conditions, you may be eligible to recover compensation for your suffering in equivalent to the value of your injuries (partial or total, temporary or permanent). Our workers' compensation attorneys in are here to discuss your rights to workers compensation benefits, and offer support during the workers compensation claims process. Contact our [state] Workers Compensation Attorneys today for a free case review and consultation.