Getting injured at work can be a challenging and stressful experience. Understanding the process and your rights under Missouri’s workers' compensation laws can make navigating the situation easier.
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What Happens After You Get Hurt at Work in Missouri?
Getting injured at work can be a challenging and stressful experience. Understanding the process and your rights under Missouri’s workers' compensation laws can make navigating the situation easier. Here’s a detailed look at what you should do and what to expect if you’re injured on the job in Missouri.
Evaluating the Immediate Actions After an Injury
Seek Medical Attention
If the injury is severe, seek emergency medical attention immediately. Your health and safety are the top priorities, and having a personal injury attorney can make sure that your medical care is properly documented for future claims.
For less severe injuries, you should still see a healthcare provider as soon as possible. Even if an injury seems minor, getting checked out is crucial to avoid complications and to document the injury.
Report the Injury to Your Employer
Missouri law requires you to report your injury to your employer within 30 days, according to the Department of Labor and Industrial Relations. It’s best to notify them as soon as possible to make sure your claim is processed without delays.
It’s advisable to provide a written report of the injury. This can be an email, a letter, or a completed form depending on your employer’s procedure. Keep a copy for your records.
Document Everything
Keep copies of all medical records related to the injury. This includes treatment notes, test results, and any correspondence with healthcare providers.
Document details about how the injury occurred, including date, time, and witnesses. Photographs of the accident site or your injury can also be helpful.
Navigating Workers' Compensation in Missouri
Missouri’s workers' compensation system is designed to provide financial support and medical care to employees who are injured on the job. Here’s how it works.
Filing a Claim
After reporting the injury to your employer, you’ll need to file a claim with their workers' compensation insurance carrier. Your employer should provide you with the necessary forms, but you can also obtain them from the Missouri Division of Workers' Compensation.
You’ll need to provide details about the injury, how it happened, and the medical treatment you’ve received. Accurate and complete information helps expedite the claim process.
Types of Benefits
Workers' compensation covers medical expenses related to your injury. This includes doctor visits, hospital stays, medications, and rehabilitation services.
If your injury prevents you from working, you may be eligible for temporary disability benefits. These benefits typically replace a portion of your lost wages (usually two-thirds) while you’re recovering.
If your injury results in a permanent impairment, you might be eligible for permanent disability benefits. The amount depends on the severity of the impairment and how it affects your ability to work.
If you can’t return to your previous job, workers' compensation may cover costs associated with retraining or education for a new position.
Employer and Insurer Responsibilities
Employers in Missouri are required to carry workers' compensation insurance, which covers the costs associated with employee injuries. Once a claim is filed, the insurance company will review it and decide whether to accept or deny it. They might request additional information or documentation to process the claim.
Claim Denial and Disputes
Claims might be denied for various reasons, such as insufficient evidence, late reporting, or disputes over the cause of the injury. If your claim is denied, you have the right to appeal. This involves requesting a review by the Missouri Division of Workers' Compensation or, in some cases, filing a petition for a hearing before the Labor and Industrial Relations Commission.
Legal Assistance
If you encounter difficulties with your claim or need help navigating the process, consulting a personal injury attorney can be beneficial. They can provide guidance on your rights, help with documentation, and represent you in disputes.
Understanding Your Rights Under Missouri Workers' Compensation Law
Missouri’s workers' compensation system is designed to protect employees by providing financial and medical benefits when they’re injured on the job. It's crucial to understand your rights to make sure that you receive the full range of benefits you're entitled to.
Right to Medical Care: You’re entitled to receive medical treatment related to your work injury. The care must be provided by a doctor approved by the workers' compensation insurance, though you can generally choose your treating physician from a list of authorized providers. A personal injury attorney can assist in making sure that your chosen provider meets all necessary criteria.
Right to Wage Replacement: If your injury prevents you from working, you have the right to receive wage replacement benefits. These benefits are calculated based on a percentage of your average weekly wage and are meant to partially compensate for lost income.
Right to Compensation for Permanent Impairments: If your injury results in permanent impairment or disability, you have the right to receive compensation for this long-term impact. The amount and type of compensation depend on the extent of your impairment and its impact on your ability to work. A personal injury attorney can help you assess the full extent of your impairment and advocate for appropriate compensation.
Right to Vocational Rehabilitation: If you’re unable to return to your previous job due to your injury, you may be entitled to vocational rehabilitation services. These services help you acquire new skills or training to re-enter the workforce in a different capacity.
Right to a Fair Process: You have the right to a fair process, including the ability to appeal decisions made by the insurance company or the Division of Workers' Compensation if you believe your claim has been unfairly handled.
Knowing What to Expect During the Process
Claim Review
After filing your claim, the insurance company will review the information and determine whether the claim is valid. The insurer might conduct an investigation to verify the details of the injury and make sure it falls under workers' compensation coverage.
Medical Evaluations
The insurer may require you to undergo an independent medical examination (IME) to assess the extent of your injury and its impact on your ability to work.
Settlement Offers
In some cases, the insurer may offer a settlement to resolve the claim. This typically involves a lump-sum payment or a structured settlement over time. It’s important to review any settlement offer carefully and consider consulting a personal injury attorney to make sure that it meets your needs.
Ongoing Communication
Maintain regular communication with your employer and the insurance company to stay informed about the status of your claim and any additional requirements.
Returning to Work
Modified Duty
If you’re able to return to work but need restrictions or accommodations, your employer may offer light or modified duty work. This allows you to continue earning income while accommodating your recovery needs.
Full Return
Once you’ve fully recovered and your healthcare provider clears you to return to your previous job, you should be able to resume your regular duties.
Job Protection
Missouri law protects employees from retaliation or discrimination due to a workers' compensation claim. Your employer is required to reinstate you to your previous position or a comparable one upon your return.
Considering the Long-Term Effects
Permanent Impairment
If your injury results in a permanent impairment, your healthcare provider will assign an impairment rating, which helps determine the amount of permanent disability benefits.
Future Medical Needs
If your injury requires ongoing medical treatment, workers' compensation should cover these costs as long as they’re deemed necessary and related to the injury.
Employment and Career Impact
Injuries can sometimes impact your career trajectory. Consider exploring vocational rehabilitation services if you need to change professions or seek additional training.
Address Your Questions With an Attorney
Navigating the workers' compensation system after an injury can be challenging, but at The Law Office of Steve Slough, we’re here to guide you through every step of the process. From seeking medical attention to filing your claim and potentially appealing a denial, we’re committed to supporting you throughout the entire journey. Our goal is to be with you until the very end, fighting hard to secure the best possible outcome for your case.
Our personal injury attorney team is prepared to take your case to trial if necessary, always aiming to achieve full compensation so you can walk away with the settlement you deserve. Serving St. Louis County, St. Charles County, and Madison County in Missouri, as well as St. Clair County in Illinois, we’re dedicated to protecting your rights to make sure that you receive the benefits and support you need.
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A peer review in workers' compensation is an evaluation of your medical treatment by a physician who wasn't involved in your care. This review verifies that the treatment you received was necessary and appropriate.
