With a few exceptions, any person injured at work is entitled to file a claim and have the cost of their injuries covered by the employer’s workers' compensation insurance. As a no-fault insurance, there is no need for employer liability to be proven, and even if you are partially responsible for the accident, you are usually still entitled to compensation. Workers' compensation insurance is expensive for an employer, who may not like the idea of paying higher premiums as a result of your accident. It is important that you follow all the necessary steps when filing a claim to make sure that a technical error does not bar you from compensation. If you have any doubts or questions, our law office would be happy to assist you.
Report Your Injury Immediately
The first thing an employee needs to do is inform the employer of any accident or injury. Accidents are usually simple to report and get permission to seek medical attention for, but injuries that develop over the course of time, such as carpal tunnel syndrome, are more difficult to receive compensation for. Often times you will have to first be diagnosed by your own doctor and get a written statement from him stating that the injury is indeed work-related. From there, the physician who works with your employer’s workers' compensation insurance will make his or her own evaluation.
If Your Claim is Denied
If the physicians disagree, then the employer will most likely cease your benefit and expect your full return to work. This is where seeking the assistance of a workers compensation attorney would be beneficial. They can help you gather evidence in support of the initial medical findings. The case may end up in front of the workers' compensation review board, where all sides will be heard and you have the chance to present any evidence. The decision handed down here is typically the final one.
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Purpose of Workers' Compensation
It is important to note, that workers' compensation insurance not only protects the employee but also the employer. With this system of no-fault insurance, an employee is giving up the right to sue an employer for a work-related injury. It will also not provide any type of punitive damages or awards for such abstractions as pain and suffering. What it does allow, is for an injured employee to not have to incur any out of pocket expense for their medical treatment.
All medical bills should be covered by the claim as well as necessary rehab. If future medical care is determined than that will likely be covered as well. If the injury cost you time off from work, those hours should be covered in the claim as well. If you are unable to return to work, then a portion of your salary should be paid to you for as long as the disability is present. Disability benefits depend on many factors and are always considered on a case by case basis.
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St. Louis Workers Compensation Attorney
Workers' compensation claims are not as easy as one may think. There are many loopholes to fall into if you are not familiar with the law. Your best chance at receiving the full benefit you are entitled to is to seek the assistance of a Missouri workers' compensation attorney.
To schedule a free consultation call the Law Office of James M. Hoffmann at (314) 361-4300.
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