Your workers compensation claim may be denied if your employer or the doctor they send you to says that your injury is not work-related.
If you are injured at work in Missouri, you may be entitled to workers’ compensation benefits. However, your claim may be denied if the doctor says that your injury is not work-related. This can prevent you from getting the compensation you desperately need. Let’s discuss what options you have if you find yourself in this situation.
Does Your Employer Have Workers Compensation Coverage?
Not every business in Missouri has workers’ compensation coverage. Any employer in Missouri with more than five employees and any construction employer with any number of employees is generally required to maintain workers’ compensation coverage. The state of Missouri maintains a web portal where you can check to see if your employer offers workers compensation coverage. You can look up your employer here.
What To Do If You’ve Been Injured
First, you need to report the injury immediately to your employer. Failure to do so within 30 days can prevent you from receiving workers’ compensation coverage. It is highly recommended that you deliver the notice in writing, providing the time, date, location, and details of the injury. You should save a copy of this for yourself as well.
Why Injury Reports Don’t Always Get Filed
Unfortunately, some employees may not want to report an injury for fear of facing workers’ compensation retaliation (being penalized at work or losing their job). They may opt to work through the pain instead. And a supervisor may not want to file a report either – it might make them look bad and cost the company money. It could also be tough to pinpoint the exact day and time the injury occurred if an injury took a while to show up (like a degenerative disc from physical labor).
What if My Employer Denies It’s Workplace Related?
Fortunately, the state of Missouri has laws in place to protect workers and ensure they receive compensation for workplace injuries. Missouri Workers Compensation laws require employers to file an injury report with the Division of Workers Compensation. On your end, you should notify your employer in writing of the injury as soon as you become aware of it. If your supervisor refuses to file an injury report, notify his boss. Make sure always to keep a copy of these written interactions. If you are entitled to damages from a workplace injury, don’t let your company claim otherwise.
Speak With an Experienced Workers Compensation Attorney
Ultimately, it’s a good idea to speak with an experienced workers compensation attorney to ensure your legal right to compensation is protected after an injured. This is especially important if your employer or the doctor persists in saying your injury is not work-related. At the Law Office of James M. Hoffmann, we have collected over $50,000,000 on behalf of injury victims in Missouri. Give us a call today at (816) 399-3706 for a FREE case evaluation.
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