O’Fallon, MO Workers’ Comp
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Work Related Injuries
A workers' comp claim in O’Fallon, MO can be filed for any work-related accident or condition that causes disability through illness or injury. There are countless ways that a person could become injured on the job in O’Fallon. Any worker can get hurt on the job, even in occupations that seem low-risk.
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 SettlementsEach state has its own laws and requirements when it comes to workers' comp cases. In Missouri, all employers in the construction sector are required to carry Missouri workers' compensation insurance, even with only one employee. All other O’Fallon MO employers not in the construction sector are required to 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 have any questions about your employer's workers' compensation insurance and if you are covered, speak to Missouri Injury Law, your O’Fallon, MO workers' comp law firm, as soon as possible. To be covered by O’Fallon, MO workers' comp insurance, you must meet certain conditions. Primarily, you need to have suffered an injury during and because of your employment. This is easy to demonstrate in sudden, traumatic events like an iron beam falling on a construction site that crushes the bones in your foot. 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. You must report your injury within 30 days of the accident, or your O’Fallon, MO workers' comp claim could be denied. Do not miss out on the compensation you deserve because you miss a deadline. To maximize the number of damages you can recover in a workers compensation settlement, talk to a workers comp lawyer in O’Fallon, MO as soon as possible. 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: After suffering a workplace accident or illness, medical bills are inevitable. Missouri workers' comp covers all approved medical testing, treatment, prescriptions, and medical devices. Keep track of all medical care you receive, so you can receive coverage or reimbursement for things like rehabilitation services, surgeries, x-rays, hospital stays, and other medical procedures.
- Vocational Rehabilitation: As a workers' comp victim, you may be able to recover reimbursement for vocational rehabilitation. For example, if you're unable to continue your job because of your injuries, your employer may cover some level of ongoing education. This will allow you the chance to find 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 O’Fallon 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. Your family members are also impacted and may receive benefits for their suffering due to your disability.Survivor benefits, which cover the deceased's weekly wages and funeral expenses, are available for family members of work injury victims who lose their life as a result of their injuries.
- Lost Wages: Workers' comp often provides employees with income to replace the wages you are unable to earn because of your condition. 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 O’Fallon, MO Workers' Comp Lawyer Can Help
Missouri workers' comp benefits are set up to be a streamlined process, but that doesn't always mean that it will be simple or easy. Each case should be considered individually, so you should think about the factors that are unique to your case. Prior to hiring a O’Fallon, MO workers' comp lawyer, talk to the attorneys of Missouri Injury Law for free. This conversation will determine if you need a lawyer for your case, and if Gene Hou and his team are a good fit 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 attorney can do the work for you when it comes to requesting documents like medical records, and keeping them organized. Your workers' comp lawyer will also be able to record witness statements, take expert testimony, and build your case with other supporting evidence.
- 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 help you secure a much higher settlement than you could likely get on your own.
- File additional claims. First of all, if your O’Fallon workers' comp claim is initially denied, you need a lawyer to help you with a successful appeal. 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 recover additional coverage through a third party claim.
- Protect your rights. Your O’Fallon, MO 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 give you recourse if you experience retaliation at work for filing a claim.
- Represent you. If your workers' comp claim ends up going to court, you are at an advantage if you already have a workers' comp lawyer. They will already be familiar with your case and have all the necessary documentation. 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 in O’Fallon, MO
If you have suffered an acute injury, chronic pain, or other health problems due to a sudden work accident or exposure through your regular work conditions, you may be entitled to recover a workers' compensation settlement in O’Fallon, MO commiserate to the status of your injuries (partial or total, temporary or permanent). Our workers' compensation attorneys in O’Fallon, MO, are here to discuss your rights to workers compensation benefits in O’Fallon, MO, and offer support during the O’Fallon, MO workers compensation claims process. Contact our MO Workers Compensation Attorneys today for a free case review and consultation.