WEST PLAINS WORKERS' COMPENSATION ATTORNEYS
Helping Injured Workers File Claims and Appeal Denials
Workers’ compensation provides benefits for Missouri employees injured on the job while performing work-related duties. If you were harmed, you might be entitled to financial recovery to take care of medical costs and lost wages because of your disability. You must file a claim as soon as possible. Otherwise, your eligibility may be affected. The amount of your benefits and the length of time you receive them depends on the severity of your injury. There is also a possibility that your request will be denied, which can make it difficult to get the care you need. Fortunately, you can appeal the decision. Whether you are filing an initial workers’ compensation claim or disputing a denial, have an attorney help you through your case.
At Henry & Williams, P.C., our West Plains workers’ compensation lawyers deliver high-quality legal representation. We understand how crucial it is for injured employees to get financial benefits and the medical care and rest they need to recover from harm suffered while on the clock. That is why we assist with every stage of the claims process.
Contact us at (800) 526-1949 today to set up a free consultation.
WHAT IS WORKERS' COMPENSATION?
Workers’ compensation is benefits paid to employees who suffer a workplace injury. In Missouri, employers with 5 or more workers are required to carry workers’ compensation insurance, with some exceptions.
Workers’ compensation covers costs for:
- Medical treatment,
- Medical devices,
- Reasonable travel expenses, and
- Lost wages.
Missouri’s workers' compensation is a no-fault system, meaning the employee does not have to prove who or what caused the accident. However, for an injured worker to be eligible for benefits, their injury must have been sustained while working and performing their job functions. Additionally, the job requirements must have been a primary factor in causing the injury.
How Much Does Workers’ Compensation Pay?
Aside from covering medical expenses arising from treatment necessary to care for and cure the injured employee, workers’ compensation benefits also take care of wages lost due to missed work. The benefit amount they receive depends on the extent of their disability and whether they can return to work with restrictions.
Workers’ compensation benefits available include those for:
- Temporary partial disability: A doctor has cleared the employee for light or modified work. If the restrictions cause the individual to receive less than their full pay, they may be entitled to weekly benefits that are 66 2/3% of the difference between their prior average week earnings and the amount they are receiving while performing modified duties.
- Temporary total disability: A doctor states that the employee can’t return to work for a certain amount of time because of their injuries. The individual may receive weekly benefits for 66 2/3% of their prior average until their doctor has cleared them to return to work.
- Permanent partial disability: The worker cannot perform certain duties because of their injury but can still work – although they may not be able to return to their former position because of their disability. The individual may be eligible for a weekly workers’ comp payment of 66 2/3% of their average prior earnings. They may also be able to request a lump-sum payment.
- Permanent total disability: The employee cannot return to work at all because of their injury. They may receive lifetime weekly benefits of 66 2/3% of their average wages at the time of their injuries. They can also seek a lump-sum payment.
Because of Missouri’s waiting period, workers’ compensation benefits won’t be paid for the first 3 days that the employee is out of work. However, if the individual must miss work for more than 14 days because of their injury, they will be paid for the waiting period.
How Long Do You Have to Report a Work-Related Injury?
You must notify your employer or supervisor of an injury you suffered on the job within 30 days of the incident.
Your notification must be in writing and specify:
- The date, time, and place of the incident and
- The type of injury suffered.
If you fail to inform your employer of your injury within 30 days, you may be ineligible for workers’ compensation benefits.
What If My Claim Were Denied?
Unfortunately, workers’ compensation claims are sometimes denied.
Denial reasons include, but are not limited to:
- Missing the deadline for reporting the injury
- Suffering a non-work-related injury
- Injury arising because of intoxication
If your workers’ compensation claim is rejected, you can appeal the decision. You must file your request for a review of the claim within 20 days of being notified of the denial.
How Can You Get Help with Your Workers’ Comp Claim?
You can have an attorney assist with your claim. At Henry & Williams, P.C., our West Plains workers’ compensation lawyers can help gather documents necessary to support your case, prepare paperwork, evaluate offers, and appeal decisions. We have 80 years of combined experience and are ready to protect the rights and well-being of our clients.
Schedule a free consultation by calling us at (800) 526-1949 or contacting us online today.
With 80+ years of experience, our dedicated legal team has recovered millions of dollars on behalf of our clients.