Have You Experienced a Work Injury in Missouri? Know Your Rights.
If you have experienced a work-related injury in Missouri, you may be asking, “What are my rights?”
You can make a claim for workers’ compensation if your company is located in Missouri, whether the injury occurs in Missouri or outside of Missouri, or if you are an employee from a company located in a different state but was injured while working in Missouri; or if your contract of employment (i.e., temporary staffing work) was fully completed within the state of Missouri, regardless of where the employer sends you to work (i.e., a nurse hired by a Missouri temp agency that sends you to Boston for nine months to train nurses at a new hospital).
You will not find a better attorney in St Louis. Call him if you are hurt at work and need to file a workers compensation case. He does the toughest denied medical and wages cases and he gets the biggest injury cases sent to him from other workers comp lawyers. This law firm gets all the major cases. They are that good.
Several of the big TV law firms advertised for workers compensation. Called them but was not impressed. Then I called attorney Hoffman because of his reviews and am so glad we did. Night and day difference. Extremely competent lawyer!
Love my workers compensation law firm. Highest work injury awards in St Louis. The reviews are 100% correct.
And used Mr Hoffman's Law Firm for a workers compensation claim. All the firefighters use him said he gets the highest work in injury Awards.
This lawyers is simply the best you will find for work injury claims. Best choice for workers compensation attorneys.
Exceeded our expectation. Incredible lawyer for work injury claims he will file and litigate the workers compensation claim walk you through the process and fight for treatment and the final award gold medal effort.
You are a great attorney! Thank you.
Bunch of Ford employees recommended Mr Hoffmann for workers compensation claims. Said he handles all the union workers who get injured at the plant.
My cousin was injured in a work accident so we had to interview all the “top workers compensation lawyers” in Saint Louis. This lawyer was clearly on another level.
This workers compensation lawyer gets a perfect 10. Fights hard for injured workers and he wins. Walks you through the entire process. He is also a great person.
I agree with the reviews. This lawyer is in a different league from other workman’s compensation lawyers. He does all the massive injury cases in Missouri.
Response from the owner: Thank you Jennifer. We just went to trial for a disputed total knee replacement. The work comp doctors always allege the knee replacement is due to pre-existing arthritis yet my client has no prior knee pain, no prior limitations, no prior treatment. He had a 60 year old knee that had natural degenerative changes, but he was pain free. In the word "arthritis", itis means inflammation and pain, neither of which my client had before the injury. The itis started with the work injury. It takes 90 days for a ruling. Law Office of James M. HoffmannSt. Louis, MO car accident and workers compensation lawyer314 361 4300
Phenomenal experience with the Law Office of James Hoffmann. He is know as the best in workman’s compensation and I can tell you he is. Great team. Answered all questions, was available and is brilliant.
5 StarsThese reviews are correct. This attorney is incredible. He knows workmans compensation, fights for denied treatment and wages, and gets your on the job injury rated by the best doctors. I will be using him from here on our great experience.
Great person. Even better lawyer. Thank you Mr. Hoffmann for being so good at workers compensation. Getting hurt at work is frightening. That went away as soon as we spoke. Bless you!
Re: Law Office of James M. HoffmanThe Law Office of James M Hoffmann was referred to me from a previous client, that was extremely impressed, with his service and outcome.I met with Jim Hoffmann to discuss a car accident. Three cars were involved, my car was totaled, and I was seriously injured. After meeting with Jim the very first time, I immediately felt comfortable, and knew that he would have my back, and would fight for me.Throughout my journey, I dealt with a lot of pain and several issues that lasted for years. During this time I had to contact Jim and Jamie (Jim’s wonderful assistant) many times. Every time I sent an email with questions, I received feedback extremely quickly!I feel Jim negotiated a great settlement for me!The Law Office of James Hoffman will be the first place I contact if I ever need his help again!Suzanne Charles
Response from the owner: Thanks Suzanne. Over the past 25 years, we are proud to help families through injuries from car accidents and work accidents in Missouri. James HoffmannSt. Louis, MO auto accident and workers compensation lawyer314 361 4300
This law firm handles the biggest workers compensation cases. Biggest cases require the best. This is it in St Louis. Everyone you call says the same thing that Jim Hoffmann is the best in Missouri and consistently beats the biggest defense lawyers and defense doctors and gets the highest awards.
