Workers' Compensation Attorney in St. Louis, Missouri

Workers' compensation is a crucial component of personal injury law designed to protect employees who are injured or become ill as a result of their work. In Missouri, workers' compensation laws provide a structured system for addressing workplace injuries and illnesses, making sure that employees receive appropriate benefits while also offering a measure of protection to employers.

At the Law Office of Steve Slough, we are experienced in helping clients with their workers' compensation needs. Located in St. Louis, Missouri, we serve clients throughout St. Louis County, St. Charles County, and Madison County, Missouri, as well as in St. Clair County, Illinois.

Understanding Workers' Compensation in Missouri

Workers' compensation is a form of insurance that provides financial benefits and medical care to employees who suffer work-related injuries or illnesses. It's designed to cover costs such as medical expenses, lost wages, and rehabilitation services, while also providing compensation for permanent disabilities or death benefits for dependents.

Key Objectives of Workers' Compensation

1. Medical coverage: To make sure that employees receive necessary medical treatment for work-related injuries or illnesses.

2. Income replacement: To provide financial support to employees who are unable to work due to their injuries.

3. Rehabilitation: To assist employees in recovering and returning to work.

4. Disability compensation: To compensate for permanent impairments or disabilities resulting from work-related injuries.

5. Death benefits: To provide financial support to dependents of employees who die due to work-related injuries or illnesses.

Eligibility for Workers' Compensation in Missouri

Not all workers are automatically covered under Missouri's workers' compensation system. Eligibility depends on various factors:

1. Employment status: Workers' compensation in Missouri generally applies to most employees, including full-time and part-time workers, but not independent contractors. Certain types of employees, such as those in domestic or agricultural work, may be excluded from coverage under specific conditions.

2. Type of injury: The injury or illness must arise out of and occur in the course of employment. This means that the injury must be directly related to the job duties or conditions at work.

3. Timeliness of reporting: Employees must report their injury or illness to their employer within 30 days of the occurrence or within 30 days of discovering the illness. Failure to report within this time frame may jeopardize the claim.

How to File a Workers' Compensation Claim in Missouri

The process of filing a workers' compensation claim in Missouri involves several key steps:

1. Report the injury: Notify your employer about the injury or illness as soon as possible. This notification should be documented in writing and include details of the incident.

2. Seek medical attention: Obtain medical treatment for your injury. The medical provider should be aware that the treatment is related to a workplace injury, as this will affect how the costs are covered under workers' compensation.

3. File a claim: Complete and file a claim with the Missouri Division of Workers' Compensation. The claim form can be obtained from your employer or directly from the Missouri Division of Workers' Compensation website.

4. Employer’s responsibility: After receiving notice of the injury, your employer is required to report the injury to their workers' compensation insurance carrier. They should also provide you with information on how to proceed with your claim.

5. Insurance carrier review: The insurance carrier will review the claim and determine whether it's accepted or denied. They may also request additional documentation or medical evaluations.

6. Claims decision: You'll receive a written decision from the insurance carrier regarding the acceptance or denial of your claim. If the claim is accepted, benefits will be provided according to the terms of the policy.

Types of Benefits Available

Missouri workers' compensation offers several types of benefits depending on the nature and severity of the injury:

• Medical benefits: Covers all reasonable and necessary medical expenses related to the treatment of the work-related injury or illness. This includes doctor visits, hospitalization, surgery, and prescription medications.

• Temporary total disability (TTD): Provides compensation for lost wages when an employee is temporarily unable to work due to their injury. The benefit amount is generally two-thirds of the employee’s average weekly wage, subject to state maximums.

• Temporary partial disability (TPD): Available if the employee can return to work in a limited capacity but earns less than their pre-injury wages. The benefit amount is typically two-thirds of the difference between the pre-injury and current wages.

• Permanent partial disability (PPD): Compensates employees for permanent impairments resulting from their injury. The amount is based on the degree of impairment and the body part affected, following a schedule set by Missouri law.

• Permanent total disability (PTD): Provides benefits if the employee is permanently unable to work in any capacity due to their injury. This benefit is calculated similarly to TTD benefits but is intended for long-term or lifetime support.

• Death benefits: Paid to dependents of an employee who dies as a result of a work-related injury. This includes funeral expenses and financial support for the dependents.

Common Issues and Disputes

Several common issues can arise during the workers' compensation process:

1. Claim denials: Insurance carriers may deny claims for various reasons, including disputes over the cause of the injury, lack of medical evidence, or procedural errors. In such cases, it's crucial to review the denial reasons and provide additional evidence or documentation to support the claim.

2. Delayed benefits: There may be delays in receiving benefits due to processing issues or disputes over the extent of the injury. Contact the insurance carrier and the Missouri Division of Workers' Compensation to address delays and confirm timely payment.

3. Medical treatment disputes: Disagreements may arise over the necessity or scope of medical treatment. Employees have the right to seek a second opinion or request a change in medical providers if necessary.

4. Return to work issues: Challenges may occur when transitioning back to work, especially if modified duties are required or if the employee is unable to return to their previous job. Employers are obligated to accommodate reasonable work restrictions or modifications.

5. Fraud allegations: Allegations of fraud can complicate a workers' compensation claim. Employees should be honest and transparent about their injury and the impact on their ability to work.

Legal Representation and Resources

Working through workers' compensation claims can be complicated, and legal representation may be beneficial in certain cases. Consider the following resources:

1. Workers' compensation attorneys: Attorneys experienced in workers' compensation law can provide guidance on working through the claims process, handling disputes, and making sure that your rights are protected. They can also represent you in hearings or appeals if necessary.

2. Missouri Division of Workers' Compensation: This state agency oversees the workers' compensation system and provides resources and information for employees and employers. The Division can offer assistance with claim disputes and provide general guidance on the process.

3. Legal aid organizations: For those who can't afford private legal representation, legal aid organizations may offer free or low-cost legal services for workers' compensation matters.

4. Employee assistance programs (EAPs): Some employers offer EAPs that provide counseling and support for employees dealing with workplace injuries and the associated stress.

Appeals and Dispute Resolution

If your workers' compensation claim is denied or if there are disputes regarding the benefits provided, you have the right to appeal the decision. The appeals process typically involves:

1. Requesting a hearing: If a claim is denied, you can request a hearing before an administrative law judge. The hearing will review the evidence and arguments from both parties to determine the outcome.

2. Gathering evidence: Collect and present evidence, such as medical records, witness statements, and professional testimony, to support your claim.

3. Legal representation: An experienced workers' compensation attorney can represent you at the hearing can significantly impact the outcome, especially if the case is complicated or contested.

4. Appeal process: If you're dissatisfied with the hearing outcome, you can appeal the decision to the Missouri Labor and Industrial Relations Commission. Further appeals may be possible to higher courts if necessary.