Workers' compensation is required by Missouri law and is designed to protect workers who are injured on the job. The workers' compensation system in Missouri is governed by provisions set out in Missouri Revised Statutes, and the general provision on who is covered by this law is found in Section 287.120. This blog post seeks to provide an explanation of workers' compensation, its purpose, the statute of limitations for filing a claim, and how the system works.
What exactly is workers' compensation?Workers' compensation is a state-mandated, "no-fault" insurance system that promises to provide workers with payments if they are injured on the job. This system exists to pay for insurance or company-approved medical care and benefits while off work, as well as settlement benefits based on ratings for injuries sustained in workplace incidents. Employers gain immunity from lawsuits brought by employees for workplace injuries in exchange for these benefits.
The Purpose of Missouri Workers' Compensation LawsThe fundamental goal of Missouri's workers' compensation law is to protect and support workers who are injured while doing their job duties. These laws provide a no-fault system, which means that employees can get benefits regardless of who is to blame for the accident or injury. Workers' compensation has its own process, judges, and process for getting compensation. There are certain circumstances where work comp does not apply. These job-related exceptions and exemptions are provided for in part in Missouri Revised Statutes Section 287.090.
Workers' Compensation Statute of Limitations
It is critical to understand the statute of limitations in Missouri to submit a workers' compensation claim. In most cases, injured workers must file their claim within a certain time frame to be eligible for benefits. The statute of limitations in Missouri for making a workers' compensation claim is usually two years from the date of the incident.
However, you need to discuss the statute of limitations with an attorney because it can sometimes get complicated. For example, sometimes it can be 1 year from the last payment made or 3 years from the date of injury or death or the last payment made by the insurer on account of the injury or death if the employer does not timely file a Report of Injury.
Examples of Work-Related InjuriesWork-related injuries can range from simple mishaps to catastrophic accidents that leave workers disabled. Here are a few examples of common work-related injuries:
- Slip and Fall: Injuries caused by slipping, tripping, or falling on damp flooring, uneven surfaces, or debris.
- Repetitive Strain Injuries: Conditions caused by repetitive movements or overuse of specific body parts, such as carpal tunnel syndrome, tendonitis, or bursitis.
- Struck by an Object: Injuries caused by falling, rolling, or being hurled objects, resulting in concussions, fractures, or other bodily harm.
- Machinery Accidents: Injuries caused by machinery or equipment, even defective equipment are examples of machinery accidents.
- Occupational Illnesses: Health issues caused by extended exposure to hazardous substances or situations, such as asbestos-related respiratory difficulties.
How does workers' compensation work?Workers' compensation follows a well-defined procedure to ensure that injured workers receive benefits. Here's a step-by-step guide:
- Report the Injury: Notify your employer as soon as possible about the injury. Failure to report within the specified timeframe may result in the loss of claim or benefits.
- Seek Medical Attention: Seek medical attention from a licensed healthcare provider. Your employer or their insurance provider may have certain requirements for medical providers.
- Record the Incident: Keep meticulous notes of the accident, injuries, medical reports, and any connected expenses. These documents will be extremely important during the claims procedure.
- File a Claim: Navigate the difficult claims procedure with the help of a skilled workers' compensation attorney. They will help you acquire the appropriate documentation and preserve your rights.
- Benefit Evaluation: To decide the benefits you're qualified for, the workers' compensation system considers the amount of your injuries, medical bills, lost wages, and any permanent disability.
- Distribution of Benefits: If your claim is successful, you will be compensated for medical expenditures, a percentage of lost wages, and maybe additional benefits for permanent disability.
For Your Work-Related Injury, Contact Aaron Sachs & AssociatesNavigating the workers' compensation system after being injured at work can be difficult. Aaron Sachs & Associates' professional team is here to assist you throughout the process. They will fight for your rights and guarantee you receive the compensation you deserve because of their knowledge of work injury law.
Contact Aaron Sachs & Associates immediately to schedule a free consultation and receive the assistance you require for your workplace accident. Allow their knowledgeable attorneys to walk you through the complexity of the workers' compensation system.