If you’ve been seriously injured at work in Missouri, mediation is an important step in the workers’ compensation process before your case can move toward a final hearing. It is also the point where injured workers begin to see how much the insurance company is really willing to pay. And when they need help from an experienced workers compensation attorney to make sure that offer is fair.
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- Mediation is required before a Missouri workers’ compensation case can proceed to a final hearing.
- The Administrative Law Judge may give an opinion about the strengths and weaknesses of the case during the mediation, but that opinion is not binding.
- You are not legally required to hire a workers’ compensation lawyer, but going up against the insurance company without one can put you at a serious disadvantage.
- Being told by an insurance company that you’ve reached Maximum Medical Improvement does not always mean you are fully healed or that your case is over.
- An experienced Missouri workers’ compensation attorney may be able to challenge the insurance doctor’s Maximum Medical Improvement opinion, seek an independent medical evaluation, and demand additional treatment.
- Injured workers may be entitled to medical treatment, Temporary Total Disability benefits, and Permanent Partial Disability benefits.
- Permanent Partial Disability ratings can have a major impact on the value of your case, and insurance companies may rely on low ratings to make low settlement offers.
- Once a workers’ compensation settlement is approved by the judge, it is usually final, which is why you should not sign settlement paperwork without first getting legal advice.
Let’s take a closer look at these main points in more detail.
What Injured Workers Need To Know About Missouri Workers’ Compensation Mediation
If you’ve been hurt on the job in Missouri, you’ve probably heard the term “mediation” in your workers’ compensation case.
But what exactly is mediation in Missouri workers’ comp? Do you need a lawyer?
And what happens if the insurance company says you’ve reached Maximum Medical Improvement (MMI)?
As a Missouri workers’ compensation law firm who regularly handles Missouri Work Comp mediations, we want to break this down in a clear, practical way.
What Is Mediation in Missouri Workers’ Compensation?
In Missouri, mediation is a required step before your case can go to a final hearing before an Administrative Law Judge (ALJ).
Here’s how it works:
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You (the injured worker)
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Your workers’ compensation attorney
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The insurance company’s defense attorney
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An Administrative Law Judge
All meet to discuss your case.
At mediation, both sides present:
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Your medical records
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Ongoing pain and symptoms
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Work restrictions
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Permanent disability ratings
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Disputes over treatment
The Administrative Law Judge will typically give an opinion about the strengths and weaknesses of the case.
Important: The Administrative Law Judge’s Opinion Is Not Binding
However, it carries significant weight.
Insurance companies take these opinions seriously. So do injured workers.
In Missouri, you must go through mediation before you can request a final hearing.
It’s a procedural requirement. You have to “check the box” before moving forward.
Do You Need a Lawyer for a Missouri Workers’ Comp Claim?
Technically, no. Missouri law does not require you to hire a workers’ compensation attorney.
But here’s the reality. You are going up against an insurance company that hires experienced defense lawyers and doctors.
Without an experienced Missouri Workers’ comp lawyer on your side, you are often at a serious disadvantage.
What Happens at Maximum Medical Improvement?
One of the biggest traps in Missouri workers’ compensation cases is Maximum Medical Improvement.
Here’s what that means. The insurance company’s doctor says you don’t need any more treatment.
They declare you “at Maximum Medical Improvement.”
But here’s the problem. You may still be in pain.
You may still need medical care. You may still have serious work restrictions.
This Is Where an Experienced Missouri Work Comp Lawyer Steps In
If the insurance company’s doctor says you’re at Maximum Medical Improvement, but you’re still suffering, we can:
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Get an independent medical evaluation (IME).
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Obtain a second opinion from our doctor.
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Challenge their Maximum Medical Improvement determination.
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Demand additional authorized treatment.
Just because their doctor says you’re at Maximum Medical Improvement, does NOT mean you truly are.
The Three Main Benefits in Missouri Workers’ Compensation
Under Missouri law, injured workers are generally entitled to three primary benefits:
1. Medical Treatment (100% Covered)
The insurance company must pay for authorized medical care related to your work injury.
