You should be receiving treatment for ALL of your injuries. Do not let the carrier deny you benefits.
In Missouri, if you are injured while on the job, your employer is required to have workers’ compensation to cover your injuries. When you are injured, however, the insurance company’s main objective is to pay as little as possible or none at all. The number-one priority of the workers’ compensation insurer is to minimize their costs and bottom line. That is why it is so important to have a St. Louis workers’ compensation attorney in your corner to defend your case.
There are many different ways that your employer might seek to limit your benefits or even deny them altogether. Knowing what those tactics are might help you to combat them and ensure you get what you are entitled to.
You Were Under the Influence
In Missouri, there are no laws about whether you can or cannot drug test someone when they are injured on the job. If you are drug tested after an injury and you fail the test, then your employer might seek to deny your benefits. The only way that they can deny your claim is if they can prove that your impairment directly led to your injury. In addition, your St. Louis workers’ compensation lawyer can test whether you being tested was legal, especially if you did not give consent. As it’s a very gray area, claiming you were under the influence might or might not affect your eligibility.
Willful Misconduct or Messing Around
Your employer might insist that your injuries were due to your own willful misconduct or that you were messing around. Although workers’ compensation benefits are not determined by fault, if you are found to be doing something that was willfully negligent, then your employer might try to deny your claim. If your employer is trying to claim that you are responsible for your injuries due to misconduct, then you will definitely need a St. Louis workers’ compensation attorney on your side to plead your case.
Your Injury Was Not Work-Related
To be eligible to collect workers’ compensation benefits, you have to prove that your injuries were work-related. That means that you suffered your injuries due to performing under the scope of your employment. For instance, if you slipped and fell in the kitchenette getting lunch, that wouldn’t be work-related. However, if you slipped and fell when you were in the warehouse lifting things as a part of your work duties, then that would be work-related. If your employer is trying to claim that your injuries weren’t work-related, then hiring a St. Louis workers’ compensation lawyer is imperative to winning your claim.
If you file a claim for workers’ compensation, then the insurance company will do whatever they can to limit their liability. That might mean making an argument that your actions negate your eligibility. If your employer is trying to deny you coverage, the best way to combat it is to hire a St. Louis workers’ compensation attorney to plead your case.
If Your Claim is Denied
If you have a difficult employer/boss who is fighting your claim, document all of your conversations by writing a short note to confirm what everyone said. Date it, sign it, and give it to all of your bosses. Keep copies for your attorney.
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. You can also complete our Online Case Evaluation Form.