The workers compensation doctor said to hire this attorney because he is the best to put towards the task of making sure I’m accurately represented and assured he would not give up in my time of need. This attorney is great and I would recommend them to any and everybody.
Response from the owner: Thanks Shane. I have fought for 1000's of injured Missouri workers and car accident victims. Workers compensation doctors and insurance adjusters have hired me to represent them, all saying "you fight for your clients." I hire experts. I take depositions. I try cases. The insurance adjusters know who settles cheap to meet big advertising bills and who fights for their clients. Glad to say I am a fighter.Jim HoffmannMissouri workers compensation and car accident attorney314 361 4300St. Louis, MO
Workers comp claim in the Missouri division of WorkersCompensation? Get this lawyer. Simply better than all the rest.
Higher this workers compensation lawyer. no question about it top notch.
Every lawyer we spoke to said call this law firm for very serious worker’s compensation claims. They do the biggest workplace injury and death cases.
Response from the owner: Thanks Dylan. Here are a few things injured Missouri workers should immediately after the injury: report the injury in writing; if the employer says that he/she will fill it out and refuses to let you fill out the injury report, you can prepare a letter about what happened and give it to your boss (keep copies and date it!); ask for treatment: just telling your boss that your back is hurting isn't good enough; say "my back is hurting from breaking up concrete and I'd like to see a work comp doctor:; if your boss refuses, give your boss a letter confirming that you reported a back injury, asked for treatment, and it was refused; when you see the work comp doctor and the front desk gives you intake sheets that don't ask all of the necessary questions about what happened and only what x's and o's: just write anything anywhere you want to so that you explain how you go hurt and what body parts are hurting; on the body chart, circle your low back and write "back pain that shoots down my right leg"; if your employer gives you work that exceeds the light duty restrictions, refuse to do that work and give your boss a letter confirming what has transpired (date it and keep copies); when the work comp doc releases you in pain and blames a pre-existing condition even though you had no prior pain, no prior treatment and no prior limitations; give that doctor a letter :"Dr. No: to confirm, I am very upset that you are releasing me and sending back full duty despite ongoing pain from my work injury. My back pain is still a 4-7/10; it wakes me at night; and light duty was making it worse. You said I've healed from my injury and any ongoing issues are due to pre-existing arthritis. I told you I had no prior pain; no prior treatment; and no prior limitations. All of my pain, treatment, and limitations started with my work injury and have never resolved. If my back gets worse at work working full duty, I will hold you personally responsible."
This law firm does Workers Compensation. The head lawyers, James and Remy, really know their stuff on workplace injuries due to a work accident on the job. Injured employees is all they represent.
Response from the owner: Thank you Heather. We represent injured workers and injuries due to car accidents. We frequently retain experts, such as orthopedic surgeons, neurosurgeons, pain management doctors, vocational experts, life care planners, and others to fight for our clients as expert witnesses in court.We represent people across the entire state of Missouri from St. Louis to Kansas City, from Joplin to Kirksville, from Columbia to Kennett. Neck fusions, lumbar fusions, cervical disc replacements, lumbar disc replacements, shoulder replacements, knee replacements, meniscus tears, rotator cuff tears, ankle fusions, loss of limb, paralysis, and death, we have helped many workers and families recover compensation either by settlement or by trial.James Hoffmann, attorney2001 S. Hanley, suite 325St. Louis, Mo 63144314 361 4300
This lawyer is a workers compensation machine. Fights for injured workers hurt on the job and denied medical after a work accident.
