Workers Compensation Lawyers in Liberty, Missouri
A workers compensation attorney in Liberty can help you or a loved one obtain just compensation if you are injured at work. At the Noland Law Firm, we fight for the rights of injured workers in Liberty and the Kansas City metropolitan area. We also serve clients throughout Blue Springs, Gladstone, Independence, Liberty, and greater Kansas City area.
When an “on the job” injury happens, you need a worker’s compensation attorney with the experience you need who will give you the attention you deserve.
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State workers’ compensation laws ensure that your employer or your employer’s insurance company provide you and/or your family with compensation for any injuries (including death) sustained while working. This may include:
- Cash benefits during any periods when you are unable to work due to your injuries.
- Reimbursement or payment of medical costs.
- Weekly or lump sum payments for permanent disability due to your injuries.
If you are injured at work:
- Report your injury immediately to your employer.
- If you are unable to reach an agreement with your employer regarding compensation for your injury, you may file a claim with the Industrial Commission.
How does workers compensation work in Missouri?
In Missouri, workers’ compensation insurance serves several purposes, including covering medical bills, safeguarding against work injury lawsuits, and providing wage replacement for employees unable to work. Payments are typically based on the injured or sick employee’s average weekly wage before the incident. It’s crucial to inform employees that workers’ compensation payments may impact Social Security benefits.
This insurance in Missouri extends to various situations, encompassing accidents, work-related injuries, illnesses from exposure to harmful substances, ongoing medical care (such as surgeries or physical therapy), repetitive stress injuries (like carpal tunnel syndrome), lost wages due to work-related injuries, disability benefits for permanent or temporary disabilities, and funeral costs in the unfortunate event of a workplace fatality.
Employers in Missouri have the option to select a doctor for their sick or injured workers, though employees can choose their own doctor at their expense. For a comprehensive understanding of how workers’ compensation works in Missouri, consulting with legal experts such as those at Noland Law Firm is recommended.
Do you always get a settlement from worker’s compensation in Missouri?
In Missouri, workers’ compensation claims and disputes can result in settlements. When an employee sustains a job-related injury or illness, the Missouri Division of Workers’ Compensation steps in to ensure compliance with workers’ compensation laws.
Judges within the division have the authority to approve settlements and issue awards pertaining to the benefits entitled to injured workers. For comprehensive assistance and guidance throughout the workers’ compensation process, consulting with the legal professionals at Noland Law Firm is advisable.
Does Missouri’s workers compensation cover pain and suffering?
While in a personal injury lawsuit, compensation for pain and suffering is possible, Missouri’s workers’ compensation operates differently. Under this system, only medical and disability benefits can be claimed, and it generally does not cover pain and suffering. The specific damages covered by Missouri workers’ compensation are outlined in Section 287 of the Missouri revised statutes.
In certain situations, an injured worker might have the option to pursue both a workers’ compensation claim and a personal injury claim. In such cases, they may seek compensation for pain and suffering through a civil lawsuit. It’s important to note that the workers’ compensation system was designed to protect employers from lawsuits and additional damages, streamlining the process for injured workers to receive necessary benefits.
Can employees be fired while out on workers’ compensation in Missouri?
In Missouri, it is illegal for employers to terminate an injured worker solely based on their injury, as it could lead to a retaliation lawsuit. Typically, employers may assign light-duty tasks to accommodate the injury or grant permanent leave for long-term injuries, with the possibility of hiring someone else to fill the position.
If an employer terminates an injured worker during workers’ compensation leave, they must legally demonstrate that the termination results from misconduct unrelated to the workplace injury. The employer needs to prove that other workers could face termination for similar misconduct, and the firing isn’t due to restrictions placed on the injured worker.
In instances where the workplace injury becomes apparent after termination, the worker may still be eligible for workers’ compensation benefits, despite no longer being employed. However, securing compensation post-termination can be challenging. Maintaining a detailed record of injuries is crucial for supporting such claims, where the worker must prove the injury’s work-related nature and occurrence within the scope of job responsibilities.
These claims are intricate and challenging to prove, especially if there’s a considerable time gap between termination and the claim. Employers might dispute the work-related nature of the injury, alleging purposeful negligence or incidents outside the workplace. Seeking legal advice is essential for navigating complex workers’ compensation scenarios in Missouri.
What is the Statute of Limitations for Workers Compensation in Missouri?
To initiate a formal workers’ compensation claim, individuals must file within two years from the date of injury or death. Injured workers are required to report their injury or illness to their employers either within 30 days of the incident or within 30 days of being informed of their diagnosis. This timeframe is crucial for establishing a reasonable period during which employees with work-related injuries can initiate a Missouri workers’ compensation claim against their employer.
While critics argue that this statute restricts workers’ legal rights, proponents emphasize its importance in ensuring timely resolution of employee claims. Missouri’s workers’ compensation statute of limitations outlines the deadline for employers to address an employee’s claim.
Failing to take legal action within this timeframe can lead to the loss of crucial evidence and details. Adhering to the statute of limitations provides assurance that cases are presented within the specified timeframe.
Workers Compensation Act in Missouri
Under the Missouri Workers Compensation Act, businesses with five or more employees must have workers’ compensation coverage. This state-mandated no-fault system provides compensation to injured workers, covering medical expenses, lost wages, and permanent disabilities.
Contact our Workers Compensation Lawyers Today
If you were injured while working on the job in Liberty, Gladstone, Independence, Blue Springs, Excelsior Springs, Kearney, Smithville, Saint Joseph, North Kansas City, and throughout the greater Kansas City area, it is worth hiring a workers compensation lawyer from Noland Law Firm to help settle your case with knowledge and compassion. Contact us today to schedule a free consultation, or please call us at (816) 781-5055 to discuss your personal injury case.