Missouri Workers Compensation Benefits
Based in St. Louis and Serving the Entire State of Missouri
You do not have to be involved in a terrible accident to claim workers compensation benefits. Your injury could be a severe back strain from lifting a heavy object, a cumulative injury from repetitive tasks or an illness related to chemical exposure.
At the Law Office of James M. Hoffmann, we understand the complexities of Missouri workers’ compensation laws and will always take the time to explain the entire work comp process. We will help clients file the initial claim and represent them at all subsequent hearings. Together, we will work to secure the full benefits you deserve.
What are the benefits for an injured worker through workers’ compensation?
If you have been injured, it is possible that you are entitled to workers compensation. The laws passed by the state of Missouri require that your employer, or your employer’s insurance company, compensate you or your family for injuries or death that may occur while you are working. Here are the benefits you may be entitled to:
- Medical Care Benefits: This benefit includes all costs for authorized medical testing and treatment, prescriptions and medical devices. There are no deductibles or co-pays.
- Salary Compensation: You may be eligible for temporary wage compensation in the form of a weekly check until the doctor says you are able to return to any form of work and not merely the job you were doing at the time of the accident. You may also be eligible for benefits if you return to work on light duty at less than full pay.
- Temporary Total Disability: If the treating doctor certifies that you are unable to work, you should be entitled to temporary total disability benefits under the Missouri Workers Compensation Law when you are off work.
- Permanent Partial Disability: If you are unable to return to work after your injury, you may be entitled to a settlement or payment for your permanent partial disability if you have permanent disability as a result of a covered accident or injury.
- Permanent Total Disability: If you are permanently and totally disabled from all types of employment, you may qualify for permanent total disability benefits under the Missouri Workers Compensation Law.
- Missouri Second Injury Fund: The Second Injury Fund is designed to compensate an injured employee when a current work related injury combines with a prior disability to create an increased combined disability.
- Death Benefits: If the work injury or disease results in death, the workers’ dependents may be entitled to a weekly check. The right to workers compensation death benefits is usually created by state laws and details of the program vary among the states.
- Third Party Claims: If you are injured on the job, you have an absolute right to workers compensation benefits. Workers Comp will not compensate you fully for your losses. However, you may also be able to get full compensation by pursuing a third party claim – a personal injury claim against someone other than your employer.
- Social Security Benefits: Seriously injured workers should also consider applying for social security disability insurance or supplemental security income benefits and possibly disability retirement.
Free Workers Compensation Consultations
Our legal team 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 (314) 361-4300. You can also complete our Online Contact Form.
All communications are returned promptly.
Online Case Evaluation FormFrequently Asked Questions About Missouri Workers’ Compensation Benefits
What types of injuries are covered under workers’ compensation in Missouri?
Workers’ compensation covers a wide range of injuries, from acute accidents like falls and machinery-related injuries to cumulative injuries such as carpal tunnel syndrome from repetitive tasks. Illnesses from work-related chemical exposures are also covered.
How long do I have to file a workers’ compensation claim in Missouri?
In Missouri, you generally have to report your injury to your employer within 30 days and file a formal workers’ compensation claim within two years from the date of injury or the last payment of compensation, whichever is later.
Do I need an attorney to file for workers’ compensation benefits?
While not required, having an experienced workers’ compensation attorney can help navigate the complexities of the claims process, ensure your rights are protected, and improve your chances of securing the full benefits you’re entitled to.
What should I do if my workers’ compensation claim is denied?
If your claim is denied, you have the right to appeal the decision. An attorney specializing in workers’ compensation can help you understand the reasons for the denial and guide you through the appeals process.
Can I see my own doctor for a work-related injury?
Missouri law generally allows your employer or their insurance company to choose the healthcare provider for work-related injuries. However, there are exceptions, and you might have the right to select your doctor in certain circumstances.
Are mental health conditions covered under workers’ compensation?
Yes, mental health conditions that are directly related to a work-related injury or trauma may be covered under workers’ compensation in Missouri. However, these claims can be complex and may require substantial medical evidence to support.
If I’m unable to return to my previous job due to my injury, what options do I have?
If you’re unable to return to your previous job, you may be eligible for vocational rehabilitation services to help you return to suitable employment. Additionally, you might qualify for permanent partial or total disability benefits depending on the severity of your condition.
How are workers’ compensation benefits calculated in Missouri?
Benefits are typically calculated based on your average weekly wage, the severity of your injury, and the type of disability (temporary or permanent, total or partial). Specific formulas and caps may apply depending on your situation.
Can I receive workers’ compensation benefits if I’m working a part-time job?
Yes, part-time workers are generally eligible for workers’ compensation benefits in Missouri. However, the benefits may be based on the wages earned from the part-time employment.
What is the Missouri Second Injury Fund?
The Second Injury Fund compensates injured workers when a current work-related injury combines with a prior disability, resulting in a greater overall disability. It’s designed to encourage the hiring of workers who have pre-existing conditions or disabilities.
Workers Compensation Benefits Missouri
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