Response from the owner: LexiWriting a proposed award for an upcoming work comp trial for an injured Missouri worker. L4-S1 lumbar fusion with plates and screws. Pursuing permanent and total disability plus denied medical. Here is the case law on denied medical in MO workers compensation:The employer is held liable for medical treatment procured by the employee only when the employer has notice that the employee needs treatment, or a demand is made on the employer to furnish medical treatment, and the employer refuses or fails to provide the needed treatment. Hawkins v. Emerson Electric Co., 676 S.W.2d 872, 880 (Mo.App.1984).The courts have consistently held that an award of past medical expenses is supported when the employee provides (1) the bills themselves; (2) the medical record reflecting the treatment giving rise to the bill; and (3) testimony identifying the bills. Martin v. Mid-America Farm Lines, Inc., 769 S.W.2d 105, 111-12 (Mo. 1989). The pertinent case law requires employee to prove that the past medical expenses were “due” to support an award of interest. McCormack v. Stewart Enters., 956 S.W.2d 310, 314 (Mo. App. 1997). As explained in McCormack, this means employee must show that he actually paid the bills, or received demands that he pay interest on the bills, or suffered some other loss, such as a doctor refusing to provide additional treatment until employee paid his bill. Id.
Great attorney to work with. Work injuries and workers compensation is his specialty. Known as “the best” and that is 100% accurate.
Response from the owner: Thanks DJ. When the workers comp doctor treats you for an on the job injury, releases you still in pain, and then blames pre-existing arthritis as the cause of your ongoing knee, hip, shoulder, or back pain, make that doctor answer these questions: Please explain why you allege pre-existing arthritis when, before the injury, I had no knee/neck/shoulder pain; I had no limitations at work; I sought no treatment; I enjoyed xyz activities. All of my pain, my limitations, my need for treatment. started with the work injury and my pain has never stopped. Then say "let's look up the definition of arthritis": arthr means joint and itis means inflammation and pain... I had no inflammation or pain before the work injury. I may have had natural degenerative changes in my joints, but I had no pain, no limitation, no treatment. All of my pain and inflammation started with the work injury.
Found this workers comp attorney on Google for a friend in St. Louis. Great reviews. This lawyer was by far much better than the others we interviewed. This was a bad injury and Mr. Hoffmann got him payments for life.
Response from the owner: Missouri work comp law mandates compensation for either partial disability (PPD) or permanent total disability ( PTD). Employees who can no longer work seek PTD which is either a lump sum by settlement or, if the parties cannot settle, then a trial a weekly check for life is sought, plus back pay and future medical care.
This lawyer does complex workplace injury cases resulting in total disability. If badly hurt at work, this is the attorney to hire for your workers compensation claim. You don’t get a second chance! Hire James!
Response from the owner: Thanks Angela. You are correct. You get one chance to win. Injured workers from across Missouri have hire me to represent them. Joplin, Springfield, Cape Girardeau, Kennett, Fenton, Kansas City, Poplar Bluff, St. Louis, Moberly, Kirksville, Columbia, Chillicothe, Sedalia, Moberly, St. Joseph, Nevada, Neosho, West Plan, Sikeston and other Missouri residents have hired me for their work comp or car accident case. Permanent total disability claims are life changing. Your attorney needs to hire experts and be thoroughly prepared for trial. Law Office of James M. Hoffmann314 361 4300
Great workers comp lawyer. I recommend this lawyer for anyone injured at work and having to file a Work Comp claim. He is in St Louis and does cases all over Missouri. He fights for you and Workers Comp claims are a fight.
A workers compensation judge told me to hire this lawyer for a relatives work comp claim. He was right, this lawyer is great.
Response from the owner: Thanks Hadleigh. I've handled 100 plus trials and 1000's of injury claims for injured workers over the past 25 years across the entire state of Missouri. Unlike these large law firms with their silly ads and their monthly settlement quotas, I hire experts and try cases. I've represented Missouri workers comp claim adjusters and insurance company doctors because they know I fight for injured workers.Gold blessJames Hoffmann, attorney314 361 4300
Work injury cases need a great lawyer who will fight to get treatment and pay. This lawyer does it. Most do not. He also gets you rated. Most lawyers do not. Best lawyer for Workers Comp in St. Louis.
