If you have been hurt performing the duties of your job in the Springfield, MO, community, you may be unable to work. This could leave you feeling overwhelmed by the never-ending workers’ compensation forms, meetings with insurance, and medical appointments. You may also worry about making your financial commitments if your benefits have been denied.
That’s why it’s important to consult with Springfield workers’ compensation lawyers for help with your claim. The Mike Agruss Law aggressively defends the rights of hardworking Missouri residents who have been hurt on the job. We help them navigate the the complicated world of workers’ compensation cases.
Missouri Workers’ Comp Coverage
Missouri workers’ compensation insurance covers:
- Work-related accident injuries
- Illnesses caused by harmful work-related chemicals and allergens
- Ongoing medical care, surgeries, and physical therapy
- Repetitive stress injuries like carpal tunnel syndrome
- Missed wages if an employee can’t work because of a work-related injury or illness
- Permanent or temporary disability compensation
- Funeral costs when an employee loses their life in a workplace accident
Workers’ compensation is issued by an employer’s insurer. What you’re entitled to will depend on the details of your personal injury. That’s why working with a Springfield, MO, employment law specialist with experience in workplace injuries can be beneficial.
Missouri Workers Comp Legal Issues
The State of Missouri allows employers to choose a physician for their sick or injured workers. If employees choose their doctor, it will be at their own expense. Employers are allowed to ask employees to use paid leave time if they need to see a doctor during work hours.
When it comes to disability benefits, Missouri uses a compensation chart to decide the number of weeks an employee will receive payment for certain injuries. You can find more information about the compensation chart on Missouri’s Department of Labor website.
Missouri’s work comp statute of limitations is two years. The statute of limitations begins at the time your work-related injury occurred. If your employer fails to promptly report your injury to the division, the statute of limitations can be extended up to one year.
Springfield, MO, Workers Comp Injuries
Springfield, Missouri, sectors like transportation, warehousing, agriculture, and construction see a higher percentage of injured employees. However, many injuries also occur in the office.
Both types of injuries are covered by Missouri workers’ compensation laws. If employees experience fatal injuries, their families are allowed to recover financial compensation. Receiving full benefits or other benefits will depend on how successfully you demonstrate the effects of the injuries caused by your accident.
For employees injured on the job who may never be able to return to work, Permanent Partial Disability benefits can ensure they receive compensation. Injuries that an employee experiences will entitle them to workers’ compensation benefits covering two-thirds of their average weekly wages, medical benefits, and vocational retraining needs.
If you need help reviewing a compensation claim, it may be in your best interest to discuss your legal options with workers’ compensation attorneys. Injury cases can be difficult to navigate, especially if the insurance company denies your claim. Speak with Agruss Law Offices after your work injury. We want to help you make a full financial recovery.
Steps To Resolving Work-Related Injuries
The emotional distress involved with being injured on the job can be debilitating. How you handle your workplace injury, the legal services you employ, and your medical treatment choices can affect your claim or violate the law. Follow these steps for guidance after a job accident.
Report Your Injury
Reporting your injury immediately to your employer or supervisor is critical. Failure to report your injury to your employer within 30 days can jeopardize your ability to receive workers’ compensation benefits. Follow up with your employer about your injury in writing so that your attorney has the proof necessary as part of your defense.
Get Medical Care
Missouri employers are required to provide medical treatment for employee-related injuries. Securing medical care will not only help lawyers build your claim but is also one of the most pivotal steps to getting full benefits. If you’re injured on the job in Southwest Missouri, see an employer-approved medical specialist as soon as you can.
Review Additional Compensation Opportunities
In addition to medical benefits, an employee may be entitled to permanent disability. Permanent disability compensation provides temporary total, permanent partial, or permanent total disability benefits. An approved family member can also secure compensation when a loved one is killed because of an employment-related injury.
Resolve Your Claim
If you believe that you have not received all benefits for being injured on the job, a workers’ compensation attorney can help. If you have contacted your employer and the insurance company and the problem still has not been resolved, your workers’ compensation lawyer can help you review your options.
Speak to Missouri lawyers for additional information on their practice areas, obtaining disability benefits, paying your medical bills, and our trial attorneys’ profiles. Mike Agruss Law has years of experience, and we can fight to resolve your job-related injuries through workers’ compensation insurance claims.
Appealing Workers Compensation Cases
After an employee has gone through the hearing process and an administrative law judge has issued an award, that employee has the right to apply for review with the Labor and Industrial Relations Commission within 20 days. Don’t let time run out. Let an employment law attorney assist you today.
Springfield Workers Comp FAQs
Workers’ comp claims and disputes can lead to settlements and civil trials in Missouri. When an employee suffers an injury or illness from their job, the Missouri Division of Workers’ Compensation ensure injured workers can get benefits. A Springfield personal injury attorney can help you understand the claims process.
