Workers’ compensation is essentially a statutorily regulated bargain between employers and employees in which injured workers give up their right to sue an employer in civil court in exchange for the employer’s assurance to provide timely medical care and compensation following a work-related injury.
In exchange for employees giving up things such as compensation for pain and suffering, employers accept responsibility for these injuries and illnesses even if the employer is not necessarily at fault. But the upside is that employers do not have to worry about being tied up in court or have potential liability exposure for large verdicts.
Unfortunately, employers that are strictly focused on their bottom line do not always adhere to the law. Companies’ insurance providers have attorneys on staff who are well-versed in workers’ compensation law, and who may attempt to bend those laws in their favor. Injured workers must have equally knowledgeable and experienced legal representation from a top workers comp lawyer in Springfield Missouri in order to protect their rights and recover the full amount of benefits they are owed.
Workers Comp Lawyer in Springfield Missouri For Those Injured At Work
In general, in Missouri cases, a claim should be filed as soon as possible but in no event more than two years after your injury to preserve your claim.
We will protect your rights in all areas of workers’ compensation law, including:
Medical Treatment — The employer has an obligation to provide medical treatment. Under Missouri Work Comp law the Employer and has a right to pick the treating doctor in Missouri workers’ compensation cases. If your employer does not refer you to any particular doctor, you should ask your employer which doctor you should see.
Temporary Disability Benefits – If the treating doctor certifies that you are unable to work while treating or healing, you are entitled to “temporary total disability benefits.” The amount is based on a 2/3 percentage of your gross average weekly wage (limits do apply) based on the average of the 13 weeks wages prior to the injury.
Permanent Partial Disability – If you are able to return to work after your injury, should be entitled to a payment for your “permanent partial disability” if you have permanent disability as a result of a covered accident or injury. Schedules and formulas in the Missouri workers’ compensation statute help determine the amount of permanent partial disability awards.
Permanent Total Disability – If you are permanently and totally disabled from any type of employment (not just your old job), you may qualify for “permanent total disability benefits.” In order to qualify for these benefits, you must be unable to work in any line of work in the competitive labor market because of your workplace injury. In some cases, the combination of a work injury with any pre-existing injuries or impairments is enough to qualify. The Missouri Second Injury Fund may also be a source of compensation as well. The weekly compensation rate for these benefits is the same as the temporary total rate.
Call today to see if you qualify for a free consultation with experienced Missouri Workers Compensation lawyer Jason Krebs who will personally review your case. Please note that we do not take every case and some claims do not qualify for a consultation with our office. We can answer your questions and provide a straightforward assessment of your case. If your case would need a Social Security Disability lawyer, we are highly qualified to handle this as well.