Under Missouri workers’ compensation law, employees who are injured while working anywhere within the state can file a workers’ compensation claim to cover medical costs and lost income.
Generally, claims are filed for injuries that require treatment beyond simple first aid. As a Springfield Missouri Workers Compensation Attorney a common question I get is: Are all Missouri employees covered by Work Comp?
While most workers are covered under this law, there are some key exceptions:
- Employees of small companies. Employers with more than five employees are required by Missouri law to have workers’ compensation insurance. Companies with fewer than five workers are exempt from providing coverage. There is an exception to this exception as construction companies with fewer than five employees must carry Missouri workers’ compensation insurance.
- Exempt employees. Missouri does not require certain employees to be covered by workers’ compensation, including agricultural workers, domestic workers (such as babysitters or housekeepers), qualified real estate agents, volunteers, and independent contractors. There are any issues with whether someone is truly an independent contract and you should seek the advice of a Missouri Workers compensation attorney on this issue before just accepting the insurance company denial of your claim
- Federal employees are also not covered by Missouri workers’ compensation law. There is a separate federal workers’ compensation program to cover federal employees.
- Disputed cause. Your injury must be work-related injury; that is the injury must have occurred in the course of employment and the work must have been the “prevailing factor”. This means that a work accident or exposure must be the primary cause of your injury.
What to Do After a Missouri Work Comp Injury to Protect Your Rights?
TELL YOUR BOSS! The first thing you must do is report your workplace injury to your employer. If at all possible do so before you seek treatment for the injury. I speak with people all the time who don’t report the injury and 6 months later are still having problems that require treatment. There is little that can be done at this point usually.
This notice must be given in writing, and should include your name; the date, time, and place of your injury; and a request for a response.
You also must report your injury within 30 days in order to receive workers’ compensation benefits. However every day that you wait will be used by the employer’s insurance company to try to claim this was not a work related injury.
Many of the issues involved as Missouri workers compensation cases often are very complex and can be very technical in nature.
That’s why I created a service I’m calling My 5 Point “Accept No Limits” Consultation – it has a real retail value of $299, but because I want to help as many people as I can get the answers they need during times of extreme hardship and difficulty, I’m making a limited number of these available at absolutely no charge. All you need to do is call my office at (417) 883-5886 or Toll Free 1(800) 345-0535 reserve your spot.
Here are the different elements of what you’ll experience during this in-depth consultation:
- A Real, Live Face-to-Face Meeting. We’ll meet face-to-face to discuss the specific details of your accident and what happened. You won’t be filling out a web-based data entry form, sending an email, sitting on hold waiting for a real human to answer – you and I will sit down in a room and talk things through. We’ll get to know each other the old-fashioned way – where we can share and learn from each other.
- A Comprehensive Situational Assessment. I’ll let you tell your story in your own words – you talk, I listen. As appropriate, I’ll ask questions to help you recall ALL the details – to make sure we both end up with an identical picture of exactly what happened that put you in this situation.
- A Preliminary Documentation Review. I’ll conduct a preliminary review of any supporting documentation you have that’s relevant to the accident and situation.
- An Honest and Open Q&A Session. I’ll answer any questions that you may have. I’ll be open, honest, and do everything I can to answer your questions to the best of my ability.
- Your Customized “Next Steps to Fairness” Proposal. Finally, after going over your situation, I’ll lay out in clear, easy-to-understand language, what I see as the strengths and weaknesses of your case. In addition, you’ll walk away with specific suggestions on what I see as your best course of action moving forward.
GUARANTEE: While I can’t guarantee ultimate results, I will guarantee our conversation will provide clear, actionable information that you can use to move forward with confidence knowing you’ve received timely and prudent advice.
Is it really worth it to hire a lawyer though? A prominent legal newspaper called Missouri Lawyers Weekly stated that since the 2005 work comp reforms had gone into effect, injured workers that were represented by lawyers received on average of 49% more than unrepresented workers who handle the case themselves.
So most of the time, even after paying their lawyers the injured worker will come out substantially ahead than “going it alone”.
If you would like more information about the Missouri Work Comp process, please request my FREE ebook report Understanding Your Missouri Workers Compensation Case.
(Don’t worry I won’t sell or give your email to anyone)
Some people are unsure if they even want to pursue a Worker’s Compensation claim. That too is within your rights and totally your decision. Some Employers will try to pressure you for any variety of reasons not to make a claim. They may try to claim that their work comp premium rates will rise or that you are being a “bad employee”. The thing that you must consider is what is best for you and your family in a decision that you must make. Hopefully this report can ease some of your concerns and allow you to make the choice that you feel is right.
If you or a family member was injured at work or in an on the job accident, The Krebs Law Firm LLC offers a free case evaluation if you have questions.
Many people may be worried that they do not have the money to pay for a work comp attorney when they were injured at work but we only handle Missouri Work Comp, on a contingent fee basis. In other words, there is no fee unless we are successful in getting you the benefits that you deserve.
If you would like to speak to a Springfield Missouri Workers Compensation Attorney call (417) 883-5886 or Toll Free 1 (800) 345-0535 for your free case evaluation and consultation today.
If location is a concern for you, I personally handle Workers Comp cases all across Missouri.