Workers Compensation Lawyer Blog

Why Injury Reports Are so Important After an Accident at Work

August 5, 2019 By James Hoffmann Leave a Comment

If you have been injured on the job, it is extremely important that you report your accident to your supervisor or employer as soon as possible.

After you get injured on the job, Missouri law states you must inform your employer in writing and mention the following details:

Date, time and place of the injury
The nature of the injury
Your name and address

Your employer should have copies of the official form in their office, but if they don’t, you can use the online version here. Then, it is the employer’s responsibility to file the First Report of Injury with the Missouri Division of Workers Compensation.

Here is how the process generally goes.

What’s on You

By law, you are required to fill the official form within 30 days of your injuries. If you miss the mark, you may no longer be able to file for workers comp benefits.

The form contains all the relevant information you have to provide. Before you send in the form, you should make a copy of it for safekeeping, and keep a record of the date you mailed it. You also have the option of hand delivering the form to the employer, in which case you should also clearly record the date and time you handed it in, as well as the name of the person who received it.

Though on the form you don’t need to go into a lot of details about your injury or accident, there are some golden rules to consider:

Don’t exaggerate your injury
Be as specific as you can
Tell the truth

This step is incredibly important, particularly in the event the form gets lost or your employer does not inform the division of your injury, which could potentially impact your benefits. You can call the Division directly to check if your injury has been reported.

What’s on Your Employer

Your employer generally must inform the worker’s comp insurance carrier within a maximum five days from the day of the injury if they are aware of it, or within five days of the date the worker reported the injury.

Then, the injury must be reported either by the employer or the insurance company to the Division within 30 days of gaining knowledge of the injury. This is called the ‘First Report of Injury’ which can be filed electronically.

As a worker, you can check if your injury has been reported to the Division sooner, but if the report is not sent within 30 days, you can inform the Division and they can step in to handle your claim.

Speak with an Experienced Workers Compensation Lawyer

If you have been injured at work, ensure your legal right to compensation is protected by getting in touch with St. Louis workers comp attorney as soon as possible. Small mistakes can hurt your claim and get it dismissed, and after that, it may be a lot more difficult to restart the process and get compensated. Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.

Finger Amputation After a St. Louis Work Injury

August 1, 2019 By James Hoffmann Leave a Comment

Finger amputations can be devastating because they are often not just a physical injury, but they can also take an emotional toll on you as you struggle to adjust.

st. louis man turning on industrial machine

An estimated 50,000 amputations occur every year in the USA, and the most common form is finger amputations. Though there are many things that may lead to it, a lot of American workers are exposed to higher risks because of their working environment.

Those operating heavy machinery or sharp objects can, unfortunately, experience it. However, they generally have the right to workers compensation if they do.

Understanding Your Injury

In short, a finger amputation involves severing one (or more) fingers or thumbs. Most often, it is caused by direct trauma to the hand, either as a result of direct amputation or later because of other medical complications.

In some cases, severed fingers can successfully be reattached to the hand if you get to the hospital in time. However, if you are left with an amputation, studies, unfortunately, show your troubles don’t end there.

Amputation victims may struggle to figure out how to conduct daily activities, need to find a new job, or even develop mental health issues as a result of their trauma. Finger amputations could potentially force you to change your entire life.

What Are You Entitled to?

Missouri workers have a right to workers comp if they get injured at their job. However, there is no mention in the law of how much an injured worker may get as a result of their injuries.

The amount of benefits is generally established based on:

In Missouri, you can either opt for weekly lifetime payment or a lump sum. For the first option, you will get weekly benefits or reimbursements for all eligible costs for the injury, while a lump sum will allow you to get the entire negotiated benefits in one or two transactions.

Those who are forced to change their employment as a result of their amputation often opt for the lump sum option to have some financial security while they get their life together. However, you should know that in a lump sum negotiation it’s almost impossible to figure out the true cost you’re entitled to, so it’s possible to get less than you should. You should discuss your options with an experienced St. Louis workers compensation attorney.

What Should You Do?

Though you are not legally required to, it is in your best interests to reach out to an experienced attorney if you suffered a finger amputation as a result of your job. This way, you have a much better chance of getting a fair settlement for your injuries. Additionally, a lawyer can also recommend other financing programs you may be eligible for, such as disability benefits.

Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.

Two Reasons Your Workers Comp Claim May Be Delayed

July 30, 2019 By James Hoffmann Leave a Comment

Getting injured on the job is a stressful event, especially if the resulting injuries prevent you from going back to work and earning a living.

