St. Louis Workers’ Compensation Claims Explained
Employees injured at work have a right to three workers’ compensation benefits under the law:
- Medical care: You are entitled to reimbursement for the medical costs of the necessary treatments to cure your work injuries.
- Temporary wage replacement: You have a right to weekly payments while you are injured and unable to work.
- Permanent injury payments: You have a right to permanent total disability payments if you are injured and unable to work as a result of your injuries, or permanent partial disability payment if you are able to return to work.
Missouri’s workers’ compensation system is organized under the Department of Labor and Industrial Relations. Division of Workers’ Compensation handles the programs which make sure injured Missouri workers come back to work as quickly as possible and that they are provided for while recovering. This Division also ensures that those workers who can’t return to work get benefits that Missouri workers’ compensation laws allow.
If you file a workers’ comp claim, there are Missouri laws to protect you from retaliation or discrimination from your employer. Our workplace discrimination attorneys in St. Louis understands that the laws in Missouri give employees the right to recover compensation if they have been injured at work, and we represent clients in the event their employer impedes on this right by firing, demoting, or harassing them for making a claim.
Workers’ Comp Benefits in St. Louis, Missouri: What You Need To Know?
How Can a Workers’ Comp Lawyer Help Injured Victims Get Compensation?
Those who have been injured in a workplace accident in Missouri can have their world turned upside down. As these injuries can be severe, recovering from them and returning to life can take years and cost a considerable amount of money. An experienced St. Louis workers’ compensation lawyer from our law firm can help you get fair compensation for workplace injuries while protecting your rights.
Workers’ Compensation Benefits Available in St. Louis, Missouri
Depending on the injury sustained in the workplace in St. Louis, the benefits offered by the state of Missouri can vary (a workers’ compensation lawyer from our team is happy to explain). A person who suffers a back strain will receive different benefits from another person who lost a body part. Payments are also determined based on the recovery time. However, a St. Louis workers’ compensation lawyer can tell you that most cases calculate benefits using the worker’s average weekly wage.
Benefit payments in St. Louis, Missouri can occur in ways such as:
- Temporary partial disability benefits — assuming the person is able to continue working even partial hours, this method subtracts the new wage from the former, normal wage and gives two-thirds of that amount back to the person in recovery
- Temporary total disability benefits — a person unable to return to work receives two-thirds of their weekly wages until they can return to work
- Permanent partial disability benefits — as above, those who suffered injuries that prevent them from returning to work receive two-thirds of their weekly wage, available as lump sum payments if desired
- Permanent total disability benefits — this payment is a lifetime benefit of two-thirds of the wage at the time of the injury, available in a lump sum if desired
Bear in mind, that it’s crucial to immediately report a workplace injury to a supervisor or employer. Failure to report your injury within 30 days may jeopardize your ability to receive workers’ comp benefits.
If your employer doesn’t want to provide a form for you to complete, take a piece of paper and write everything out, including what happened, time and place, as well as the date and the nature of the injury. If you hand-deliver a workplace injury notice, keep a record of the full name of the person you delivered it to and the date when that occurred.
A Lawyer Can Help You Understand Your Rights in St. Louis, Missouri
Workers’ compensation is not a handout: Some of our clients are uncomfortable about filing workers’ compensation claims because they think of workers’ compensation as a “handout.” It is not. Workers’ compensation is an insurance benefit required by law as a bargain between employees and employers.
Employees in St. Louis, MO, have few legal protections. Employees cannot sue their employers in court for negligence, and employers can fire employees for (almost) any reason, including when a work injury leaves them unable to work. The trade-off is that employees in St. Louis are protected by workers’ compensation which provides them medical bills reimbursement, temporary wage replacement, and compensation for permanent injuries suffered on the job. It is one of the few protections for American workers.
Missouri workers’ compensation laws require that most businesses carry worker’s compensation insurance, intended to protect employees if they are injured on the job. In fact, every business that has five or more employees must have this type of insurance coverage. Although there are some exceptions, an injured worker usually has the right to pursue a worker’s comp claim.
Don’t fear having a lawyer file a workers’ compensation claim: It is against the law for your employer to fire you for filing a workers’ compensation claim. After all, if employers try to discourage workers from filing claims, the employer is evading its part of the “bargain” and its obligation to injured workers.
While we understand fears of filing, it is important not to let them stop your Missouri workers’ compensation attorney from filing an injury claim when injured on the job.