We get a lot of calls from people who are injured on the job and have Missouri Workers Compensation questions. Here are some common Missour Work Comp questions and answers.
1. Does the Missouri workers’ compensation system cover me?
Most Missouri employers are required to carry workers’ compensation insurance to cover their employees. If a business employs five or more workers, the employer must carry workers’ comp insurance.
Businesses in the construction industry must carry insurance if they employ one or more workers. (part of the construction industry, click here.) Be aware though that Missouri law does provide exemptions for some employees.
Were you injured by a car accident, off site work injury or by a non-employee? You may have a personal injury claim and an attorney needs to be involved quickly as there are many pitfalls that can cause you problems if you don’t act correctly.
2. What is the first I should do after my work place injury?
1. Report your injury to your employer immediately. Failing to make a report within 30 days of the injury can jeopardize your right to workers’ compensation benefits, including not receiving any benefits. You should report this injury in writing with the following information: your name and address; where the injury occurred; the date it occurred; and the nature of the injury.
If you feel you are being ignored, send a copy via email, fax or certified mail and keep a printed copy for your records. Don’t just keep it on your computer or phone as technology sometimes fails and phone are lost etc.
In Missouri, the employer has the right to choose your doctor so you must give them the opportunity to choose the doctor or decline to do so.
3. How long do I have to file a workers’ compensation claim?
First, please note that filing a workers’ comp claim is not the same thing reporting the injury to your employer. The general rule is claims need to be filed within 2 years of the date of your injury. There are some exceptions that can extend this 2 year deadline, but you should not wait nearly that long to file the claim.
4. I can’t go back to work after suffering a workplace injury. What now?
It depends. Is it just your old work or any and all work? If the workplace injury leaves you totally and permanently disabled, you may be entitled to permanent total disability benefits, but you must be unable to work in any occupation in the labor market to qualify for these benefits.
Is the new injury combine with an old injury to create more problems that result in you being totally disabled from working any job? If so you may be entitled to Missouri Second Injury Fund benefits.
You may also be entitled to Social Security Disability Benefits.
5. Do I need to hire a lawyer to represent me in my workers’ compensation case?
No. You are free to go it alone and represent yourself in the work comp claim. An experienced attorney can help you understand your legal rights and options every step of the way. Your employer will have a lawyer and you will likely have to deal with these attorneys.
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)
If you or 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 work comp, accident cases and Social Security Cases 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 Jason Krebs and his staff simply call (417) 883-5886 for your free case evaluation today.