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Worker's Compensation Claims
If you have been hurt on the job, you are, (or will be) dealing with an experienced insurance adjuster. Workers' compensation law is complicated, technical and full of traps for the unknowing. We will represent you on a contingency fee basis. This means that there is no attorney's fee unless we recover money or benefits for you.
If you are injured on the job, here are some things you need to do:
- Report the accident to your employer as soon as possible.
- Write down how the accident happened while it is still fresh in your mind.
- See your doctor as soon as possible and tell him or her that you were injured.
- Do not sign any documents from the employer or the insurance company without talking to an attorney about it first. You may be signing away some important rights.
- Call an experienced workers' compensation lawyer.
The following answers frequently asked questions regarding worker's compensation claims. If you have any questions about your claim, contact our worker's compensation attorneys today at 417-623-0900 or 800-371-8220 or send us an email. We do not charge for phone or office consultations.
If I am injured on the job, am I always entitled to Worker's Compensation benefits?
Most of the time the answer is yes, but there are many exceptions. First, if your employer has fewer than five employees, you may not be covered by the Workers' Compensation law. Also, there are certain types of employment that are not covered by the Workers' Compensation law. The Missouri Workers' Compensation law is very broad and if you have any questions, you should contact an experienced Workers' Compensation attorney.
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What kind of injuries are covered?
The types of on the job injuries that are covered by Workers' Compensation are very broad. First, the typical accident is usually covered. For example, if you slip and fall at work, this is a Workers' Compensation accident. Workers' Compensation accidents also include injuries caused by repetitive motion such as carpal tunnel syndrome or tendonitis. Back injuries caused by lifting are usually covered. Occupational diseases and chemical exposure are usually covered by Workers' Compensation.
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What about a work-related death?
If a loved one dies because of a work-related injury, the family may be entitled to Workers' Compensation benefits. The benefits generally include a limited benefit for the funeral plus two-thirds of the employee's average weekly wage up to a maximum cap. This benefit is received weekly by the widow/minor children. The length of time that the benefit is received is affected by the remarriage of the widow, ages of the children, the age at which the children become emancipated and other similar factors.
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Can I sue my employer instead of collecting WC benefits?
Generally the answer is no, but there are limited circumstances in which a negligence action can be brought against the employer or fellow employees. The most common circumstance in which an employer can be liable for negligence is if the employer has fewer than five employees and is, therefore, not covered by the Workers' Compensation statute. The other exceptions that allow a negligence suit against an employer or fellow employees are limited and complex. To be safe, you should always ask an experienced attorney if there is a possible negligence claim.
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Can I settle my claim?
Most Workers' Compensation claims are settled. In Missouri all settlements of Workers' Compensation claims must be approved by a Workers' Compensation judge.
If you have any concern about whether an offer made by your employer is reasonable and about whether you have been paid all of the benefits, you should contact an attorney experienced at Workers' Compensation law.
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IMPORTANT - This is not a substitute for legal advice. Please see Disclaimer.
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