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Originally Posted On: https://vancamplawfirm.com/understanding-missouri-workers-compensation-rules-a-quick-guide/
Understanding Missouri Workers’ Compensation Rules: A Quick Guide
A workplace injury can flip your life upside down, leaving you with a mountain of pain, stress and questions. At Van Camp Law Firm, we’ve never helped an individual who planned on getting hurt at work. Workplace injuries are impossible to predict, so when they come, they can feel like an absolute avalanche.
If you’ve been hurt while on the clock, it’s easy to feel alone. However, there were more than 90,000 first reports of injury and 12,997 claims for compensation filed in Missouri last year. Regardless of improvements in safety technology and training, work-related injuries still happen. When they happen, you deserve fair compensation and medical treatment for your injury.
If you’ve recently been injured in a workplace accident or in transit for work, it’s important to contact a law firm that focuses on workers’ compensation cases as soon as possible. Many clients get fair value for their claims because they come to the team at Van Camp Law Firm early. In the meantime, gaining some understanding about Missouri workers’ compensation rules can better equip you should you become injured.
Missouri Workers’ Compensation Rules – How Does the Process Work?
So, what do you need to know about workers’ compensation? While we can’t answer every Missouri workers’ compensation question here, we can cover some basics. Here are five things you need to know:
- Workers’ compensation covers injuries that occur in the course and scope of employment.
The bedrock of any workers’ compensation case is that the accident is associated with your employment or a risk of your employment and is the most important factor leading to injury. Two essential criteria used to determine if work was the “prevailing factor” of your injury are:
- It was reasonably apparent that the at-work accident was the main cause of your injury or illness.
- Your injury didn’t come from a hazard or risk unrelated to work or is something you would be exposed to, regardless of employment.
While some accidents can be straightforward, others can be more complicated if they occur away from a work site, are due to repetitive injury, or many other scenarios. The attorneys at the Van Camp Law Firm can help with these complicated matters to make sure that you get all of the benefits to which you are entitled.
- You should report your injury to your employer as soon as possible.
Whenever you experience a work-related injury, you must report your injury to your employer within 30 days. While recounting every detail of your injury may be difficult, staying within the reporting window is critical. If you fail to file a report within the window or fail to include important facts, your compensation may be at risk. This report should include the following information:
- Your name and address
- The time and date you were injured
- The place where you were injured
- The nature of your injury
If your employer doesn’t provide this form to you, you can download a report document here. Your employer must then file a First Report of Injury with the Missouri Division of Workers’ Compensation.
If you have concerns that you did not properly report your injury, don’t just give up. Call the attorneys at the Van Camp Law Firm to see if you still have a valid claim to pursue your benefits.
- Medical treatment and follow-through is essential.
Once you file a report with your supervisor, your employer should provide medical treatment for your injury. They will direct your treatment, meaning you must see doctors, surgeons or other healthcare providers they select.
While we understand being skeptical of your employer-directed medical care, it is the required route to continue receiving benefits. You may choose to involve your own doctor or get a second opinion in your recovery evaluation, but it will be at your own expense and may not be covered by health insurance.
If your claim is denied, it is still important to follow up with your healthcare provider, as they can diagnose your injury, which will be on the record. In the case of a denied claim or dispute over a medical examination, consult with an attorney who is versed in workplace injuries sooner rather than later.
- Workers’ compensation may cover lost wages and ongoing disability.
Outside of your medical expenses, you may receive compensation for lost wages or may have light duty work available from your employer. If you are out of work or under restrictions by the treating physician and the employer does not have restricted duty available, the employer will owe temporary benefits. Once you have completed your medical treatment, if you have ongoing symptoms or limitations, you may also receive compensation for permanent partial disability or permanent total disability.
Regardless of the severity of your injury, your case is important and should not be shrugged off by your employer or their insurance company. Your compensation is essential for caring for yourself and those who depend on you.
- You have the right to consult with a workers’ compensation attorney.
You have the right to pursue your benefits and the right to consult with a workers’ compensation attorney at any point in the process. Workers’ compensation is a complex field where several parties will try to mitigate costs, meaning they will try to give you less than you deserve. When you call an attorney, they can explain your benefits and help you navigate towards fair compensation.
Find an Excellent Workers’ Compensation Attorney
If you’ve been injured at work and are ready to look for help, the team at Van Camp Law Firm is ready to assist you. Our attorneys are well-versed in workers’ compensation law and can help with cases throughout the “Show-Me” state.
If you’re still on the fence about hiring an attorney for your case or have questions on benefits available in Missouri, visit our “FAQs” or “Helpful Missouri Workers’ Comp Links” pages to get answers to your Missouri workers’ compensation questions and see why you should have a legal expert in your corner. Better yet, call to schedule a free consultation.
