Filing a personal injury lawsuit after a workplace injury can be overwhelming for the victim, especially if it involves severe injuries and several negligence factors.
Thankfully, workers' compensation insurance exists to help injured workers deal with their medical treatment without much effort. There's no need to prove negligence in most workers' compensation cases, making the process much easier.
This doesn't mean that there won't be any obstacles, however. There are many things that the employee must address first: Does the employer carry workers' compensation insurance? What are the victim's benefits? How do they file their claim in Missouri?
The following page covers all the information necessary about Missouri workers' compensation claims, including how they provide financial compensation, how to file a claim, and when to seek help from a lawyer. Powell Law Firm also knows how to file a lawsuit for wrongful death in Missouri.
About Workers' Compensation Benefits in Missouri
Workers' compensation laws may vary depending on the state. In Missouri, there are a few rules to keep in mind.
First, it's important to note that workers' compensation insurance is required by law. All businesses with five or more employees must carry a policy. However, those in the construction industry must carry insurance even if they only have one employee.
Members of an LLC and officers from corporations are often included in the employee count. On the other hand, partnership members and sole proprietors aren't included.
There are a few exempt businesses that may not have to carry workers' comp insurance, although they should. Otherwise, they're exposed to getting a civil lawsuit if someone ever gets injured on the job.
A successful workers' comp claim will give the victim money to cover their treatment and other related expenses. For more information, St Louis workers comp attorneys may be able to help.
Which Damages Can an Injured Worker Recover?
Workers' comp provides financial benefits to employees who get injured or sick because of a work-related cause. Some of the damages a victim (or their family) can recover include:
Disability benefits
Missed wage replacements
Medical treatment bills
Death benefits
Common injuries related to workers' comp include:
Fractures
Strains
Cuts and punctures
Contusions
Victims should talk to a lawyer to determine which of these damages apply to their case.
How to File a Workers' Compensation Claim Successfully
An employer who carries workers' compensation insurance should tell their employees how to process a claim if they ever need to. However, there are a few steps that all victims should follow regardless of what happened to ensure they have the best chance of earning compensation.
Here's how to file a lawsuit for workers' compensation in Missouri:
Report the Workplace Injury Right Away
In Missouri, victims have up to 30 days from the date of the accident to report it. It's always better to notify the employer in writing, specifying all the details about the accident and the injury.
Even if the injuries seem minor, reporting the injury right away will play a big role in the case later.
The employer should then arrange for the victim to receive a medical evaluation and treatment. They should also file Form WC-22 to the Division of Workers' Compensation. That's the document where the employer admits or denies the claims the victim made in their report.
Follow the Doctor's Advice
The victim must follow their treatment as thoroughly as possible. Missing even one small appointment can cause the insurance company to stop sending weekly checks.
Victims will receive these weekly checks if the doctor restricts them from returning to work for a while. On the other hand, if the doctor allows the victim to work a light-duty job, but the employer doesn't have one, they may also get weekly checks.
File a Claim for Workers' Compensation
Besides reporting the workplace injury, victims should also file a Claim for Compensation. In most cases, the victim has two years from the date of the injury or the last payment received for the accident.
If the employer didn't file a report of the accident correctly, the deadline may be extended to three years.
Other exceptions could extend the deadline even further, but it's crucial to talk to a legal expert about them.
Can Employers Deny a Workers' Compensation Claim?
Technically, an employer can deny a claim through a written notice. Victims should find out whether their claim was approved within a few weeks after filing it.
While employers can deny a claim, this doesn't mean that the Division of Workers' Compensation denied it too. In other words, the victim may still have a chance to fight for compensation, although the process will become slightly more complicated.
Unfortunately, many workers who get their claims denied by their employers think it's the end of the line for them, so they go back to work despite the injuries sustained. This isn't fair for them, so it's crucial to talk to an experienced attorney who can help navigate these claims thoroughly. They're also able to help with navigating how to file a lawsuit for premises liability in Missouri.
Can Victims Appeal a Workers' Compensation Determination?
In some cases, the employer may offer an award that the victim doesn't agree with. Here, the victim can apply for review with the Labor and Industrial Relations Commission. They have 20 days from receiving the employer's answer to file the appeal.
Unfortunately, victims can't appeal settlements that have been approved by an administrative law judge.
There are three potential appeals the victim may consider:
The victim files an appeal with the Commission. This organization is comprised of three panelists who are responsible for reviewing the case. After reviewing all the details, they may decide whether to issue a new award or not.
Victims can request a second appeal after getting a final award from the Commission. This time, the appeal will go through the state's Court of Appeals. The court will review the case history and any potential issues with it. Finally, it will either modify or reverse the Commission's award.
There's a third appeal that victims can make to the Missouri Supreme Court. These claims are rare, though.
When Does the Victim Receive Their Compensation?
The timeline to receive compensation depends on the type of benefits the victim is entitled to.
Those who are eligible for medical benefits, for example, can expect their payments to start immediately. This is why it's important to seek medical help and treatment as soon as possible.
Moreover, victims should let their doctor know that they're planning on filing a workers' compensation claim. They will keep a record of each visit and the bills received, which can be used as evidence later.
There are also non-medical benefits (or wage-loss payments). Victims may receive their first payment within two weeks of the claim being approved. Depending on the case, these payments can arrive weekly, biweekly, or monthly.
Time-loss compensation and loss of earning power benefits will not start until the claim has been formally accepted.
It's important to note that the victim will only start receiving payments if the claim gets approved. If it gets denied, they may file an appeal, although they won't get paid until the appeal reverses the initial decision.
Regarding temporary disability benefits, the employee will receive those until the employer has enough evidence to show that they're not entitled to them anymore. If the victim's doctor determines that they're able to return to work normally, the employer will have the right to cease the benefits.
Why Would Victims Hire a Workers' Compensation Attorney?
Going through a workers' comp claim alone isn't recommended. There are dozens of different factors and elements playing a role in these cases, and the slightest mistake can lead to the victim losing their potential to earn more compensation.
Thankfully, victims can hire a professional attorney who can help them navigate the most complex parts of the case. Getting injured at work is already overwhelming, so throwing in the stress that comes with a legal case will make things worse.
A lawyer can help the victim gather evidence, negotiate with their employer or insurance company, file the appropriate claims and appeals, and more. They can also educate their clients about state laws, allowing them to understand their cases more thoroughly.
Leaving the hard work to the lawyer will give the victim enough peace of mind. They'll be able to focus on their recovery while the professional takes care of the rest.
Bottom Line
Does the employer carry workers' comp insurance? If the answer is yes, the victim can get their claim process started.
Hiring an experienced workers' compensation attorney ensures that victims have the best chance of getting money for their lost wages and medical bills. Depending on how severe the injury is, it may be better to seek advice from a workers' compensation lawyer.
Legal professionals will help the victim navigate all the complicated steps of the claim too, including negotiating with the insurance company or talking to the administrative law judge to resolve a dispute.
Those interested in learning more about the Missouri workers' compensation law can schedule a free consultation with Powell Law Firm. These legal experts have tackled workers' compensation cases for years, giving them the necessary knowledge to build strong lawsuits when needed.
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