Missouri Workers’ Compensation Claims

Workplace accidents were responsible for more than 4,000 deaths in 2013 alone. According to the Federal Occupational Safety and Health Administration (OSHA), 20% of all workplace deaths occurred in the construction industry. The Missouri Department of Labor and Industrial Relations reports that Missouri saw 113 workplace deaths, with the majority occurring as the result of transportation incidents. The U.S. Department of Labor reported that 58,000 non-fatal workplace occupational injuries and illness were reported in 2013.

The Missouri Department of Labor and Industrial Relations and the U.S. Department of Labor also reports the following Missouri workplace accident statistics:

  • Of the 113 fatal workplace accidents, 106 were men.
  • The private industrial sector was responsible for the most workplace deaths.
  • The private industrial sector was also responsible for the most workplace injuries and illness.
    • Workers 45 to 54 years of age represented 35.6% of the injuries and illnesses.

In Missouri, an injured worker may be entitled to both disability and medical benefits. The amount of any benefit takes into account whether the injury was temporary or permanent and the body part involved. Missouri workers’ compensation claims are often handled by your employers insurance company, which is why you should always hire a worker’s compensation lawyer to ensure you have someone protecting your interest.

Does My Employer Carry Worker’s Comp Insurance?

Employers with 5 or more employees are required to carry worker’s compensation insurance for their employees. There are certain occupations that do not fall under the Missouri worker’s compensation law, some of which include:

  • Servants in a private home
  • Certain real estate agents and direct sales jobs
  • Volunteers for tax-exempt organizations
  • Inmates

Despite not being mandated to carry workers comp insurance, many of these organizations often do carry a work comp policy to protect their workers.

How to File a Missouri Work Comp Claim

If you were injured in a workplace accident in Missouri, you must notify your employer within 30 days of your injury or you may be prevented from bringing a work comp case. Your notification to your employer must include the following:

  • Place and time of your injury
  • Date
  • Nature of the injury
  • Name and address of injury victim

If your employer does not provide you with a form, the Missouri Department of Labor and Industrial Relations, Division of Workers’ Compensation provides a form to report your workplace accident. As with any injury case, it is critical that you keep a copy of all documents for your records. The time sensitive deadlines involved make it a safe practice to save a copy of everything so no one can dispute when a document was delivered.

After you have reported your injury, your employer will have the right to send you to their medical providers for an examination and treatment. These providers are hired and paid by your employers’ work comp insurance company. For this reason, their opinions are not always in the best interest of the injured worker. The doctor being paid by your employers’ insurance company has an interest in obtaining repeat business by telling the employer the employee is fine, thereby minimizing any settlement. However, an injured worker has the right to dispute these findings and be compensated for the full extent of their injury.

Missouri Workers’ Compensation Lawyer

Our legal team has helped recover over $35,000,000 for injury victims through judgments, verdicts and settlements. Our attorneys for workers’ compensation will fight to make sure your work comp settlement provides reimbursement for all of your harms and losses. Our lawyers for workers’ compensation offer FREE Consultations for all injury victims. Call today (314) 409-7060 to speak to a Top 100 Trial Lawyer.

 

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Reach out to Chris Dixon for personal injury, workers compensation, product liability, and other legal services for experienced, reliable counsel and representation in St. Louis.

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