Missouri judges in the division have the power to approve workers’ compensation settlements and can issue awards related to injured workers’ benefits. The lawyers at Mike Agruss Law have years of experience collaborating with judges and securing fair settlements for their clients. Read on for answers to some of the most frequently asked workers’ comp questions.
How much is my workers’ comp case worth?
Workplace accidents are as unique as the circumstances that cause them. That’s why the types of benefits you are eligible can heavily influence the value of your claim. Sit down with us for a free consultation and we can help you get a better idea of what your claim is worth.
Is workers’ compensation required in Missouri?
Springfield, MO, businesses are required to provide workers’ compensation coverage when they have at least five employees. This includes members of a limited liability company and corporate officers. Construction companies must provide coverage for workers when there’s at least one employee.
Businesses don’t need to offer coverage for the following because they receive coverage at the federal level:
- Railroad employees
- Postal employees
- Maritime employees
Other Missouri workers’ compensation exceptions include:
- Sole proprietors
- Members of a partnership
- Farm laborers
- Domestic workers in private homes
- Qualified real estate agents
- Direct sellers
- Occasional labor performed for or related to a private household
- Unpaid volunteers of a tax-exempt organization operating under the standards of section 501(c)(3) or 501(c)(19) of the federal Internal Revenue Code
Without workers’ compensation, your business must pay out of pocket for an employee’s medical care. Your business also faces the risk of lawsuits for medical costs, lost wages, and personal injury cases when employees are hurt on the job.
Our law office has experience recovering payments for medical treatment benefits. Sit down with us for a free consultation today. We work on a contingency basis, so our lawyers only get paid if we secure financial compensation when you’re injured.
Who pays workers’ comp benefits?
Your employer directly or your employer’s workers’ compensation insurance company should pay for your benefits. Our law firm can help you secure benefits when insurers are difficult.
How much does workers’ compensation pay?
Workers’ compensation benefits give employees a percentage of their average weekly wage. The weekly payment amounts they receive depend on Missouri insurance regulations. To estimate your average weekly wage, take the amount you made last year and divide that number by 52. You can expect a portion of that number in weekly compensation.
Should I notify my employer after my injury?
In Missouri, you are required to inform a boss, a foreman for construction workers, or some other person acting in a supervisory capacity within 45 days of your work injury. Failure to properly report your injury within this 45-day window may result in your case being disputed or denied by your employer. This notice should be made orally and in writing. Our law firm can help you file a formal claim with the Missouri Department of Labor.
If you fail to report an injury, any benefits you may otherwise have been entitled could be lost. That’s why employment law specialists recommend working with a local Springfield, MO, attorney.
How will my workers’ comp attorney get paid?
Our Springfield workers’ compensation lawyers represent clients on a contingency fee basis. This means that legal fees and other case-related expenses will only be due if we recover compensation in your case. When you contact Mike Agruss Law and request a free case consultation, there are no financial obligations.
Does my employer have to cover my medical expenses?
Generally, each employer is obligated to cover all of the necessary and reasonable medical expenses involved in treating your work-related injury. Since your employer is responsible for covering reasonable medical expenses, Missouri law stipulates that they get to choose your physician as well.
How long will my Missouri workers’ compensation benefits last?
How long workers’ comp lasts varies depending on the severity of your work-related injury or illness. If you expect that you’ll need future medical treatment beyond regular workers’ comp payments, employers recommend speaking with an attorney in Springfield, MO, for legal advice.
What if my work-related injury occurs while I’m away from work?
The injury does not need to be caused entirely in the course of your employment for you to receive compensation. You can also be eligible for workers’ compensation when performing your job aggravates a pre-existing injury.
It is also important to note that if you are injured by a third party while on the job, you may be eligible to collect compensation from that party in addition to pursuing a workers’ compensation claim. Speak with Mike Agruss Law about filing a third-party claim today.
What types of injuries are covered?
Workers’ comp generally provides benefits for the following common work-related injuries and illnesses:
- Carpal tunnel
- Back injuries from repetitive movement
- Injury to the lungs from breathing toxic substances
- Slip and fall accidents at work
- Injuries sustained in a car accident while driving for business
When will workers comp not provide coverage?
The following examples include incidents where workman’s comp insurance does not provide coverage:
- If blood/alcohol tests reveal the employee was under the influence at the time of injury
- Self-inflicted injuries
- The employee was violating a law or company policy
- The employee was not on the job at the time of the injury
What is the waiting period for workers’ compensation in Missouri?
In general, the waiting period for workers’ compensation in Missouri is three business days. Compensation is not paid for the first three business days or less of disability if you are unable to work. If you are unable to work for more than 14 days, the “three-day waiting period” will be retroactively paid.
Do I need an attorney to file a work-related injury claim?
You are not legally required to hire an attorney when filing a workers’ comp claim, but it is recommended. One of our experienced personal injury attorneys can advise you on how to best approach your case and represent you throughout the process, increasing your chances of receiving the compensation you deserve.
