Missouri Workers Compensation Attorney

Making a Claim for Workers' Compensation Benefits

 What are the procedures for filing a workers' compensation claim?

In the state of Missouri, employers are obligated to offer workers’ compensation insurance to their employees. Generally, an injured employee is entitled to benefits for work-related accidents. There are requirements an employee should comply with to receive these benefits.

Who Can File a Workers’ Compensation Claim?

Employees involved in work-related accidents can file a workers’ compensation claim. A spouse or dependents are not allowed to file the claim in behalf of the injured employee.

Death Benefits Are Exceptions

The workers’ compensation system allows spouses or dependents to file for benefits for work-related deaths. These benefits offer a stop-gap measure for the loss of income following the death of an employee. These benefits normally end upon:

• the remarriage or death of the spouse
• the death of the dependents

Payments Made For the Claim

Although a wide variety of workers’ compensation benefits are offered, employees involved in work-related accidents can receive:

• medical expense reimbursements
• full or partial payment of lost wages
• death benefits

Procedure for Claiming Benefits

1. Missouri workers' compensation laws require employees to provide a notification about the injury within 30 days. An employee may lose the right to receive benefits if the employer is not informed within the specified time period. If possible, an injured employee should inform the employer about the injury as soon as possible. Although no special form may be required to inform the employer or state agency about work-related injuries, some laws require written notices. The employer or state agency may also have a form for the employee to fill out. It is advisable for employees to provide a written notification and retain a copy for their records.

2. The employer will contact their insurance company, which may result in one of two things:

• Claim is approved. The employer and insurance company may approve the claim and provide a notice of compensation payable to the employee.
• Claim is denied. If the claim is denied, the employee can file a claim with the state workers’ compensation agency. The state provides a specific time period for employees to file claims. The time period may range from one month up to three years from the injury date. In occupational disease cases, the time period starts from the date when the disease is diagnosed.

Filing an Appeal

An employee can file an appeal if they feel they should receive more benefits or their claim was denied. The employer or insurance company can also file an appeal if they think the claim was too high or it should have been denied. Workers' compensation cases can become quite complicated. Consult with The Law Office of James M. Hoffmann at (314) 361-4300 to ensure that you get the right amount of compensation.

Filing a Workers' Compensation Claim

The workers' compensation process can become complicated and overwhelming. Do you need the help of a Missouri workers' compensation attorney?

Every year, millions of employees are injured at their workplace. They may have to bear substantial medical expenses and wage loss due to the injuries. There is a workers’ compensation system in place to safeguard the interests of injured employees. Under this system, injured workers may claim medical and wage loss benefits.

Although the system is designed for the benefit of injured workers, the process itself can become quite complicated and overwhelming. To navigate the process, it might be necessary to hire the services of a Missouri workers' compensation attorney who can handle the paper work, research, legal filings, interviews, and expert witnesses on your behalf. This leaves the injured worker free to focus on recovery, while the claim is handled by an experienced attorney.

The Need For Legal Advice

Although there is no legal requirement for you to have a lawyer, it is advisable to have one by your side so that your legal rights are protected. A Missouri workers' compensation attorney will tell you what to expect and what you can do to make your claim stronger.

How a Lawyer Can Help an Injured Employee

Each workers' compensation case is different and unique; however, a lawyer may offer the following services:

• Study your case, analyse the circumstances surrounding the case, and determine if you have a valid workers compensation claim.
• File the claim within the time specified by law.
• If required, find and seek help of expert witnesses.
• Communicate with the insurer.
• Navigate you through the workers' compensation process.
• File an appeal in case your claim is rejected.
• If the workplace injury was caused by a defective product, the lawyer may file damages against the manufacturer of the product.
• If the work-related injury has left you scarred on the head, neck, or face, the lawyer can help file claim for additional compensation.

If the injured worker is receiving other benefits such as Medicare, social security disability, or Medicaid, the lawyer can explain how these benefits can affect their workers compensation benefits

Call The Law Office of James M. Hoffmann at (314) 361-4300. Remember that your employer and the insurance company may not always act in the interests of the worker. The insurer may try to limit or decline the compensation to save money. We will help you receive the compensation that you deserve.