Anyone who is injured or becomes sick while performing their duties at the workplace is entitled to workers compensation.
Injured employees can seek medical benefits and wage loss benefits under workers compensation. Kansas City Missouri workers compensation lawyers believe that many employees are injured at the workplace every year, but not many of them are aware of their rights, and how their case would proceed. So here is a quick guide explaining the standard workers compensation process and how a workers compensation case proceeds.
The First Step – Notify the Employer
Kansas City Missouri workers compensation lawyers inform us that the first step in the process is notifying the injury to the supervisor or the employer. The moment an employee suffers an injury at the workplace, he should immediately report it in writing to the employer. Any delay would jeopardize their chances of getting workers compensation.
Various Kinds of Benefits
Missouri workers compensation law offers various kinds of benefits to employees injured at the workplace. As per the law, the insurance company or the employer would pay all the medical expenses for the treatment of the injury. The employer will have the right to choose the health care provider for the treatment of the injured employee. In case the employee chooses to receive treatment from a doctor of their choice, they will have to bear all the expenses themselves.
Under the Missouri workers compensation system, the injured employee will be entitled to total temporary disability benefits for the time that they are not able to get back to work. The doctor will decide how long you need to be off work, and the moment the doctor feels you are fit to get back to work, your temporary total disability benefits would stop.
Another kind of benefit offered by the Missouri workers compensation system is the partial or total permanent disability benefit. Anyone who has become totally disabled and would not be able to return to work at all will be entitled to permanent total disability benefits. However, if you have become totally disabled, but can return to a work of different and a lighter nature, you will be entitled to partial total disability benefits. In case of permanent and total disability you will be eligible to receive workers compensation benefits for the rest of your life.
Second Injury Benefits
There are cases when an employee’s previous injury becomes aggravated due to a fresh work-related injury causing an increased disability. In such cases, the injured employee will be eligible for second injury fund benefits that may include medical benefits, second wage loss benefits, or physical rehabilitation.
The employer is required to submit the first injury report in the Missouri division of workers compensation. The employee or his Kansas City Missouri workers compensation lawyer would be required to file workers compensation claim with the Missouri division of workers compensation. After a claim has been filed, a hearing will be held before an administrative law judge.
It is important that an employee consults with The Law Office of James M. Hoffmann at (816) 399-3706 before signing any settlement offered by the employer’s insurance carrier.