Response from the owner: I appreciate your kind words ReAnna. I do not hesitate to hire experts for reports from pain management doctors, shoulder specialists, back specialists and life care plans for catastrophic injuries. If a biased work comp doctor releases my client too early and my client wants more treatment, we send the injured worker to our docs for opinions on additional treatment. Whether the injuries are work comp or a car accident, we spend a lot of money on expert witnesses.Law Office of James M HoffmannSt. louis, MO injury attorney314 361 4300
Great service use Hoffman a few back
Response from the owner: Proud to be representing injured Missouri workers and car accident victims for over 25 years. The law firms advertising bigger is better is a bunch of crap. Being in Missouri courts for 25 years, trying cases for 25 years, and taking 1000's of expert depositions for 25 years makes you a good lawyer.James HoffmannMissouri personal injury and workers comp lawyer.314 361 4300
James Hoffman has done a great deal of work for me since my accident and he's been working very hard to get me back on my feet he fights for his clients and I very well appreciate him.
Response from the owner: Thank you Gladys. It is my passion to fight for the injured in Missouri. You suffered severe injuries requiring surgery. Insurance companies think injury claims are a game but its not. People have bills to pay and family to provide for. Unlike the "big" law firms that settle cheap to pay for advertising costs, I hire experts and try cases. God bless.
Mr. Jim Hoffman is the best Lawyer in Mo, If I just can give him a 10 star out of 5 I will give him a 10 star, They are the greatest.
Response from the owner: Very kind of you Sonya. Both workers comp and car accident insurance companies like to play the game of blaming pre-existing degenerative changes even though someone had no prior pain, no prior limitations, and no prior treatment to the body part at issue. This happens a lot with back injuries such as herniated or ruptured lumbar and cervical discs that require a fusion or disc replacement surgery. I have developed an extensive cross examination of the insurance company experts to expose their flawed opinions. Glad to fight for the injured.Jim HoffmannSt. Louis injury attorney314 361 4300
amazing service, got my speeding ticket (which was over 40) down to a parking violation.
Response from the owner: Car accidents, work comp, and other injury claims in Missouri are my specialty. But, glad to help anyone in need. If I don't practice in the area, such as discrimination or medical malpractice, I will refer only to the best attorney's who I know and trust.
Does great with Workers Compensation cases in Saint Louis, MO area.
Response from the owner: Work comp and car accident cases in Missouri for over 25 years. We have sued trucking companies for wrongful death. Our clients have undergone lumbar/cervical fusions, shoulder surgeries,knee surgeries, hip replacements, carpal tunnel, ankle replacements.. we know injuries. We hire experts. We try cases.ThanksLaw Office of James M Hoffmann314 361 4300
Jim is the one you should choose if you are looking for a good relationship with your attorney. He is there to answer questions and gets you what your case is worth.
Response from the owner: Thank you Edward. Missouri workers compensation has become a battle ground. The insurance companies have taken over Jeff City and the laws are become more employer/insurer friendly. We hire experts, take a lot of depos, and try cases every year. Missouri injury claims are our speciality. Jim Hoffmann
Everyone on staff is incredibly polite and always ready and willing to help. I had several questions along the way through out my case and Jamie was always there to get my questions answered. With the efforts of Mr. Hoffmann and his staff I had a very favorable result and they took great care of my case. I had the pleasure of meeting Mr. Hoffmann and he truly is a "salt of the earth" kind of guy. 10/10 Would recommend to anyone in need of these services!
Response from the owner: Thanks Danielle. Whether a work comp case or a car accident injury, people need an injury lawyer to battle the insurance companies. Adjusters claim they are not trained to deny claims, but when deposed they admit to profit sharing retirement plans: more they deny means more profits they share. Thank you for your confidence in my practice. Glad to help those injured in Missouri.Jim Hoffmann
James law office he is a good lawyer to represent you when you need a lawyer when you get hurt on the job. Jamie his secretary does an outstanding job for his to anybody.
