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What to Do If Your Employer Denies Total Permanent Disability


If you can no longer earn a living because of an accident at work, you may be entitled to total permanent disability benefits.

There are many different types of injuries sustained while on the job that may qualify you to receive workers’ compensation. Fortunately for most, they are not accident-related and after medical care, the employee is able to return back to work. For some though, that is not the case. Some injuries can be so severe that a return to work, in any capacity, is simply not an option. If you were hurt on the job and have been denied workers’ compensation, even though you are no longer able to work, contact a workers’ compensation attorney the Law Office of James M. Hoffmann to help present your case. Battling with an insurance company is not something you want to do alone.

Workers Compensation Insurance

Any business, with the exception of farms, that employs more than 5 people is required by law to carry a workers’ compensation policy. This insurance provides protection to every employee that sustains an injury while on the job, even those that accumulate over time such as carpal tunnel syndrome. Not only is the employer’s insurance carrier expected to cover the medical expenses, but they are also required to pay the employee for their lost time at work.

In most cases, an employees’ injury is treated and they return to work. The insurance company pays the medical bills and compensates for lost wages. The physician treating your injury is required to keep your employer up to date on your progress. Once they feel you have reached maximum medical improvement, they will notify your employer and you will be cleared to return to work.

What about if your maximum medical improvement is not enough for you to work?

In that case, you may have a total permanent disability as a result of a work injury and may be eligible to receive workers’ compensation for the duration of your life. Workers are typically compensated 2/3rd’s of their salary, plus continued medical care for their injury. You can imagine that insurance companies do not like these types of claims, and will attempt to fight it. This is why it is important to consult with a Missouri workers compensation attorney if your employer and their insurance carrier are attempting to deny your claim for total permanent disability.

A factory worker in Missouri encountered this after he slipped and fell on a floor mat at his job. He injured his back, hip, and leg and needed two separate surgeries to try and correct the problem. The employer tried denying his claim stating that he was not injured during the scope of his employment, even though an accident report had been filed. The employee was eventually awarded $160,200 plus lifetime disability payments. Lifetime disability not only pays you 2/3rd of your salary, but it also allows you to continue medical care for the injury if necessary. For people who will need therapy and pain management, this is a very important coverage.

Law Office of James M. Hoffmann

If you can no longer earn a living because of an accident at work, discuss your claim with a workers comp attorney at our law firm. We have over 30 years of experience successfully protecting the rights of injured Missouri workers. We can evaluate your case for free and begin working to get you the compensation you and your family need to move on with your lives.

Call (314) 361-4300 to schedule your free consultation.

Updated: September 15, 2020
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