What Damages Can You Collect After a Workplace Accident?
Workers’ compensation is a system designed to provide financial and medical benefits to employees injured on the job. If you are seeking a workers’ compensation lawyer in Liberty MO or need guidance on workers’ compensation claims in Liberty Missouri, understanding your rights is essential. A Liberty MO workers’ compensation attorney can offer legal help for workplace injuries in Missouri, ensuring you receive the benefits you deserve.
Learning the compensation you stand to receive after a workplace accident by reading our guide.
Quick Summary:
- Workers’ compensation is insurance that helps employees injured or sick from their job. It covers medical bills, lost wages, and sometimes retraining for a new job, without the need to sue your employer.
- Workers’ compensation covers common injuries like slips, falls, repetitive stress injuries, exposure to harmful substances, and machinery-related accidents. These injuries may include sprains, fractures, chronic pain, or illnesses caused by unsafe work conditions.
- After an injury, report it to your employer, get medical attention, and document everything. This ensures you get the medical care and benefits you’re entitled to.
- In Missouri, employers with five or more workers must carry insurance to cover physical injuries, occupational diseases, and repetitive stress injuries. These types of injuries are all eligible for workers’ compensation benefits.
- Missouri has a no-fault workers’ compensation system, meaning employees can receive benefits without proving the employer was at fault. Workers must report injuries within 30 days and follow filing procedures to access benefits.
- Workers in Missouri generally have two years to file a claim after an injury or the last benefit received. Failing to meet this deadline could result in losing workers’ compensation benefits. There are exceptions to the filing deadline, like if you don’t realize the injury or illness until after the two years, or if your employer misled you. In some cases, you may have more time to file.
- Workers’ compensation claims can face challenges like insufficient payment for lost wages, disputes over medical treatment, or long-term care costs. Injuries may also affect your ability to work or lead to complications with other benefits.
What is Workers Compensation?
Workers’ compensation is insurance that helps employees if they get hurt or sick because of their job. It can pay for medical bills, lost pay while they recover, and sometimes job training if they need to switch roles. It’s a way to make sure workers get support without having to take their employer to court. Each state has its own rules, but the goal is to protect both workers and employers when accidents happen at work.
What are the Common Workplace Injuries Covered by Workers’ Compensation?
Getting injured in the workplace is bad news. This is why workers’ compensation exists to help ease workers’ financial burdens. One might ask, what the usual injuries workers suffer from at work are. The list below details the common workplace injuries covered by workers compensation:
- Slips, Trips, and Falls.Injuries from slipping on wet floors, tripping over objects, or falling from heights are some of the most frequent workplace accidents. These incidents often result in sprains, fractures, or head injuries, all of which are generally covered by workers’ compensation.
- Repetitive Stress Injuries (RSIs).Conditions like carpal tunnel syndrome or tendinitis arise from repeated motions, such as typing or heavy lifting. Workers’ compensation typically covers medical treatment and time off needed for recovery.
- Exposure to Harmful Substances.Employees exposed to toxic chemicals or unsafe environments may develop respiratory issues or chronic illnesses. Coverage often includes treatment and benefits for long-term occupational diseases.
- Machinery-Related Accidents. These involve injuries caused by heavy equipment or machinery, such as crushed limbs or amputations. Workers’ compensation provides medical care and rehabilitation support in these situations.
- Overexertion Injuries. Lifting, pushing, or pulling heavy objects can lead to strains or back injuries. Workers’ compensation generally covers both immediate and chronic overexertion-related conditions.
What are the Steps to Take After a Workplace Injury?
After a workplace injury, it’s essential to take steps to protect your health and your rights. Reporting the incident to your employer, seeking medical attention, and documenting details are actions to begin the process. Following these steps ensures you receive proper care and the benefits you may be entitled to under the law.
- Report the Injury to Your Employer Notify your supervisor or employer as soon as the injury occurs. Many states have strict deadlines, and failing to report promptly can jeopardize your workers’ compensation claim.