2. Temporary Total Disability (TTD)
While you are off work and receiving treatment, you are typically entitled to:
Two-thirds (2/3) of your average weekly wage.
3. Permanent Partial Disability (PPD)
This is often the final stage of your case.
It is a lump sum payment for the permanent disability you are left with after treatment.
And this is where insurance companies frequently try to underpay injured workers.
What Is Permanent Partial Disability (PPD)?
Permanent Partial Disability is the lasting impairment you have after:
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You’ve completed treatment.
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You’ve reached Maximum Medical Improvement.
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You still have ongoing limitations.
Both sides usually obtain a disability rating:
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The insurance company’s doctor assigns a rating.
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Your attorney can obtain an independent rating.
Here’s what often happens:
The insurance company’s doctor gives a very low rating.
Then the insurance company offers slightly more than that rating is technically worth.
They may say:
“We’re being generous.”
But in many cases, the offer is far below the true value of your claim.
That’s when we:
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Analyze whether the rating is fair.
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Obtain our own higher rating.
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Use medical evidence to fight their numbers.
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Push the case to mediation or hearing if necessary.
Many workers’ comp cases resolve at mediation because the insurance company refuses to make a fair offer initially.
Why Insurance Companies Offer Low Settlements
Workers’ compensation in Missouri does not pay for:
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Pain and suffering
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Emotional distress
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Punitive damages
It only pays for disability under the statutory formula. That makes ratings critically important.
If the insurance company says your case is worth $5,000 and it’s really worth $30,000, that difference matters.
And once you settle and the judge approves it, the case is over.
A Critical Warning: Don’t Sign Before You Call
We frequently get calls from people who say: “I already settled my work comp case. Do you think it was fair?”
At that point, there’s often very little we can do.
Here’s what you need to know. In Missouri workers’ compensation, nothing is final until the judge signs off on it.
If you have not signed your work comp settlement documents, call an experienced Missouri workers’ compensation lawyer immediately.
Even if you’ve verbally agreed to a number, you may still have options.
Final Thoughts: Protect Your Workers’ Compensation Rights
Missouri workers’ compensation law is complicated.
Insurance companies rely on injured workers not knowing:
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What Maximum Medical Improvement really means.
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How disability ratings work.
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What their case is truly worth.
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That they can challenge the insurance doctor.
If you’ve been seriously injured at work in Missouri and required surgery:
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Don’t assume the insurance company is being fair.
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Don’t assume Maximum Medical Improvement means your case is over.
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Don’t sign settlement papers without legal advice.
Before you put pen to paper, speak with an experienced Missouri workers’ compensation lawyer who understands mediation, disability ratings, and trial strategy.
Your future benefits may depend on it.
Injured at Work in Missouri? Call The Krebs Law Firm Today
If you’ve been hurt on the job in Springfield, MO, or anywhere in southern Missouri, don’t go it alone.
The Missouri workers’ compensation system is full of legal traps.
And insurance companies have experienced lawyers working against you.
Let us help you protect your rights and get every dollar you deserve.
The Krebs Law Firm—Experience. Dedication. Results.
Don’t leave your future in the hands of the insurance company. Get a legal team that fights for you.
Don’t try taking on the insurance companies alone. Call The Krebs Law Firm for a free consultation.
You need an experienced workers compensation attorney at your side to make sure you get what you deserve for your workplace injury.
Call The Krebs Law Firm Springfield office at (417) 883-5886, our Columbia office at (573) 886-8976 or toll free at (800) 345-0535.
There is no upfront cost to hiring a Missouri Workers Compensation attorney for your claim.
If have a potential Missouri work comp case and want to make sure you maximize your Missouri Workers Compensation benefits for your workplace injury, then you should speak to an experienced Missouri Workers Compensation attorney sooner rather than later.
Utilize our years of expertise to get the compensation you deserve and let us help each step of the way.