Sustaining an injury at work is painful and distressing, especially when it disrupts your ability to return to your job, either temporarily or permanently. Facing financial hardship because of a workplace injury is a frightening prospect, but workers’ compensation provides a crucial safety net to support yourself and your family while you’re receiving the care you need. Unfortunately, a successful workers’ compensation claim isn’t guaranteed, even when your claim is valid.
Hiring a St. Louis workers’ compensation lawyer and understanding the process before you begin is the best way to move forward toward a result in your favor.
Taking the First Steps In the Missouri Workers’ Compensat
ion Process
After a workplace injury, it’s crucial to seek medical care as soon as possible—preferably straight from the scene of the accident, or as soon as a repetitive motion injury becomes evident. This not only provides the emergency care you need, but also establishes evidence that the injury occurred at work. After the injury, take the following steps:
- First, arrange transportation to a hospital or urgent care center
- Then, report the injury to your immediate supervisor
- Write down the names of any eyewitnesses to the accident
- Ask your supervisor to write out a detailed accident/incident report
- Take photos of anything related to the cause of the injury
- Take photos of the injury if it’s visible
- After your emergency care, see a physician on your provider’s approved list and carefully follow their treatment recommendations
- Make every appointment and fill all prescriptions
- Report your injury to your employer through the Missouri Department of Labor’s written form within 30 days of the injury
An employer must report the injury to the Missouri Division of Workers’ Compensation (DWC) within 30 days of receiving the injury report.
It’s always an advantage to hire a Missouri workers’ compensation attorney before communicating with your employer’s workers’ compensation insurer or before signing any documents.
What Happens After an Employer Reports a Workplace Injury?
Once your employer reports your injury to DWC, your case receives a claim number. Then, you’ll receive a notification from DWC to alert you that your claim is in progress and to explain your rights. Then, the insurer investigates the accident and injury. An attorney on your side conducts an independent investigation and gathers evidence that the injury occurred during the performance of your work duties. Then, the attorney gathers medical evidence through your medical report, physician’s notes, and medical expert testimony to present to the insurer.
The attorney negotiates with the insurer to obtain the maximum compensation available to you, either through a lump sum settlement or in weekly payments. With an approval of your claim, workers’ compensation in Missouri pays two-thirds of your standard weekly wages for temporary total disability while you recover, or two-thirds of the difference between light-duty pay and your normal pay for temporary partial disability. If your injury causes permanent disability, your attorney will fight for the largest possible settlement to protect your future.
Receiving a Settlement or Filing an Appeal
Most claims end with a settlement, but if a dispute arises, your attorney will aggressively defend your best interests throughout the hearing. A minority of Missouri workers’ comp cases go to trial.
A Missouri workers’ compensation attorney also represents injury victims who’ve received a denial of their initial request throughout the appeal process. About 13% of workers’ compensation claims require an appeal, but 47% of appeals are approved with skilled legal representation.