Top 10 Questions Answered About Workers’ Compensation in Missouri

Discover key aspects of Missouri’s workers’ compensation – learn about your eligibility, the claims process, and how to secure your benefits after a work injury.

1. What is Workers’ Compensation?

Workers’ compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment. In Missouri, this system aims to ensure that injured workers receive timely medical care and financial support without the need for litigation.

2. Who is Eligible for Workers’ Compensation in Missouri?

Workers’ compensation insurance covers most employees in Missouri from the first day of employment. This includes part-time, full-time, and seasonal workers. However, there are exceptions, such as independent contractors, who may not be eligible.

3. What Types of Injuries are Covered?

Workers’ compensation covers injuries that occur while performing work-related duties. This includes traumatic physical injuries, repetitive stress injuries, and occupational diseases. Injuries sustained during breaks, lunches, and while commuting may not be covered.

4. How Do I File a Workers’ Compensation Claim in Missouri?

To initiate a claim, you must report your injury to your employer as soon as possible. Your employer should then notify their insurance company and file a claim with the Missouri Division of Workers’ Compensation. It’s essential to document your injury and treatment thoroughly.

5. What Benefits Can I Receive?

Benefits typically include medical care for your injury, wage replacement benefits, and, if applicable, compensation for permanent disability. The medical benefits cover necessary and reasonable medical treatment, surgery, and rehabilitation. Wage replacement benefits are a portion of your regular wages and are provided if you are unable to work due to your injury.

6. Can I Choose My Own Doctor for Treatment?

In Missouri, your employer or their insurance carrier generally has the right to select the healthcare provider. However, you may be able to change doctors under certain circumstances, but it requires approval from your employer or their insurer.

7. What If My Claim Is Denied?

If your workers’ compensation claim is denied, you have the right to appeal the decision. The appeal process involves filing a claim with the Missouri Division of Workers’ Compensation and potentially attending a hearing. At this stage, legal guidance is especially crucial.

8. How Long Do I Have to File a Claim?

In Missouri, you must report your injury to your employer within 30 days. The formal claim for workers’ compensation benefits should be filed within two years from the date of the injury or the last payment of compensation, whichever is later.

9. Can I Be Fired for Filing a Workers’ Compensation Claim?

It is illegal for an employer to terminate an employee solely for filing a workers’ compensation claim. If you believe you have been retaliated against for filing a workers comp claim, it is advisable to seek legal advice.

10. Why Should I Consider Contacting a Lawyer?

While not mandatory, consulting a lawyer can be helpful, especially in complex cases or if your claim is denied. A lawyer can guide you through the process, protect your rights, and help you receive the full benefits you are entitled to.

Missouri Workers Comp Lawyers

Understanding workers’ compensation in Missouri is crucial for anyone who has faced a workplace injury. While this guide answers common questions, every case has its nuances. For more detailed information or if you’ve been injured at work, consider contacting the Law Office of James M. Hoffmann for a free case evaluation. Our team is here to assist you through every step of your workers’ compensation claim.