- Seek Medical Attention Get immediate medical care, even if the injury seems minor. In most cases, workers’ compensation requires you to visit a doctor approved by your employer or their insurance company.
- Document the Injury and Incident.Record all details of the incident, including the date, time, location, and circumstances. Take photos of the injury and the workplace if applicable. Keep all medical records and receipts as evidence for your claim.
- File a Workers’ Compensation Claim.Your employer should provide the necessary forms to start the claim process. Ensure you complete and submit these forms within your state’s deadlines to receive benefits
- Follow Your Doctor’s Treatment Plan. Follow the prescribed treatment plan strictly, as failing to do so could impact your claim. Attend follow-up appointments and report any new symptoms to your doctor and employer
- Consult a Liberty MO workers compensation attorney. If your claim is denied or disputed, consider consulting a workers’ compensation lawyer in Liberty MO. They can help protect your rights and secure the benefits you’re entitled to under the law
What is Missouri’s Workers Compensation Law
Missouri provides coverage for injured workers. Employers carrying five or more employees must carry insurance. There are three main workers’ compensation types covered. Read below to see which one suits you:
- Physical Injuries: These include any harm caused by accidents at work, such as cuts, fractures, burns, or more severe injuries from incidents like slips, trips, falls, or machinery-related accidents. Whether the injury happens in a warehouse, office, or construction site, physical injuries are some of the most common claims.
- Occupational Diseases: These are illnesses that develop due to work conditions. For example, employees exposed to toxic substances or harmful chemicals may develop respiratory problems, skin conditions, or other long-term health issues. Occupational diseases are often more challenging to identify but are equally covered under workers’ compensation.
- Repetitive Stress Injuries (RSIs): These are injuries caused by performing the same motion repeatedly over time. Common examples include carpal tunnel syndrome from typing or assembly line work, tendonitis from repetitive lifting, or back strain from poor posture during long hours.
- Workers’ compensation ensures employees can receive the medical care and financial support needed to recover, regardless of the type of injury sustained.
What is Missouri’s No-Fault System in Workers’ Compensation?
Missouri’s workers’ compensation operates under a no-fault insurance system. This means that employees injured on the job are entitled to benefits regardless of who caused the accident. The system is designed to ensure workers receive necessary medical care, disability benefits, and compensation for lost wages without needing to prove employer negligence.
This no-fault framework streamlines the claims process, but strict reporting and filing timelines must be followed. Employees generally must report injuries within 30 days and cooperate with their employer’s insurance process to access benefits. Employers, in turn, must ensure coverage and assist injured workers throughout the claims process
What is the Statute of Limitations in Missouri for Workers’ Comp Filing?
In Missouri, you generally have two years to file a workers’ compensation claim from the date of your injury or the last time you received benefits. If your employer didn’t report the injury as required, you may have up to three years to file. Missing these deadlines could mean losing your chance to get workers’ comp benefits, so it’s important to file as soon as possible after an injury.
What are the Exceptions to Missouri’s Workers’ Comp Statute of Limitations?
The statute of limitations requires strict adherence, but there are times wherein the rules can bend. Here are some exceptions to the statute of limitations for workers’ compensation claims in Missouri, explained in more detail:
- Not Knowing About the Injury: Not realizing the injury nor connecting to the job until after the two-year period counts as an exception. The statute of limitations might begin when you first discovered the injury or its link to work. This exception allows more time for those who develop symptoms gradually, such as back pain from a repetitive motion.
- Occupational Diseases: For illnesses that develop over time due to conditions at work, like lung diseases from toxic exposures, the time limit for filing the claim usually starts when the disease is diagnosed or when you are made aware of its work-related cause. This can give workers with chronic conditions additional time to file, instead of starting from the initial exposure.
- Employer Misrepresentation: If an employer or their insurance provider gives false or misleading information that prevents you from filing on time, the statute of limitations may be extended. For instance, if the employer discouraged reporting the injury or misinformed you about your rights, this could delay the start of the filing deadline.