Not to mention, you have to worry about paying your medical bills and other expenses associated with your condition. Workers compensation benefits are meant to help the injured employee sustain himself and his dependant family members throughout the ordeal, and keep them financially safe until they can get back to work (if they can.)

It is understandable that a delayed workers comp claim is a very stressful situation, especially when it is the only way the worker can pay his basic expenses. But delayed claims do happen for various reasons, and it is important to know what to do if that happens to you.

Reasons for Delayed Workers Comp Claims

First of all, it is important to know why your workers compensation claim is delayed in the first place.

Investigations

In some cases, the incident leading to your injuries must be investigated, and this can take a long time if evidence is not easy to find, or there are no witnesses and footage of the event. There is not much you can do to help the claim move faster, except fully collaborate with the investigators and provide any information they may need.

The Insurance Company Is Dragging the Case

This may sound cynical, but insurance companies can go a long way to make sure their client (your employer) gets out of this without having to pay or without suffering an image prejudice. They might do everything in their power to stall the claim, in the hopes that you will eventually get tired of fighting and give up.

What Can You Do If Your Workers Compensation Claim Is Delayed?

The best thing you can do to deal with this situation is to do everything you can to make the process move faster. Unfortunately, you cannot control how the insurance company acts, but putting all your effort into what depends on you should have good results.

That means going to the doctor as quickly as you can, talk to witnesses early in the claim, and file official, written complaints and reports to your employer, the insurance company, and authorities that are involved in your case.

According to Missouri workers comp law, you must report your injury within 30 days from its occurrence. This consists of a written note addressed to your supervisor or other superior and a clear description of what happened and how the incident affected you. Filing a workers comp claim (which is different from the initial report) should be done within 2 years from the occurrence.

From the moment you are injured, it is you versus an insurance company with billions of dollars at their disposal. To ensure your legal rights are protected right from the start, hire an experienced St. Louis work injury lawyer who understands how the system works and the tricks insurance companies might try to pull. An experienced workers comp attorney will know how to approach these situations. Give us a call 24/7 for a FREE and private case evaluation. Call (314) 361-4300

Why Your Claim May Be Denied Even If You Have Lifetime Coverage Under Workers Comp

July 30, 2019 By James Hoffmann Leave a Comment

Workers compensation laws are a fairly complex piece of legislation, and it can be very difficult to go through them without a broader understanding of the legal system.

man upset after workers comp benefits are denied

When you apply for workers compensation benefits, you may be asked to make a very important decision: settle the claim or keep lifetime medical coverage. However, without knowing the pros and cons of both of them, many workers can end up making the wrong decision.

What Are Your Options if You Are Injured?

When you get injured at work and file for workers compensation, you can either receive a full settlement in a lump sum or opt to retain your lifetime medical coverage.

The process is faster if you opt for the lump sum. Once the settlement is decided, you get to decide how to spend it. So, you do not have to wait for approval from the insurance company, and may even get to see any doctor you want. However, this option also implies giving up your lifetime medical coverage.

If you opt for lifetime medical benefits, however, you get coverage for all your treatments, without having to worry about co-pays or deductibles. Missouri law states your worker’s comp insurance will cover the cost of your treatment.

However, you will have to get approval from the insurance company before any treatment you get, and you’ll most likely have to see a doctor they choose. Missouri law states your employer and insurance companies have a right to choose your physician, though they are not allowed to choose or influence the course of treatment.

Can Your Claim Be Denied with Lifetime Medical Coverage?

Yes. By opting for lifetime medical coverage, you will need approval from the insurance company at all stages of your treatment. Essentially, this also means the insurance company will analyze your case every time a new request is made to see if what you are asking for is relevant to your case or not.

With lifetime medical coverage, you have a permanent burden of proof. In a lump sum, the insurance company does not care what you do with the money once the settlement is decided. But in the context of lifetime coverage, they take a much more hands-on approach. As a result, it is possible for a claim to be denied if the insurance company considers the treatment to be irrelevant or not necessary.

What Can You Do?

Just because the insurance company denies the claim, it does not mean you have no other choice but to cover the treatment yourself. If you work with an experienced St. Louis workers comp lawyer, they can help you gather evidence to show your treatment is necessary, begin negotiations, and protect your legal right to compensation.

Give us a call 24/7 at (314) 361-4300 for a FREE and PRIVATE case evaluation.

Working Two Jobs, Injured On One: Can I Get Workers Compensation?

July 29, 2019 By James Hoffmann Leave a Comment

If the employee is unable to work at the second job as a result of the injury, the Second Injury Fund will cover the second job wage loss.