Response from the owner: Fighting insurance companies for injured workers is our passion. Across the state of Missouri, we represent those hurt on the job. Work comp insurance companies are nothing but bullies to injured employees. Thank you for the kind words Jerry!
I was injured at work, Mr. Hoffman and his team handled my case. I was very pleased with them. Very nice, when I called I always got help or a call back with answers to my questions. I also meet Mr. Hoffman, it wasn’t an associate. He greeted me on my first visit and when I went to receive my settlement, he talked with me, and thanked me.
Response from the owner: Missouri workers compensation recognizes both acute and repetitive use on the job work injuries. And, even if you have prior degeneration in a joint, that doesn't mean that the joint cannot be hurt. Be clear with the work comp doc if you had no prior issues and that all of your pain started with your job duties.
Excellent attorney and his staff is amazing. They listen, communicate very well, and are patient, kind, extremely knowledgeable, and understanding. Best of all, they get things done!! Highly recommend for anyone dealing with a worker's comp case.
Response from the owner: Thank you. It's our passion to fight for the injured Missouri worker. Across Missouri we have helped 1000's of employees injured on the job in areas such including Kansas City, St. Louis, Springfield, Cape Girardeau, and Hannibal. Work comp and car/truck accidents are our specialty.Law Office of James Hoffmann2001 S. Hanley 63144314 361 4300
Jim has represented me and my son. We were extremely pleased with the entire experience and outcome.
Response from the owner: Thank you Dave. Glad to help anytime!JimLaw Office of James M. HoffmannBrentwood, MOPersonal Injury and Work Comp
You’re not a number, you’re a person.Jim treats you like family. He doesn’t treat you like a paycheck.There’s a reason why he’s so highly rated.
Response from the owner: Thank you Mike. I don't like insurance companies. They bully people in an effort to pay as little as possible. Glad to lead the fight. Injuries can be life changing and fair compensation should be paid.
If you're looking for a good lawyer who knows what he's doing and has many years experience in workers comp, Jim is the lawyer you want to hire. I've dealt with him for many many years and he is a good person
Response from the owner: Thank you. It's our job to fight the workers comp adjusters for injured workers across Missouri. 100% you need a work comp attorney as the employer/insurer have a lawyer from day one.Law Office of James M Hoffmann314 361 4300
Love this lawyer. Great for work injuries if you file a workers comp case in St. Louis.
Response from the owner: Thanks Sophia and apologies for the late reply. This just popped on my screen to reply to. Injured workers need a lawyer. Fighting alone against an insurance company, the insurance company lawyer, the employer, and the insurance company doctors is an impossible battle for an injured employee. The insurance company will schedule FCE, functional capacity evals, which are not allowed. The adjuster will schedule neuropsych evals which are not allowed. Insurance doctors will blame ongoing pain and limitations on pre-existing arthritis even though the patient had no prior issues. I am glad to lead the way and will fight the insurance companies with my experts and my trial experience.Jim Hoffmann
This is a very good lawyer for St. Louis workers compensation cases.
Response from the owner: Thank you Sofia. A work comp insurer refused to pay for medical care that was ordered per a trial award I won for an injured client. I then went back to court for a second trial and the court "commuted" the future medical award to a lump sum of $800,000. These work comp adjusters simply don't care. Workers' compensation attorneys need to hire experts and go to trial so a message is sent.God bless,James Hoffmann314 361 4300St. Louis, Mo work comp lawyer
He's my attorney he's real good I would highly recommend him
Response from the owner: Thank you John. As you now know, Missouri work comp can be a battle with insurance doctors trying to downplay your condition. We are fighting for you. Thank you for allowing me to be your workers compensation lawyer.James HoffmannSt. Louis, MO314 361 4300
Make a Missouri Workers Compensation Claim
You can make a claim for workers’ compensation if your company is located in Missouri, whether the injury occurs in Missouri or outside of Missouri, or if you are an employee from a company located in a different state but was injured while working in Missouri; or if your contract of employment (i.e., temporary staffing work) was fully completed within the state of Missouri, regardless of where the employer sends you to work (i.e., a nurse hired by a Missouri temp agency that sends you to Boston for nine months to train nurses at a new hospital).
