As Missouri workers' compensation lawyers, we know the aftermath of
an on-the-job injury can be overwhelming and confusing for injury victims
and their loved ones. On top of dealing with the physical and emotional
trauma of the injury, victims and their families are often dealing with
numerous concerns and questions: it can be hard to know where to begin.
In this post, we discuss five questions we commonly hear from injured workers.
1. How do I know if I have a workers' compensation claim?
If you've been injured in the course and scope of your employment, you may be entitled to workers' comp benefits. Every Missouri employer with five or more employees is required to carry workers' compensation insurance, and employers in the construction industry are required to carry insurance if they have one or more employees. However, you must report the injury to your employer within 30 days or you could become ineligible for benefits. In addition, Missouri law allows the employer the right to choose the treating physician, so if you need medical treatment, you should tell your employer immediately.
2. What if I have to miss work because of my injury?
If your injury causes you to miss more than three regularly scheduled work days, you may be eligible for temporary total disability (TTD) benefits to compensate you for your lost wages. TTD benefits are based on two-thirds of your average weekly wage prior to your injury. If you're able to return to your job, but at modified duties or reduced pay, you may be eligible for temporary partial disability benefits.
3. What other kinds of benefits are available through workers' comp?
The Missouri workers' compensation system provides benefits that include medical care, lost wages and permanent disability benefits. Permanent partial disability benefits are available to employees who can work in some capacity, but whose injuries limit their ability to perform certain tasks. Permanent total disability benefits are awarded to employees who can no longer work at any job.
4. What if my employer (or the insurance company) wants to settle my case?
Be advised that accepting a settlement will close your case entirely: your employer will not be responsible for any future medical treatment or compensation. If you are still being treated for your injuries - or if you recently had a major surgery - your claim is not yet ready to settle. Before you accept a settlement, your doctor will need to rate your injury and assess the total scope of its impact on your life. Just because you are offered a settlement doesn't mean you have to accept it.