An on-the-job injury can leave you with lingering pain and uncertainty about your future. Since 1991, the Guirl Law Firm has helped injured workers get the compensation they deserve. When a dispute over a workplace injury threatens your ability to care for yourself and provide for your family, we are determined to fight for a favorable outcome. If you’ve come to this site searching for information, we’ve provided answers to some of the most frequently asked questions we get:
For a thorough assessment of your specific situation, call us to set up a free initial consultation.
For reliable legal assistance to recover workers compensation after a workplace injury or illness, call the Guirl Law Firm. Someone is here to answer 24 hours a day at 314-399-8051, or you can contact us online to schedule your free initial consultation.
You should report the incident to your employer immediately and get medical attention from an approved provider. Then you must file a workers compensation claim in a timely manner.
You have the right to appeal a denied claim with the Missouri Division of Workers’ Compensation, where the question will be decided by an administrative law judge. If you object to the judge's decision, you can bring a challenge before the Labor and Industrial Relations Commission within 20 days. If you object to the decision of the Labor and Industrial Relations Commission, you can take your case to the Missouri Court of Appeals.
Under Missouri workers compensation law, the employer chooses the healthcare provider. If an injured worker wants to use another provider, the worker must pay for those medical services.
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Your benefit amount depends on how severe your injury is, and whether it is permanent. Generally speaking, your wage replacement benefit is two-thirds of your average weekly wage, subject to statutory maximums. If you have a permanent disability, your benefit depends on what percentage of function you have lost and whether the injury prevents you from working. In cases of severe and permanent injuries, the insurance company may offer you a settlement. Settlement totals are generally lower than the total of benefits paid over time, but you would receive the payment sooner, either in a lump sum or scheduled installments.
Missouri companies with five or more employees are required to have workers compensation insurance or qualify to self-insure. If your employer breaks the law by failing to provide insurance, you can bring an action for personal injury, and recover the cost of medical care from the Second Injury Fund and .
No. Workers compensation also provides partial wage replacement when you are temporarily disabled, and permanent disability benefits if you can't do the same job, or cannot work at all. There are also survivor benefits for the dependents of fatally injured workers.
As long as the worker has an employer-employee relationship with the company, an on-the-job injury is usually covered. Workers’ compensation is a no-fault insurance plan: you are covered even if you are injured in an accident caused by your own negligence. However, there are exceptions for deliberate self-harm, drunkenness, horseplay, and other activities that violate workplace rules.
Repetitive stress injuries due to work activity and illnesses due to exposure in the workplace are covered.