Workers Comp Attorney

The insurance company will be working overtime to find a way to deny your workers’ compensation claim.

Workers who are an employee of a business that employs more than five workers or are in the construction industry are covered by something called workers’ compensation insurance. Workers’ compensation is a type of insurance coverage that a business owner must have in order to be compliant with Missouri law. Workers’ compensation is a type of insurance policy that is meant to ensure that if a worker is hurt, the employer as the means to pay for their medical costs.

Although not based on the doctrine of negligence, meaning that no one else has to be negligent for your injuries for you to collect compensation, there are other things that may affect your eligibility. Once you file a claim and it is accepted, the insurance company is required to pay your medical bills, lost wages and any other economic loss.

Just like any other business, however, workers’ compensation insurance companies want to make money. The way that they do that is not by making sure that everyone is fairly compensated, but rather, by limiting the number of claims that they have to pay out.

It is a business practice to try to deny as many claims as possible if a company believes that there is a way to deny the claim. That is why, if you are contacted by a workers’ compensation investigator, it is important to know what to do as well as what not to do.

What NOT to Do

The first thing that you must not do is answer any questions without a St. Louis workers’ compensation lawyer present. The workers’ compensation investigator has one objective, to try to prove that your employer was not responsible for your injuries and that the insurance company doesn’t need to pay your bills. Investigators do that by trying to show that your employer wasn’t responsible.

It is imperative that you not say anything to the insurance company without first consulting with your St. Louis workers’ compensation attorney. If you do say something, it can, and it most certainly will, if possible, be used as a tool to deny your claim. Investigators are professionals when it comes to getting critical information. It is best to avoid conversation with them completely.

You will not want to ignore any documentation in place to file the claim. You will need medical documentation, proof that you made your employer aware of your injury and proof that you filed the proper claim documents within thirty days of your injury.

Lastly, make sure that you don’t say anything on your social media that might call into question your injury or the extent of your injury. Although the investigator might be contacting you directly, they are also sifting through your social media postings to find a way to deny your claim. Be very mindful of anything that you post including photos and videos that might tell a different story than what you have said in your claim.

St. Louis Workmens Comp Attorney

The insurance company will be working overtime to find a way to deny your workers’ compensation claim. Make sure that you have a St. Louis workers’ compensation lawyer working hard for you so that you don’t risk losing your workers’ compensation benefits.

For more than 20 years, the Law Office of James M. Hoffmann has been helping injured workers throughout the state of Missouri receive the compensation they need and deserve. Call us today at (314) 361-4300 or fill out our online contact form to request a free evaluation.

The Missouri workers’ compensation commission recently made the decision to allow a man to collect unemployment benefits and simultaneously collect disability benefits.

These two are usually mutually exclusive because in order to collect unemployment, a person has to be both willing and able to work, while disability benefits are an option when a workplace accident renders an employee unable to work.

The statute that stipulates that employees who are collecting temporary total disability benefits are disqualified from also receiving unemployment compensation, does not mention workers’ compensation permanent total disability benefits or unemployment. The Commission found that there was no statute disqualifying both types of benefits from being awarded.

The claimant had made a claim against the second injury fund saying that the combination of previous workplace injuries with the current trigger finger injury he sustained on the job had rendered him unemployable. The claimant had worked for his employer for many years and continued to work at the same job after he became injured. However, he was heavily accommodated by his employer, so during this period he was not truly competing in the labor market. He was determined to have a 15% disability of his thumb and settled the case against the employer.

The claimant then made a claim against the second injury fund that was based on the premise of the trigger finger injury compounding with previous work injuries, rendering him unemployable. The man had been injured several times before in accidents involving his arms.

The second injury fund responded by saying that the claimant’s previous injuries were not symptomatic at the time he sustained the trigger finger injury and that those injuries were also not at maximum medical improvement. However, it was decided that there was enough evidence to conclude that the claimant had a measurable disability that was preventing him from being able to work.

The Commission was critical of the employer who eventually settled the case with the claimant because that employer had

delayed [treatment of the left arm] for years due to tactics employed by the employer.”

St. Louis Workers’ Compensation Lawyer

If you have sustained a workplace injury that is preventing you from returning to work or has left you permanently disabled, contact a Missouri workers’ compensation attorney to discuss your options. Many injured workers do not realize what options may be available and what benefits they may be eligible for. Experienced Missouri workers’ compensation attorneys who understand Missouri laws and precedents will be in the best position to help you get the benefits you need in order to sustain your family and move forward with your life.

Hopefully, obtaining the benefits you are entitled to will go smoothly, but sometimes it does not, and this can be discouraging. However, Missouri law entitles injured workers to benefits and an experienced Missouri workers’ compensation attorney can help you to access these benefits. You may be eligible for additional benefits that your attorney can give you more information about.

To schedule a free consultation with an experienced St. Louis workers compensation attorney call the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online case evaluation form.

What Not to Do if You’re Contacted by the Workers Comp Insurance

The insurance company will be working overtime to find a way to deny your workers’ compensation claim.

What NOT to Do

St. Louis Workmens Comp Attorney

Injured Employee Receives Unemployment & Disability Benefits Simultaneously

The Missouri workers’ compensation commission recently made the decision to allow a man to collect unemployment benefits and simultaneously collect disability benefits.

St. Louis Workers’ Compensation Lawyer