Missouri Workers Compensation Process
The St. Louis Workers Compensation Attorney at The Gogel Law Firm knows that the Missouri workers’ compensation system can be confusing to injured workers and their loved ones. I want to address a few questions we often get regarding the Missouri Workers Compensation System.
Q: When should I file a workers’ compensation claim?
A: First, there is a difference between notifying your employer of an injury, and filing a workers compensation claim. If you are injured in the course and scope of your employment, you must report the injury to your employer (preferably in writing) as soon as possible. Failing to inform your employer within 30 days following the injury could cause you to lose your case.
After you notify your employer, your employer must then file a Report of Injury with the Missouri Division of Workers’ Compensation. An employee must file a workers’ compensation claim separately to the Missouri Division of Workers’ Compensation. An employee’s claim must be filed within two years following the date of injury, or the date the last payment was made on account of the injury (unless the employer failed to submit a Report of Injury in a timely manner, in which case the employee has three years from those dates to file a claim).
Q: Will I lose my job if I file a workers’ compensation claim?
A: Under Missouri law, employers are prohibited from firing an employee solely because the employee is pursuing his or her workers’ compensation rights. If you believe you were fired, demoted, suspended or disciplined by your employer solely because you filed a workers’ compensation claim, you should speak with an attorney. Depending on the circumstances, you may have grounds for a wrongful termination lawsuit.
Q: What if I can’t return to work because of my injury?
A: Injured employees who are unable to return to work in any capacity may qualify for permanent total disability (PTD) benefits. If your injury limits your ability to perform certain tasks, but you are still able to work in some capacity, you may be entitled to permanent partial disability (PPD) benefits. Other benefits available may include temporary total disability (TTD) benefits (if you are temporarily unable to return to work while recovering from your injury) and temporary partial disability (TPD) benefits (if you return to work on restricted or modified duty at less than full pay).
Q: Do I need to hire a workers’ compensation attorney?
A: Workers’ compensation claims can present numerous complications, especially when an injury results in disability or requires long term medical treatment. A St. Louis Workers Compensation Lawyer can review the unique factors associated with your claim and ensure that your rights and interests are represented. At The Gogel Law Firm, our St. Louis Work Comp Attorney offers a free initial consultation, so it won’t cost you anything to speak with an experienced and aggressive St. Louis Work Comp Lawyer to find out more about your legal options.