Workers’ compensation settlements in Missouri can vary widely in duration. Settlements are often reached after an injured worker achieves maximum medical improvement (MMI), the stage when a doctor determines that the worker has recovered as much as possible.
However, the timeline for a settlement can differ based on the specifics of each case, including the severity of injuries and the number of parties involved. To better understand your rights and navigate the process effectively, the Noland Law Firm, LLC is here to help guide you through every step of your workers’ compensation claim.
The workers compensation settlement process in Missouri
The process of settling a workers’ compensation claim in Missouri involves several key steps. Ideally, here is how the process should unfold:
Step 1: Injury and Notice
When an employee is injured at work, they must immediately notify their supervisor, providing details about how and where the injury occurred. This is known as “notice.”
In Missouri, the employee must report their injury to their employer within 30 days. The statute of limitations for filing a workers’ compensation claim in Missouri is two years from the date of the injury or death.
Step 2: Report of Injury
Upon receiving notice, the employer is legally required to submit a Report of Injury to the Division of Workers’ Compensation. This report is not an actual claim but serves as a formal notification to the state that a workplace injury has occurred.
The employer should also notify its workers’ compensation insurance provider.
Step 3: Medical Evaluation and Treatment
The employer should refer the injured worker for a medical evaluation and treatment. The injured worker is usually seen by a doctor selected by the employer or their insurance company.
Step 4: Filing the Workers’ Compensation Claim
The injured worker (or their attorney) files the Claim for Compensation with the Missouri Division of Workers’ Compensation. This is the official start of the claim process.
Step 5: Ongoing Medical Treatment
Workers’ compensation cases involve a range of injuries, from minor strains to severe trauma. The duration of medical treatment varies depending on the injury type and severity, and workers’ compensation laws allow the employer or insurer significant control over the choice of healthcare provider and treatment.
Step 6: Release from Treatment
Once the authorized workers’ compensation doctor determines that the employee has reached maximum medical improvement (MMI), the employee may be released from medical care and instructed to return to work with or without restrictions.
Step 7: Settlement
Once the employee is released from treatment, the settlement process begins. This may include an evaluation by a doctor the employee’s hires to give a rating. Mediation may also occur as the parties negotiate a settlement. If a settlement cannot be reached, a trial will happen.
Understanding the settlement process and timeline can help you navigate your claim more effectively. If you need assistance, the experienced attorneys at Noland Law Firm, LLC are here to help guide you every step of the way.
Factors That Impact the Timeline of a Workers’ Comp Settlement
Several factors can significantly influence how long it takes to settle a workers’ compensation claim in Missouri.
The Employee
The employee’s prompt and proactive involvement is critical. If an injured worker delays notifying their supervisor about the injury or does not push for timely medical treatment, the settlement process can be stalled indefinitely. Many employees wait months, or even over a year, for their employer to act before seeking legal help. Immediate communication and follow-up are essential to avoid unnecessary delays.
The Employer
Delays often occur when the employer fails to promptly file the necessary report of injury or does not send the employee for medical treatment. In some cases, the employer may also neglect to notify their workers’ compensation insurance provider. This lack of action can lead to significant delays, prolonging the entire settlement process.
Denied Claims
Denied claims are a major cause of extended settlement timelines. An initial denial might be due to several defenses, such as a lack of notice or pre-existing conditions. While some of these defenses can be overcome with proper documentation, others, like disputes over whether the injury is work-related, can shift the settlement timeline from a few months to over a year. Highly contested cases can drag on for years, making it crucial for employees facing a denial to consult a workers’ compensation lawyer immediately.
By understanding these factors, injured workers can better navigate the process and seek timely legal advice to ensure a fair and swift settlement. If you are experiencing delays or complications with your claim, contact Noland Law Firm, LLC for experienced representation.
Other Factors Affecting Workers Comp in Missouri
Several additional factors can impact the timeline for settling a workers’ compensation claim in Missouri, beyond just the actions of the employee or employer.
Personal or Health-Related Delays – Life events can cause delays in the settlement process. Unrelated health issues, family emergencies, or personal matters may temporarily put a claim on hold, extending the overall timeline.
New Injuries – If an employee sustains another work-related injury while a claim is already in progress, the initial claim may be paused while the new claim is processed. This can significantly delay any potential settlement of the original claim.
Workers’ Comp Delays – Workers’ compensation cases are inherently slow due to the system’s design. Court dockets move slowly, and obtaining necessary medical records or reports can take a long time.
Lack of Communication – The process can become even slower if there is inadequate communication from the employer, insurance adjuster, or their attorney. Delays in response times from these parties can drag the timeline out further.
How Much Workers Comp Will I Get?
The amount you receive from a workers’ compensation settlement in Missouri depends on several factors, including the severity of your injuries, your ability to return to work, and your wages before the injury. While it is possible to get a general idea by reviewing Missouri’s workers’ compensation guidelines, the specifics of each case vary widely.
It is a common misconception that more medical treatment automatically results in higher compensation. In reality, workers’ comp covers only necessary and reasonable medical treatments. Excessive or unnecessary treatments can raise red flags with insurers, potentially leading to denied payments.
How A Lawyer Can Help with A Workers’ Comp Case
An experienced workers’ compensation attorney can be invaluable in navigating the complexities of a claim, addressing common issues like delays, denials, or mistreatment. They protect your rights and ensure you are fairly compensated.
Legal Representation in Court: In a workers’ comp case, your employer will have a lawyer, and so should you. Representing yourself (pro se) can be risky, as judges cannot provide legal advice. Attorneys can significantly increase your settlement amount compared to what you might receive without legal assistance.
Strategic Evidence Presentation: The extent of your injuries often determines your settlement. Employers may try to minimize the severity of injuries to reduce payouts. A skilled lawyer knows how to challenge biased medical reports and present compelling evidence to support your claim.
If you have been injured at work, contact Noland Law Firm, LLC for a free, confidential consultation at (816) 781-5055 or request a free case evaluation online.
