Workers' Compensation

  • On the Job Injury
  • Travel Injuries
  • Occupational Disease



We do not charge for the initial consultation. We only charge when we are
successful in obtaining a settlement, award or judgment. Our fee is 25% of
the amount recovered. 


Facts about Missouri Workers' Compensation:


1. Fault - One is entitled to workers' compensation benefits even if his or her
employer was not at fault or did not cause the injury, as long the injury is job
related. Thus, if the injury is your own fault you would still be entitled to
workers' compensation.


2. Medical Treatment - The employer's workers' compensation insurance is
required to provide all necessary medical treatment to treat your injury.
Thus, one is not required to pay any co pay or deductibles.


3. Weekly Disability Payments - The employer's insurance company is
required to pay you weekly benefits while you are unable to work because of
the work related injury. You will not be paid for the first three regularly
scheduled work days you are off, but you should be paid for the days missed
after. However, you will be paid for the first three days missed, if you are
off more than two weeks. You should not be required to use your vacation
pay or sick leave. The amount you received is 2/3 of the gross average
weekly rate of your income.

 

4. Second Injury Fund Claim - If you had a physical or mental disability
before you were injured at work, you might qualify for additional benefits
from the Second Injury Fund. The purpose of the Second Injury Fund is to
encourage employers to hire and retain employees who have disabilities. The
Second Injury Fund's liability can be substantial depending on the case. 


5. Social Security offset - If an injury is disabling for a period of 12 months
or longer then one might qualify for social security disability benefits. In this
case, there would be an offset that needs to be accounted for.


6. Disability Rating - One is usually given a disability rating by the company
doctor once released. This rating is often lower than it should be. Anyone
would be able to guess at the reasons for this. However, it is important to
note that one does not have to accept such rating. 


7. Travel - Injuries related to on the job travel are usually covered.


8. Time limit - The statute of limitations for filing a workers' compensation
claim is two years from the date of injury. Thus, if the claim is not timely
filed then your right to relief is lost.


9. Retaliatory firing - There are severe consequences for an employer who
terminates an employee for filing a workers' compensation claim. These
laws protect the employee against the wrongful conduct of the employer.