Who Pays for a Work Injury in Missouri? | Everything Injured Employees Should Know

When an employee sustains an injury on the job in Missouri, the question of who is responsible for covering the costs of medical treatment and lost wages often arises.

In most cases, the employer is responsible for compensating injured employees through workers' compensation insurance, but what is it? Will it cover their expenses if they require medical care, lose wages, or suffer permanent disability?

This blog post will delve into the specifics of workers' compensation in Missouri to answer these questions!

Who Should Pay for an Injured Worker's Medical Bills and Lost Wages?

In Missouri, employers are generally required to carry workers' compensation insurance to cover the medical expenses and lost wages of employees who suffer work-related injuries or illnesses.

That means if an employee gets hurt on the job, their employer's insurance will typically be responsible for related expenses, such as:

• Medical bills: This includes the cost of immediate medical care, physical therapy, and any other necessary treatments.

• Lost wages: If the injury prevents the employee from working, they may be eligible for other forms of compensation, including temporary or total disability benefits, which will replace a portion of their lost income.

More often than not, these benefits are available until the selected healthcare provider (employees aren't allowed to choose their own doctor) determines that the injured worker reaches maximum medical improvement.

How Does Workers' Compensation Insurance Work in Missouri?

Workers' compensation insurance is a no-fault system, which means that an injured employee doesn't have to prove that their employer was negligent or careless in order to receive benefits. Instead, the focus is on providing compensation for injuries and illnesses caused by job-site accidents or similar situations.

Filing a Workers' Compensation Claim in Missouri

The process for filing a workers' compensation claim in Missouri typically involves the following steps:

1. Report the injury: Injured employees should immediately report the injury to their supervisor.

2. Seek medical attention: It's important to seek medical treatment promptly after an injury, even if it seems minor.

3. File a claim: The employee or their employer will file a claim with the Missouri Division of Workers' Compensation.

4. Attend a hearing: If necessary, a hearing may be held to determine the extent of the employee's injuries and the appropriate benefits.

   
   

Workers' Compensation Benefits in Missouri

Injured workers in Missouri may be eligible for several benefits, including the following:

• Medical expenses: As mentioned earlier, workers' compensation insurance typically covers the cost of medical treatment related to work injuries.

• Lost wages: Injured workers can also receive compensation for their lost income if they're unable to work due to their health condition. The amount is usually calculated based on the average weekly wage and other factors.

• Temporary total disability benefits: These benefits are paid to employees who are unable to work due to their injuries.

• Permanent partial disability benefits: These benefits are paid to employees who have suffered a permanent injury that doesn't prevent them from working but limits their earning capacity.

• Permanent total disability benefits: These benefits are paid to employees who are completely unable to work due to their injuries.

• Vocational rehabilitation: If necessary, injured employees may be eligible for vocational rehabilitation services to help them return to work. These benefits are only available in certain cases.

When Should Injured Employees Submit a Workers' Compensation Claim

It's important to file a workers' compensation claim as soon as possible after a work-related injury. Like other states, Missouri law typically sets time limits for filing claims, so it's crucial to be aware of these deadlines and to take action promptly.

What If the Employer Doesn't Carry Workers' Compensation Insurance?

If an employer in Missouri doesn't carry workers' comp insurance, and an employee suffers a workplace injury or develops an occupational illness, that individual or entity may be personally liable for the injured person's damages, but a civil case might be required.

In Missouri, all companies with five or more employees must carry workers' comp insurance. Actually, employers in the construction industry are legally required to offer this coverage if they have one or more employees.

Any employer who fails to respect this rule can be sued and held liable for an employee's damages, including any costs and financial losses related to workplace injuries or occupational diseases.

Do Injured Workers Need Help from an Attorney?

While it's possible for injured employees to handle their own workers' compensation claims, it's often advisable to consult with an attorney who specializes in this law. Our St Louis workers comp attorney can help them ensure that their rights are protected and that they receive the maximum benefits to which they're entitled.

Workers' compensation isn't like health insurance but a more complex matter that usually requires a deep understanding of the legal system and extensive expertise. That's why it's always a good idea to seek legal counsel from professional lawyers. The can also share insight on who pays for a wrongful death in Missouri.

How a Workers' Compensation Attorney Can Help Injured Workers

A workers' compensation attorney can help injured employees in many ways, including:

• Evaluating the claim: An attorney can assess the strength of the employee's case and determine the potential value of their claim.

• Negotiating with the insurance company: The employer's insurance company may attempt to undervalue the employee's claim or deny benefits altogether. An attorney can help affected workers by negotiating a fair settlement.

• Representing the employee at hearings: As mentioned, an attorney can represent the employee at hearings before the Missouri Division of Workers' Compensation if necessary.

• Filing appeals: If the employee is dissatisfied with the initial decision in their case, an attorney can help them file an appeal.

Final Thoughts

Work-related injuries can have a significant impact on an employee's life, both physically and financially. It's important for injured workers to understand their rights under Missouri workers' compensation law and to seek legal assistance. Powell Law Firm can also help explain who pays for nursing home abuse in Missouri.

If you or someone you know has suffered a work-related injury in Missouri, please contact Powell Law Firm for a free consultation. Our experienced workers' compensation attorneys can help you navigate the legal process and protect your rights. We're committed to helping the state's employees with their legal matters. Call us today!