Report a Missouri Work Injury
You have 30 days to report an acute injury. No employer rule can shorten this time. You have 30 days to report a repetitive use-type injury once you learn that your job, over time, has caused an injury. (i.e., 6 months after seeing your family doctor for back pain, he finally says, “Your job moving patients/ carrying laundry/ lifting concrete/maintenance worker/etc., has caused damage to your back.) At this time, you should report this injury.
Give It to Your Employer in Writing
You have a right to give the employer a letter reporting the injury. If the employer does not prepare a written report or seems to be ignoring you, prepare a letter confirming that you verbally reported the injury and write down the date you reported it, who you reported to, and that you have not heard from the work comp adjuster. Date it and keep copies!!!!
Get All the Medical Care You Need
You have a right to receive medical care after reporting the injury. 2013, the Law Office of James M. Hoffmann had a case for an injured employee. The commission sanctioned the employer and ruled, “We reject the employer’s suggestion that an injured worker must prove the compensability of her injury before the employer has any obligation to provide medical examination or treatment. It is contrary to the express language of § 287.140 rsmo, which “the employee shall receive, and the employer shall provide such medical, surgical, chiropractic, and hospital treatment, including nursing, custodial, ambulance and medicines, as may reasonably be required after the injury or disability, to cure and relieve from the effects of the injury.” The statute says an employer shall provide the medical services listed therein, and the statute does not make the employer’s obligation to provide medical service contingent upon a medical opinion (or, worse yet, an award) finding the injury compensable. It would be absurd, for example, if the legislature intended that an employer must provide ambulance transportation to a critically injured worker, but only after the critically injured worker provided the employer with a medical opinion that the injury gave rise to the need for ambulance transportation was work-related.”
Get the Right Medical Care for Your Missouri Work Injury
You can reject medical care offered by the employer and use your health insurance. Or to use your health insurance for your doctor if medical care is refused or your case is denied. However, most doctor’s offices won’t treat your work injury unless you have a letter from the employer refusing medical care. Your attorney can help you through this by working with doctors who agree to treat you on a lien basis. Your attorney will then pursue your medical bills at trial, provided that the employer denied a request for treatment. Then, hand deliver a letter, or letters, to your boss confirming your injury report and your need for medical care. Keep several copies!!
Keep Your Own Records
Record your doctor visits. Make sure you document everything about your Missouri work-related injury! Clients are often shocked that the workers’ comp doctor failed to document numbness, tingling, etc. Tell the doctor that your recorder is on and will record each visit. At a minimum, hand deliver letters to the doctor’s office confirming what was discussed during your office exams, date them, and keep copies!!!
Get Paid While You’re Unable to Work
You have the right to receive wage loss or TTD, temporary total disability, when you are off work and are being treated by the doctor. It is 2/3 of your average weekly wage, but it is tax-free. If the doctor authorizes light duty but the employer has none, you get TTD. The insurance company will push the doctor to say “MMI,” which is maximum medical improvement. With MMI, the workers’ compensation carrier cuts off your TTD, regardless of whether you can work. You can be at MMI and still require future medical care for life. If you can no longer work, your attorney will retain experts to pursue a claim for PTD or permanent total disability. These claims take time, require experts, and are highly disputed by work comp insurers. Many clients suffer financial hardships during the time it takes to fight a PTD case. Filing for unemployment will hurt your workers’ comp case unless you specifically write on your unemployment forms (and keep copies), “I am out of work due to a work injury. The work comp doctor released me from care with restrictions of______? I am willing to try and work within these restrictions, but I will need to rest on occasion due to pain and a ride to work due to my pain meds.” Keep copies!!!
