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.
![Injured worker at construction site](https://res.cloudinary.com/debi2p5ek/image/upload/w_1140/v1/2401/68581-injured-worker-at-construction-site-f2d3a0b1.jpg)
Workers’ Comp FAQ
If you’ve been injured at work, you're probably looking for workers’ compensation. The Law Office of Steve Slough is here to guide you through the application process and answer some of the most frequently asked questions (FAQs) about workers’ comp.
1. What Is Workers’ Comp?
Workers’ compensation (or workers’ comp) is a type of insurance that provides benefits to employees who suffer work-related injuries or illnesses. The goal is to ensure that workers are taken care of without having to prove fault or negligence on the part of the employer.
Workers’ comp typically includes medical expenses, lost wages, and benefits for vocational rehabilitation to help injured workers re-enter the workforce. It can also provide death benefits to dependents if a worker is fatally injured on the job.
2. Who is Eligible for Workers’ Comp?
Most employees in Missouri and Illinois, including full-time, part-time, and seasonal workers, are covered by workers’ comp laws. Generally, any injury or illness that occurs because of your employment is eligible for workers’ comp benefits.
However, independent contractors and some specific categories of workers, such as certain agricultural workers, domestic workers, and volunteers, may not be eligible for coverage.
3. What Should I Do if I Get Injured at Work?
Report the injury: Inform your supervisor or employer about the injury as soon as possible, preferably in writing, to ensure there is a record of your report and to remain eligible for workers’ comp benefits.
Seek immediate medical attention: Your employer may require you to see a specific doctor or medical provider.
Document everything: Keep detailed records of your injury, medical treatments, and any relevant conversations with your employer or insurance representatives.
File a workers’ comp claim: This process involves filling out specific forms provided by your employer or the state workers’ comp board. Complete all sections of the form accurately to avoid delays in claim processing.
Follow medical advice: Comply with the treatment plan your medical provider prescribes and attend all follow-up appointments. This demonstrates your commitment to recovery and is necessary for your workers’ comp claim to remain valid.
4. How Much Time Do I Have to Report a Work-Related Injury?
In Missouri, you must report your injury to your employer within 30 days. In Illinois, the reporting period is 45 days. However, it is always recommended to report the injury as soon as possible. Filing within this deadline prevents unnecessary delays, so your claim is processed smoothly. Failure to do so could forfeit your right to receive workers’ compensation benefits.
5. Do I Need an Attorney for My Workers’ Comp Claim?
While you are not required to have one, working with an experienced attorney can increase your chances of receiving fair compensation and help you deal with legal complications. An attorney will not only act as your legal representative but also help with gathering evidence.
6. What Benefits Can I Receive?
Medical benefits: Coverage for medical treatments, hospital stays, medications, and any necessary surgeries.
Temporary Total Disability (TTD): Compensation for lost wages if you’re unable to work temporarily due to your injury.
Permanent Partial Disability (PPD): Benefits you receive if you suffer a permanent impairment but can still work in some capacity.
Permanent Total Disability (PTD): Compensation you receive if you are permanently unable to work.
Vocational rehabilitation: Assistance with job retraining if you can no longer perform your previous job duties.
7. Can My Employer Fire Me for Filing a Workers’ Comp Claim?
No, it is illegal for an employer to take action against you for filing a workers’ comp claim. If you believe you have been wrongfully terminated, demoted, or faced any other form of retaliation, contact an attorney immediately to protect your rights and seek justice.
8. How Long Does It Take to Receive Benefits?
The exact timeline depends on case specifics, but most workers receive benefits within a few weeks after the claim is approved. Once you report your injury and file a claim, the insurance company has a certain period to approve or deny it. If approved, benefits typically start within a few weeks. If denied, you may need to file an appeal, which could extend the process.
9. What Are Some Workers’ Comp Laws in Missouri I Should Know?
Missouri has specific regulations governing workers’ compensation. For instance, Missouri follows an “at-fault” system, meaning that you do not need to prove that your employer was at fault for your injury.
Missouri law requires employers to provide medical treatment through authorized healthcare providers. If you choose to see your own doctor without the employer’s approval, you may be responsible for those medical costs.
Missouri also requires employers to carry workers' compensation insurance for their employees. The state has a specific timeline within which injured workers must report their injuries and file claims to remain eligible for benefits.
Missouri’s workers’ comp laws include provisions for dispute resolution, allowing employees to appeal denied claims through the state's workers' compensation division.
Speak With a Workers’ Comp Attorney in St. Louis, Missouri
At The Law Office of Steve Slough, we provide personalized, face-to-face services and in-depth insight into how insurance corporations handle personal injury cases. We will help you deal with potential obstacles and fight for the best settlement possible.
Located in Clayton, Missouri, our attorney serves clients in Clayton, St. Louis County, St. Charles County, and Madison County, as well as St. Clair County, Illinois. If you need help with your workers’ compensation claim, call us for a free consultation. We're here to help you every step of the way.
RECENT POSTS
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.