Independence Workers’ Compensation Lawyer
Injured on the Job? Let’s Obtain the Maximum Compensation for Your Injuries.
Missouri’s Division for Workers’ Compensation in the Department of Labor allows employees injured on the job to file a claim for compensation. You can recover a range of damages, from lost wages to disability benefits. Wrabec Law, P.C. can help you evaluate your eligibility for workers’ compensation and guide you through the filing process. Whether you have suffered some involuntary time off work due to an injury incurred on the job or a temporary or permanent disability, Missouri’s workers’ compensation laws are meant to protect you.
Steps for Filing a Claim
Workers should follow these steps to obtain workers’ compensation:
- Report their injury immediately to their employer within 30 days. Failure to report the injury may impact the ability to obtain compensation.
- Receive medical treatment to relieve the injury from their employer or insurer.
- Determine which benefits they are eligible for – temporary total disability benefits, permanent partial disability benefits, or permanent total disability benefits.
- File a claim if the employer has not appropriately compensated them for their injuries.
If the injured worker is not satisfied with the court’s damage award for them, they may appeal the decision within 20 days of the decision.
Note that a worker should first address their employer about the injury and remedy before filing a workers’ compensation claim. If the employer has not provided the amount of compensation the employee believes they deserve, they may proceed with a Claim for Compensation filed with the Division for Workers’ Compensation. Once they file the claim, an administrative law judge will hold a hearing to determine the damage award based on the case.
It is critical that an injured worker file their workers’ compensation claim within 2 years of the date of the injury or within 3 years if the employee did not file a report of the injury with the Division for Workers’ Compensation. The court will be unlikely to hear the case if these statutes of limitations have passed.
Let an experienced trial lawyer build your case for maximum compensation as you file a claim for workers’ compensation. Contact Wrabec Law, P.C. for a free consultation.
An employee who has been injured while performing their work duties may be entitled to medical and other benefits, including:
- Temporary total disability (TTD) – an injured worker who is unable to return to work or must take time off to heal may be entitled to TTD, or payment for their lost wages, until their physician says they may return to work or their treatment has concluded
- Permanent partial disability (PPD) – if the work injury affects the employee’s ability to do certain tasks but they are still able to otherwise work in other capacities, they may receive a lump-sum payment based on the nature and extent of their disability
- Permanent total disability (PTD) – if the employee is no longer able to work any job due to their injuries, they may be entitled to weekly payments for life from their employer and insurer (or they may negotiate a lump-sum settlement instead)
A worker who has died due to a compensable work injury may entitle their surviving family members to weekly benefits from the employer or insurer, as well as up to $5,000 for funeral expenses.
If it is found that an employee is permanently, totally disabled or deceased due to an occupational disease caused by toxic exposure in the workplace, the employee or their surviving spouse or children may also receive enhanced benefits including:
- an amount due to them during their life based on an award of PTD and death;
- 200% of the state average weekly wage as of the date of an occupational disease diagnosis for 100 weeks;
- 300% of the state average weekly wage for 212 weeks if the disease diagnosed is mesothelioma.
Workers’ compensation claims can be confusing to handle, especially when you are grappling with a serious injury. It is best to work with an experienced lawyer on your case, as your attorney can help you determine what benefits you are eligible for and perform all the required steps for filing your claim. While reporting your injury may bring you some remedy, a workers’ compensation claim might help you obtain the full and maximum amount of compensation you deserve. Wrabec Law, P.C. can lend a supportive hand by guiding you closely through every step of the process and making sure you are never left to deal with the legal complexities on your own.
Schedule a free consultation with Wrabec Law, P.C. today to get started on your claim. Se habla Español.
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