Pursue Hardships for Your Work-related Injury
You have the right to pursue hardships. Your attorney will need experts and deposition testimony to prove your case. Hardships are temporary awards to request an order from the judge for a denied surgery or to reinstate TTD. The risk with hardships is that you lose, and the surgery is denied. A better position to be in at court is to have your lawyer find a good doctor who will perform the surgery on a lien basis. The surgeon can testify as to the damage and injury he saw with his own eyes during surgery so that when the work comp doctor says, “No herniated disc, it’s just arthritis”, your doctor says, “Wrong. I did the surgery. I saw the herniated disc. It was recent and caused by the work injury.”
Refuse Work You Believe Will Make Your Condition Worse
You can refuse work that is not within the doctor’s restrictions. Be sure to give a letter to your boss confirming what happened, date it and keep copies!!! If the doctor restrictions are insufficient, give your boss a note stating, “The workers’ comp doctor said I can work with a 20 lb lifting restriction. A lumbar fusion was performed for my work injury. I am in constant pain and can’t sleep much at night. I am drowsy and nap all day. I take narcotic pain meds, which make me drowsy. I can’t concentrate. There is no way I can lift 20 lbs, but the work comp doctor does not seem to care. I’ll try, but I will need to lie down every hour. Let me know.” Give a note to the workers’ compensation doctor as well. Date it and keep copies.
Take the Drug Test
Take the drug tests. There are big penalties if you don’t. Smoking pot a week ago on Saturday has no relation to your herniated disc, lifting a box, or broken leg caused by an inattentive forklift driver.
Get a Missouri Workers Compensation Lawyer
Hire an experienced Missouri workers’ compensation attorney. A doctor must determine all disability. If you rely on the workers’ comp doctor to assess your disability, you will settle for a fraction of the value of your case. Ensure your attorney obtains all records and diagnostic studies before he/she sends you to the rating doctor. You want a fully informed physician.
The Work Comp Investigator is Watching
Expect to be videotaped by the workers’ compensation insurance investigator. They will watch you from the doctor’s windows. That pretty gal in the store who asks for help to lift a 50-lb bag of dog food probably has a video in her purse. Your large yard or farm has trees, which are great places to hide while recording a video. Assume you are being recorded 24 hours a day.
Make Thorough Notes for the Doctor
You can write anything anywhere you want on the work comp doctors’ intake forms and body charts. Scratch through “ yes or no” and write out, “I have numbness and pain in my leg starting in my lower back.” The work comp doctor does not need a list of all prior employers to treat you: write “no back problems or treatment before I hurt my back lifting at work on June 15, 2015.” Write in the margins or on the back side of the page. If x’s, o’s, and #’s on body charts confuse you, write, “I have numbness down my leg…tingling in my leg…pain in my leg and back, and draw an arrow to the body chart.”
Request a Courteous and Professional Doctor
On numerous occasions, clients have told me they had to wait 2 or more hours to see the doctor finally. I recommend this: tell the receptionist you are leaving after one hour. Then, note to the claims adjustor that you left the doctor’s office after waiting more than an hour past your scheduled time. In your note, request a physician who will be timely, courteous, and professional.
Refuse the Requests of the FCE Person
You have the right to refuse the requests of the FCE person and to leave at any time. When workers’ compensation doctors place you at MMI after surgery or serious injury, they try to help the workers’ comp insurer by sending you for an FCE, or functional capacity evaluation, to show that you can work. This is done by a physical therapist who is seeing you for the first time and knows very little, or nothing, about your injury and ongoing problems. This person may ask you to lift 30 lbs 20 times; they don’t care if you hurt for the next 2 weeks. Refuse if you think this will hurt you even worse. Just say, “No, I can’t do that.” Have a friend video the session. Sit down and rest anytime you need to, and leave if the therapist is rude or mean and trying to force you to do things.
Missouri Workers Compensation