Missouri Workers Compensation Attorney

Based In St. Louis and serving the entire State of Missouri

We are a workers compensation and personal injury law firm. With more than 15 years of experience handling workers compensation and personal injury cases, Jim Hoffmann knows that injured workers want straight and honest answers to their questions. I hope you find the following information helpful. If you don’t find the answers you need here, Contact Us to discuss your case or arrange a free consultation about your work injury claim.

What is workers compensation?

Workers compensation laws allow workers who are injured in the course of their employment to be compensated for their injuries without having to resort to a traditional lawsuit, or court proceedings. An injured worker does not have to prove that his or her employer was negligent, or at fault for the injury, only that the injury happened in the course of the workers employment.

I’ve been injured on the job, what can I do?

Whether or not the employer believes the injury is work-related, prompt reporting to the employer is necessary and required. Employees should ensure their rights to benefits by providing the employer a written notice of the injury, no matter how minor. To do that the employee must:

• Report the injury to your supervisor as soon as possible
• Tell your supervisor everything you can about the injury – what, where, when and how it happened
• Get prompt medical care for the injury
• Inform your employer about your medical condition and when you can return to work if the injury caused you to miss work

An employee who fails to notify the employer of a work injury within 30 days may jeopardize his or her ability to receive workers compensation benefits.

What is the period of limitations to file a claim for compensation with the Division?

Under Missouri workers compensation law, an employee must file a Claim for Compensation with the Division, within two years from the date of injury or last payment made on account of the injury by the employer or its workers compensation insurance carrier. The period of limitations is extended to three years if the employer/insurer does not timely file the First Report of Injury with the Division. Generally, the accident itself must be reported to the employer within 30 says. These are general rules and there are many exceptions. Therefore, it is important to consult with an attorney immediately even if it appears that these deadlines may have passed. Your employer generally will not do this for you and will not notify you of any deadlines to file a claim.

What is Missouri's Average Weekly Wage and Benefit Maximums?

The State Average Weekly Wage used to determine maximum workers compensation benefits for the fiscal year beginning July 1, 2009 and ending June 30, 2010 is...(read more)

What are the requirements for an employee to notify an employer about an accident or occupational disease before starting a workers compensation proceeding?

The law states that, with respect to any accident, an employee has to provide written notice of the time, place and nature of the injury, and the name and address of the person injured to the employer, no later than thirty days after the accident, unless the employer was not prejudiced by failure to receive the notice.

There is also a notice requirement for occupational disease or repetitive trauma injuries. The employee has to provide written notice of the time, place of injury, and the name and address of the person injured to the employer, no later than thirty days after the diagnosis of the condition, unless the employee can prove that the employer was not prejudiced by failure to receive the notice.

The employee can still file a Claim for Compensation with the Division within applicable statutory period of limitations. The Administrative Law Judge, Commission or the Court of Appeals would determine the issue on whether the employee provided the notice to the employer or whether the employer was prejudiced by failure to receive the notice, as required by law.

I was hurt at work and informed my supervisor about the injury. They refuse to file an injury report. Can they do this?

In Missouri, every employer or his/her insurer is required to file an injury report with the Division of Workers Compensation, within 30 days after knowledge of an accident resulting in personal injury to an employee. If the employer has coverage through an insurance company they have five days to report it to that carrier and the insurance company is then required to report the injury to the Division. The Fraud and Noncompliance Unit would investigate such a complaint either as an alleged premium fraud violation or as a violation of RSMo 287.381.1, depending on the reasons for the employer/insurer’s failure to report the injury.

Rather than Collecting Workers Compensation, May I bring a Lawsuit Against my co-employee?

Workers compensation is usually the only legal remedy for an employee injured or sickened in the course of employment. The public policy behind workers compensation envisions a bargain between employers and employees in which workers give up the right to sue their employers in court in exchange for the guaranty of workers compensation benefits. This reduces tensions in the workplace by creating a predictable method for resolving employer-employee conflict. Although workers compensation awards tend to be smaller than those in lawsuits, employees are not left without support during drawn-out court proceedings with unsure outcomes. There is an exception in Missouri allowing third party lawsuits. (read more)

Free Workers Compensation Consultations

Our lawyer has a strong history of helping injured workers get the medical attention and financial compensation that they need. Contact our St. Louis, Missouri workers compensation law firm to ensure that your rights are protected. Please call (314) 361-4300 or toll free at (888) 872-6795. You can also complete our Online Case Evaluation Form. All communications are returned promptly.