Roughly 5% of Americans hold more than one job according to the Bureau of Labor Statistics. The actual number may, in fact, be a lot higher, as many people take off the books second jobs or partake in the gig economy jobs like driving for Uber or other similar activities.

Since it’s a reality for so many people, the issue of workers’ compensation can often come up. By law, injured workers are entitled to receive part of the wage they lose because of their recovery. But when you’re working two jobs, and only one got you injured, does that law still apply?

Understanding the Law

Workers comp in Missouri will cover the cost of your medical treatment, and partial reimbursement of any salaries you lose if you also need to take some time off. But for people who work two jobs to make meets end, taking time off work doesn’t seem like an option.

However, you should know that under Missouri law, you can also receive partial lost wages from your second job, even if your injury has nothing to do with your second place of employment. For instance, let’s assume you work as a mechanic during the week and have another job as a cashier at a local store during the weekend. One time, you have to pick up a rather heavy box and you injure your back. The doctor recommends bed rest for at least one month. So, what happens next?

Your worker’s comp insurance coverage from the mechanic will cover your treatment needed for your back, and give you partial lost wages. But by law, you also get partial lost wages from the salaries you would have gotten from the store. These benefits will not be covered by your second employer, but by the Missouri Second Injury Fund which also accounts for injured workers with multiple places of employment.

How to Get Benefits from the SIF

If you want to get benefits from the SIF, then you will have to file another claim, separate from the worker’s comp claim you make directly with your employer. Only you, the injured worker, your St. Louis workers compensation lawyer or your legal dependent can file this claim, and it must be sent directly to the Missouri Division of Workers Compensation.

Then, the division will analyze the case and decide if and how much you should get for your secondary lost wages.

What Should You Do?

As you may already suspect, this situation can put you face to face with two legal processes unfolding at the same time: the worker’s comp claim with your employer, and the SIF with the state division. Because of this, it’s almost imperative to seek the help of an experienced St. Louis work injury attorney. Both these processes have unique steps you must follow, and a lawyer can ensure no mistakes are made with either.

For a FREE case evaluation, give the Law Office of James M. Hoffmann a call 24/7 at (314) 361-4300.

Can My Employer Require Me to Use My FMLA When I Am Injured at Work?

July 17, 2019 By James Hoffmann Leave a Comment

Your employer cannot force you to take time off work under FMLA if there is a qualifying and valid workers’ compensation claim.

Injured workers in Missouri have the legal right of filing a workers comp claim to cover the medical costs of any injury or illness they sustain as a result of their work. Additionally, workers in Missouri also have the right to unpaid leave under the Family Medical Leave Act. While they have some similarities, there are some key differences between the two.

Workers Comp vs. FMLA

Workers compensation is a state-run program. In Missouri, companies with a minimum of five employees must provide their workers with insurance that covers potential injuries or illnesses they sustain while at work, or as a direct result of their work environment. For the construction industry, employers with one or more employees must carry workers compensation insurance.

Under workers comp, you could receive coverage for:

The full cost of your medical treatment (medications, procedures, etc.)
Partial lost wages (roughly 70% of your total lost wages)
Future treatments you may need

FMLA, on the other hand, is a federal act that says every worker in the country, including those in Missouri, have the right to take protected leave from work for some reason, including injury. You can take up to 12 weeks of unpaid leave during a 12-month period.

If you take FMLA, your job is protected, and at the end of your leave, you can return to your place of employment at your original position or an equivalent position.

While they both allow you to take time off work, you can spot some key differences between the two. The main one involves covering the costs of your medical treatment. If you sustain an injury at work and are eligible for workers comp, then these benefits will help pay for your treatment.

However, if you get injured outside of your work, like in a car accident, you are not eligible for workers comp. You can take some time off under FMLA to recover, but you are not compensated for your medical costs, nor are you reimbursed for any lost wages.

Can You Be Forced to Take FMLA for a Work Injury?

Technically, your employer may count the days you miss off work due to a work injury as an FMLA leave. However, if you qualify for workers comp, then legally you have a right to work leave as long as your doctor recommends it. It is important to understand that your employer cannot force you to take time off work under FMLA if there is a qualifying workers’ compensation claim.

If your treating physician puts you on bed rest, for instance, your leave falls under workers comp laws, not FMLA. If you are not required to miss work but want some time to recover anyway, you can benefit from unpaid leave from FMLA.

Contact a St. Louis Work Injury Attorney

If you have been injured at work and have any questions at all regarding your case, contact the Law Office of James M. Hoffmann. For more than 25 years we have been helping injured workers receive the benefits they and their family need and deserve. Call us today at (314) 361-4300 or fill out our online case evaluation form to request a free consultation.