How Do You Get Justice for Your Workplace Injury?
Getting injured in the workplace is disastrous not only physically and emotionally, but financially as well. Workers’ compensation in Missouri provides financial relief and medical benefits to injured workers. The complicated claims process requires the guidance of a St. Peters Missouri workers comp attorney. An attorney protects your rights and advocates for your benefits to help you reach justice as soon as possible.
Have you been injured in the workplace? If so, read on below to understand what benefits you are eligible for.
Quick Summary:
- Workers compensation provides financial and medical support for injured workers. It covers medical bills, lost wages, and rehabilitation costs, while also protecting employers from lawsuits related to workplace injuries.
- Common workplace injuries include strains, contusions (bruises), lacerations, sprains, and punctures. Certain occupations also expose workers to hazardous conditions that can lead to occupational diseases. These injuries and illnesses are potentially dangerous and life-threatening, making workers compensation essential.
- There are certain steps to take after a workplace injury. They include reporting the injury to your employer, seeking medical attention, and keeping detailed records of all medical reports. These steps can help an investigation thus strengthening your claims and chances for compensation.
- Most workers’ compensation cases in Missouri settle without a hearing. If an agreement is not reached, a settlement conference with a judge may help clarify case value. All settlements must be approved by a judge at the Missouri Workers’ Compensation Commission.
- Claims must generally be filed within two years from the date of injury or death, with extended deadlines in certain situations, such as if the employer fails to file a report.
What is Workers’ Compensation?
Workers’ compensation provides aid to injured workers. This includes financial and medical benefits, covering medical bills, lost wages, and rehabilitation costs. Workers’ compensation protects employers from workplace injury-related lawsuits. Workers’ comp laws vary from state to state but its genera aim is to support workers in recovery and returning to work.
What are the Types of Workplace Injuries?
Workplace injuries encompass a broad range of physical harm employees encounter at work. While any injury can happen, the most common of injuries include the following:
- Strains: Strains are injuries to muscles or tendons caused by overexertion, awkward movements, or improper lifting techniques. They are one of the most common workplace injuries.
- Contusions: Contusions, commonly known as bruises, occur when blunt force impacts the body, causing damage to blood vessels beneath the skin. Lacerations: Lacerations are cuts or tears in the skin that often result from contact with sharp tools, machinery, or broken objects.
- Sprains: Sprains involve the overstretching or tearing of ligaments, which connect bones to each other at joints. Sprains have a lengthy healing process, which could impact one’s work and quality of life.
- Punctures: Puncture wounds occur when sharp or pointed objects penetrate the skin, causing localized damage.
Additionally, certain occupations expose workers to hazardous conditions that can lead to occupational diseases. For instance, healthcare personnel, sanitation workers, factory employees, and construction workers may face consistent exposure to dangerous substances or environments, increasing their risk of developing work-related illnesses.
What Should I Do In Case of Workplace Injury?
While accidents can leave you in a state of panic, every step you take is vital. Actions like seeking medical attention and prompt reporting of injuries to employers help your case. Injuries have varied healing durations and taking too long leads to companies thinking your injuries aren’t that serious
Avoid delays and get justice right on time with these steps to take after a workplace injury.
- Report the injury to your employer promptly: It is important to notify employers or any representative of the injury. Providing a notice within 45 days with details of the date and injury nature is helpful for your claim.
- Seek medical attention right away: Inform the doctor that your injury is work-related and provide your employer’s name. Follow all medical instructions carefully, as failure to comply could negatively impact your claim.
- Keep a record of all healthcare documents: Retain copies of all past and present medical reports related to your injury, as every document could be critical to your case.
- File an Application for Adjustment of Claim if necessary: If there’s a risk your employer might contest your claim, have a qualified workers’ compensation attorney file this form on your behalf.
- Ensure your employer reports the injury to their insurance company: The insurer will review your claim and issue either an approval or a denial.
- Consult a workers’ compensation lawyer: Contact a St. Peters Missouri workers comp attorney, to help you with claims against employers in both private and public sectors and secure the benefits you deserve.
What is Missouri’s Workers’ Comp Law?
Missouri’s Workers’ Compensation Law is designed to provide financial and medical support to employees who are injured or become ill due to their work. Under this law, workers are entitled to benefits such as medical treatment, wage replacement, and rehabilitation, without the need to prove fault. Employers are required to carry workers’ compensation insurance to cover these costs, ensuring a safer and fairer process for both employees and employers.
What is the Settlement Process in Missouri for Workers’ Comp?
Workers’ compensation cases in Missouri mostly settle without a hearing. If a mutual agreement can’t be reached, Missouri offers a dispute resolution process. This includes a settlement conference with a judge who clarifies case value.
All settlements must receive approval from a judge at the Missouri Workers’ Compensation Commission, with your attorney submitting a Stipulation of Compromised Settlement that outlines the key settlement details.
Settlements are rarely denied by the judge, but they may be rejected if they stem from fraud or undue influence, if the employee did not voluntarily agree, if the employee lacks understanding of their rights, or if the settlement conflicts with the rights of any party involved.
What is the Statute of Limitations for Workers’ Comp in Missouri?
In Missouri, the statute of limitations for filing a workers’ compensation claim is generally two years from the date of the injury or death, or from the date of the last payment made for the injury or death. If the employer fails to file a Report of Injury with the Division of Workers’ Compensation, the claim can be filed within three years from the date of injury, death, or last payment.
For claims against the Second Injury Fund, the filing deadline is two years after the date of the injury or within one year after a claim is filed against an employer or insurer, whichever is later.
Talk to a St. Peters Missouri Workers Comp Attorney Today!
Workers’ compensation exists to provide employees with financial and medical aid in injuries acquired at the workplace. Though varying from state-to-state, the principle stands the same. Whether the worker suffers from strains, fractures, or occupational hazard illnesses or injuries, workers’ compensation provides them with the help they need.
If you’re from Missouri suffering from a workplace injury, you need to talk to our St. Peters Missouri workers comp attorney today. Adams Law Group’s lawyer is equipped with knowledge and skill to help you get justice for your injuries.
Our attorney helps fight for clients and their families not only in the realm of workers’ comp but also in bankruptcy and social security. Adams Law Group services clients in the areas of St. Charles County and St. Louis County, helping them all get back on their feet.
Contact our St. Peters Mo workers’ comp attorney at Adams Law Group today for a free consultation.
