West Plains Workers’ Compensation Attorneys

Helping Injured Workers File Claims and Appeal Denials

Workers’ compensation provides essential 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 due to 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 depend 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 & Kinder, 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 with our West Plains workers' comp lawyers.

Understanding Workers' Compensation Benefits

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
• Prescriptions
• Medical devices
• Reasonable travel expenses
• 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. 

Calculating Your Workers’ Compensation Benefits

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 weekly 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 of 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 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 in Missouri?

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
• 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 Workers' Compensation Claim Was 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.

Appealing a denial involves gathering additional evidence, which may include medical records, witness statements, and any missed documentation that contributed to the initial rejection. It's crucial to understand your right to legal counsel during this process as they can significantly enhance the likelihood of a successful appeal by navigating legalities and ensuring all necessary details are addressed.

Get Professional Help for Your Workers’ Comp Claim

You can have an attorney assist with your claim. At Henry, Williams & Kinder, 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.

FAQs About Workers' Compensation in Missouri

What Are the First Steps to Take After a Workplace Injury?

Immediately following a workplace injury, it is crucial to prioritize health and safety. This means seeking appropriate medical attention promptly to address any immediate healthcare needs. Not only does this ensure personal well-being, but it also creates a medical record that can be pivotal when filing a workers' compensation claim. After attending to medical emergencies, the next step is to report the incident to your employer right away. Providing a detailed account of the event, including how the injury occurred and any potential witnesses, sets the groundwork for a solid documentation process.

Being proactive in these initial steps can significantly influence the efficiency and outcome of a claim within the Missouri workers' compensation system. It's equally important to maintain personal documentation of the injury and any subsequent medical visits or rehabilitation programs attended. These records can act as evidence to strengthen your claim, particularly if it faces scrutiny or challenges from your employer or the insurance company. Contacting a skilled workers' comp attorney in West Plains early can assist in navigating the complexities of the workers' comp process, ensuring you receive the benefits you are entitled to.

How Long Does the Workers' Compensation Process Take?

The duration of the workers' compensation process in Missouri can vary widely depending on several factors, including the complexity of the injury, the promptness of medical diagnosis, and the speed of claim filing and employer cooperation. While some straightforward cases may be resolved in a matter of weeks, more complex situations involving disputes or appeals of denied claims may stretch into several months.

Complex claims often require detailed investigations to establish a clear causation between the work environment and the injury, as well as the extent of the injury’s impact on the worker’s ability to perform job duties. Understanding this timeline and preparing for potential delays by maintaining detailed records and engaging with experienced legal professionals can ease the process. Legal advice is particularly invaluable if a claim is contested, as attorneys can effectively advocate for timely resolutions and favorable outcomes.

Can I Choose My Own Doctor for Workers' Compensation Cases in Missouri?

In Missouri, the workers' compensation system generally grants the employer the right to select the healthcare provider for treating a work-related injury. This means that employees must initially adhere to the company’s chosen doctor to receive coverage for medical expenses. However, the employee has the right to select a healthcare provider at their own expense.