Workers Compensation Lawyer Blog

Under the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA), Missouri employers have the responsibility to  ensure that their workplaces are safe for their employees.

Unfortunately there continue to be many workplace-related injuries due to lack of training, experience, or supervision.

OSHA offers prevention information and safety training for employers so that they are up-to-date on standards and are in compliance with established safety and health laws. It is important that an employer is in compliance with these laws.

Since 2005 the number of workplace injuries and deaths have gone down, showing that these safety standards are being enforced and therefore providing safer working environments.

However, as was mentioned before, the risk still exists for workplace injuries. The Missouri Workers Compensation lawyers at the Law Office of James M. Hoffmann, can provide you with the necessary information to make the right choices so that you can receive the best medical care, benefits and income. Missouri Workers Compensation enables an injured worker to receive medical benefits as well as income benefits. You should be receiving treatment for ALL of your injuries, not just the ones the insurance company wants to accept. Do not let the carrier deny you benefits.

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. Based in St. Louis, and handling workers compensation and personal injury cases throughout the State of Missouri, our law firm will ensure that your rights are protected. Please call (314) 606-5870 or toll free at (314) 361-4300.

Workers Compensation Claim

The proposed workman’s compensation in the state of Missouri dictates that employers should provide insurance of worker’s compensation for those in their employment. Worker’s compensation insurance may come from any private insurance provider, or the employers themselves may provide the insurance. There are exceptions to these laws for certain individuals, like employers involved in construction, employers with less than 5 employees, and domestic workers. There are a host of benefits of these worker’s compensation laws, and these serve to protect employees and employers in various ways.

Medically, the “workers comp” dictates that a complete set of medical benefits is available to any employee that qualifies for workers compensation benefits. The employer then has the responsibility to choose a doctor that will provide medical care for his or her employees. For those that incur temporary total disability and partial disability due to occupational hazards, the employer must provide a certain percentage of the employee’s wage, and this may continue to be provided until a maximum of 400 weeks. For those that obtain permanent total damage, a percentage of the worker’s regular wage must also be provided for the entire duration of the injury. These benefits apply to injuries involving the disfigurement or damage to the head, hands, arms, neck, or any loss of limb.

In relation to the medical benefits, Missouri’s worker compensation laws also provide death benefits that are to be disbursed to an employee’s spouse and children, or both. These benefits are taken from a percentage of a worker’s regular wage. However it should be noted that a minimum benefit must be disbursed regardless of how much the worker was earning at the time of death. There may also be an allowance disbursed for the burial process.  Legal assistance may also be provided, however it must also be noted that the Missouri workers compensation laws must be limited to only 25%.

The Missouri Workers Compensation Laws also have what is called the Second Injury Fund. If you had a prior physical or mental disability before incurring an injury at work, you may be considered qualified to avail additional benefits from the second injury find. The objective of this fund is to urge employers to hire and keep in their employed workers with particular disabilities. There are certain nuances; however that must be taken note of. For example, those that incur permanent total disability, the second injury fund may be required to disburse a worker’s weekly benefits if and when the permanent total disability is a combined effect of the worker’s prior condition and the incurred injury. In cases of death, the second injury fund may also be required to disburse death benefits to the dependents of the deceased.

Remember that as a worker in the state of Missouri, you have the right to sue your employer if he or she did not obtain worker’s compensation insurance despite being required to. This is particularly important to remember if you have already incurred health damages, debilitation, and overall injury due to occupational hazards.

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 (888) 872-6795. You can also complete our Online Case Evaluation Form.

Missouri Workers Compensation

photo credit: Elvert Barnes