- Ongoing Medical Treatment: In some rare cases, if you continue to receive medical treatment related to the injury, the statute of limitations may be extended. This can apply to situations where treatment is ongoing or the injury is complicated, requiring long-term care.
- Reopening a Case: Filing and reopening a workers’ comp claim due to complications or developments changes the time limits. This allows workers to seek additional compensation or benefits if their condition worsens after the initial claim.
What are the Common Challenges Faced when Claiming Workers’ Compensation?
Claiming workers’ compensation can often be a complex and frustrating process for injured workers, with several challenges that can arise. From gathering sufficient medical evidence to dealing with employer resistance, workers may face obstacles that delay or even deny their claims. Here are some common difficulties individuals experience when pursuing workers’ compensation benefits.
- Compensation for lost time from work. Workers’ compensation should provide wage replacement benefits if you’re unable to work due to a work-related injury. Sometimes, these payments may be less than your full salary. In Missouri, for example, you typically receive two-thirds of your average weekly wage, which might not cover all living expenses, leaving workers struggling with financial gaps..
- Injury Related Expense Compensation.Workers’ compensation is designed to cover all reasonable medical expenses related to a workplace injury, including doctor visits, surgeries, and rehabilitation. However, complications may arise if there is a dispute over whether certain treatments are necessary or related to the injury, potentially delaying payments for those expenses.
- Ongoing medical needs Injuries that require long-term care can be difficult to manage within the workers’ compensation system. This is especially true if future treatment needs are not clearly established at the time of the claim. Ongoing medical care, including physical therapy or treatment for permanent impairments, may not always be fully covered. This can result in additional financial strain for the injured worker.
- Limiting Work Ability. Some injuries may limit your ability to return to your previous job or work at all, requiring accommodations or a transition to lighter work. In cases where you can only return to a lower-paying position, workers’ compensation benefits may cover the difference between your pre-injury wages and your new earnings.
- Affecting Other Benefits. Receiving workers’ compensation may impact eligibility for other benefits, such as unemployment or disability benefits. In some cases, workers’ compensation benefits could reduce the amount of other benefits you receive, complicating your overall financial situation.
Why Do I Need a Workers Compensation Lawyer Liberty MO?
If you’ve been injured at work in Liberty, MO, hiring a workers’ compensation lawyer can make all the difference in getting the benefits you deserve. A lawyer provides legal help for workplace injuries Missouri, deal with insurance companies, and ensure that your medical and wage replacement benefits are properly calculated. With a legal professional on your side, you’re less likely to face delays or denials that could leave you without the support you need
A good workers’ compensation lawyer can make a significant impact on your claim, helping you secure the benefits you’re entitled to. Here are some key qualities to look for in a lawyer:
- Experience with Workers’ Compensation Claims A lawyer experienced in workers’ compensation law will have a thorough understanding of the system, the deadlines, and the types of evidence needed. They know how to deal with insurers, employers, and the court system, making the process smoother for you.
- Strong Negotiation Skills Workers’ compensation lawyers are skilled negotiators who can advocate for your best interests when dealing with insurance companies or your employer. They can help maximize your settlement and ensure you aren’t shortchanged by the insurance provider
- Attention to Detail. The process of filing a claim requires careful documentation and adherence to strict deadlines. A good lawyer will pay close attention to the details of your case, ensuring all necessary forms are filed correctly and within the time frame.
- Availability and Communication. You want a lawyer who is responsive and easy to reach. An attorney who communicates clearly and regularly will keep you informed about the progress of your case and help you understand your options at every stage.
- Client-Centered Approach. A good workers’ compensation lawyer will prioritize your needs and be committed to helping you recover fully. They should be empathetic to your situation and dedicated to fighting for the benefits you’re owed.
- Track Record of Success. Look for a Liberty MO workers’ compensation attorney with a proven history of success in workers’ compensation cases. Positive testimonials, successful case outcomes, and a good reputation in the community are strong indicators of their capability
You deserve to heal from workplace injuries in all ways. Talk to our Workers’ compensation lawyer Liberty MO today to get the justice you deserve!
