When you’ve worked hard at your job and given your employer your best, it’s not only painful but distressing to suffer a serious injury that interferes with your ability to work and support yourself and your family. An injury can happen in an instant, but its effects can be long-term or even permanent. After a workplace injury, it’s important to know your legal rights, including the compensation that’s available to you. A St. Louis workers’ compensation attorney helps you explore your options for financial recovery, so you can focus on healing.
Your Rights and Obligations In a Missouri Workers’ Compensation Claim
All Missouri employers with five or more employees must carry workers’ compensation insurance. Construction company employers must have this coverage if they have even a single employee. These policies not only protect the employer from lawsuits, but also provide coverage for all medical care related to the injury. In Missouri, workers’ comp also pays two-thirds of your standard weekly pay for the amount of time you’re unable to work. If your injury allows you to perform light-duty tasks, workers’ compensation pays two-thirds of the difference between your light-duty pay and your usual pay. Workers’ compensation also pays settlements for permanent total disability (PTD) or workplace death benefits to a surviving spouse, parent, or child.
When you suffer an injury in your workplace or while you’re doing work-related tasks, you have the right to file a workers’ compensation claim as long as you meet the following qualifications and obligations:
- You are an employee and not an independent contractor, and your employer has five or more employees and workers’ compensation insurance
- Your injury was work-related or occurred in the workplace
- You reported the injury to your employer in writing within 30 days of the injury date
- You’ve received your medical treatment through a doctor on your employer’s approved provider list (with the exception of emergency treatment)
Your employer must report your injury to their workers’ compensation insurance company within 30 days of receiving your written notice of injury.
You Might Have the Right to File a Lawsuit for Additional Compensation
In most cases, you cannot file a lawsuit against an employer who is protected under workers’ compensation insurance, with possible exceptions for gross negligence or intentional wrongdoing. However, depending on the circumstances of the injury, you might be able to file a personal injury claim or lawsuit against a negligent third party, such as an at-fault driver in a transportation accident, a contractor, a subcontractor, a vendor, a property owner, or any other non-employer who caused or contributed to the injury.
If the circumstances of your case are such that you can file a third-party personal injury claim, you could recover additional compensation for non-economic damages that aren’t covered by workers’ comp. These include compensation for pain, suffering, and catastrophic injuries, such as loss of limb, disfigurement, disability, or diminished quality of life. Let our St. Louis injury attorney discover if these damages are available to you.
You Have the Right to Hire an Attorney for Legal Representation
While you have the right to file a workers’ compensation claim, and you may also have the right to additional compensation through a personal injury claim against a third party, neither is a straightforward process. Often, insurance companies use tactics to protect their profits at your expense. A significant number of workers’ compensation claims receive denials due to errors, oversights, or unwarranted denials.
When you hire an attorney to represent your best interests, your lawyer explores all legal avenues for your representation. Contact us today for a free consultation.