We are personal injury experts who have achieved results for our clients in Joplin for over 40 years.
Dedicated Joplin Workers Compensation Lawyers
You are likely entitled to workers’ compensation if you suffered a workplace injury. Most businesses in Joplin and other Missouri cities have Workers’ Compensation insurance.
Filing a worker’s compensation claim under Missouri workers’ compensation law against your employer is simply a request for benefits. Injured workers must not prove their employer was at fault to recover. The Joplin and St. Louis workers’ comp lawyers at our firm can help you know what kind of benefits you may receive under MO workers’ compensation coverage from insurance companies and your office. If you have suffered a work-related injury, we offer a free consultation.
Workers Compensation Claims
If you have been hurt on the job, you are (or will be) dealing with an experienced insurance company adjuster. Missouri workers’ compensation law is complicated, technical, and full of traps for the unknowing. We will represent you on a contingency fee basis. This means there is no attorney’s fee unless we recover your money or benefits. If you are injured on the job, here are some things you need to do:
- Report the workplace accident to your employer as soon as possible.
- Write down how the accident happened while it is still fresh in your mind.
- See your doctor as soon as possible and tell them that you were injured.
- Do not sign any documents from the employers or the insurance company without talking to a workers’ compensation attorney about it first. You may be signing away some essential rights.
- Call an experienced workers’ compensation lawyer.
If you have been injured and have questions about your workers’ compensation claim, contact our worker’s comp lawyers today for an initial free consultation. You can also visit our law firm for a confidential meeting. We do not charge for an initial consultation on the phone or office.
Workers’ Compensation Injuries
Workers’ Compensation injuries come in many forms. The injuries discussed below are just some workplace injuries that Missouri Workers’ Compensation may cover.
- Accidents caused by other workers
- An injury caused by defective equipment
- Injuries sustained on the job in a motor vehicle accident
- Work-induced Carpal Tunnel Syndrome
- Occupational Diseases
If unsure whether you have suffered an injury covered by Workers’ Compensation, call us at our Joplin MO office (417-695-5781), Toll-Free at 800-371-8220, or email us to set up a free initial consultation.
Workers’ Comp Benefits
In Missouri, employers must carry workers’ compensation coverage if they have five or more employees. However, employers must take workers’ compensation coverage even if they have just one employee in the construction industry.
Employers who have employees in the exempt categories or don’t have the required number of employees and choose not to purchase workers’ compensation coverage are exposed to civil lawsuits that can be brought by workers injured on the job.
Determining the full compensation benefits you are entitled to under Missouri Workers’ Compensation Law can be complicated. The determination can depend on your average weekly wage calculations, which can be challenging depending on the industry in which you work.
The insurance company’s adjuster will often argue that your workplace injury is not severe and will attempt to minimize your workers’ compensation benefits. We have been representing injured Missourians for 40+ years, and our attorneys know which workers’ comp benefits you are entitled to receive and how to get them for you. We provide answers to all the questions you might have. We will never take a fee for our legal services unless and until we obtain a settlement or award for you.
Missouri Workers’ Compensation Law Discrimination
The law prohibits employers from retaliating or discriminating against an employee for filing an MO Workers’ Compensation claim. Missouri’s Workers’ Compensation laws give employees a right to recover benefits for workplace injuries, and employers cannot discriminate or retaliate against employees for enforcing their legal rights. This law protects injured employees from being fired, demoted, or harassed for making workers’ comp claims.
Employers often try to discourage employees from making Workers’ compensation claims. That is especially true where employers are self-insured, meaning they pay the benefits out of their own pockets rather than having insurance. We have seen cases where employers reluctantly provide some required medical care and temporary benefits but will fire an injured employee if the employee pursues their full workers’ compensation benefits for permanent injuries.
Loss of Employment: What if I Cannot Return to Work?
The answer to this question involves several complicated issues. If you cannot return to work because of your work-related injury, you may be entitled to a weekly benefit of two-thirds of your average weekly wage, up to a maximum cap, for the rest of your life.
To be entitled to this benefit, you must be disabled from any employment. Suppose you are totally disabled because of a combination of a pre-existing disability plus the disability caused by your work-related accident. In that case, you may be entitled to the Second Injury Fund benefits. Generally, this benefit is two-thirds of your average weekly wage, up to the maximum cap, for the rest of your life.
Under Workers’ Compensation, you are not totally disabled simply because you cannot return to your old job. To be totally disabled under Missouri Workers’ Compensation Law, you must be disabled from all employment and not simply the work you had before the accident.
Civil Negligence Claims Against Your Employer or Fellow Employees
Generally, you cannot bring a negligence claim against your employer to recover for work-related injuries. However, there are limited circumstances in which a negligence action can be brought against the employer or fellow employees.
The most common circumstance in which an employer can be liable for negligence is if the employer has fewer than five employees and is, therefore, not covered by the Workers’ Compensation statute.
The other exceptions that allow a negligence suit against an employer or fellow employees are limited and complex. To be safe, you should always ask an experienced Joplin MO attorney if there is a possible negligence claim.
Second Injury Fund
If you had an injury or disability before you got injured on the job, you might qualify for additional benefits from the Missouri Second Injury Fund. The purpose of the Second Injury Fund is to encourage employers to hire and retain employees with disabilities.
An injured employee must have a permanent pre-existing disability to trigger the liability of the Fund. The prior disability must be “of such seriousness as to constitute a hindrance or obstacle to employment.” In some cases, the Second Injury Fund’s benefits can be substantial.
How Does the Second Injury Fund Work?
For example, an injured employee may be entitled to lifetime weekly benefits from the Second Injury Fund when a permanent total disability results from a combination of the employee’s pre-existing conditions and those caused by the current injury. In death cases, when the employer failed to obtain Workers’ Compensation insurance, the Second Injury Fund can be held responsible for death benefits to the employee’s dependents.
Nursing Accidents and Injuries
Nurses’ Workers’ Compensation claims are among the most common Workers’ Compensation claims. By this measure, hospitals are among the most dangerous places to work as far as work injuries.
Nurses are twice as likely to suffer a work injury than the average private industry worker. Recent reports recorded 58,860 work-related injuries annually in hospitals that caused missed work time. Nurses are on their feet for long hours, helping care for people who suffer from illness, diseases, and injuries.
Nursing is a rewarding job, but it can take a physical and emotional toll. Nursing assistants and orderlies suffer injuries almost three times the rate of construction laborers. Registered nurses have more back and arm injuries than all but four other occupations (according to Bureau of Labor Statistics data) including truckers and workers who lug heavy loads in warehouses. Some of nurses’ most common Workers’ Compensation claims are back injuries, slips and falls, and needle sticks.
Contact Us
