Many people put their bodies on the line every day to put food on the table for their families. Sometimes, these individuals suffer serious injuries through the fault of no one else. The injury just occurred as a result of the nature of the job.
Our workers’ compensation laws are designed so that your employer has to help bear the burden of these “no fault” injuries. Employers must provide their injured employees with medical care, monetary compensation while they are off work recovering from their injuries and additional monetary compensation for any permanent disabilities.
However, our workers’ compensation system does not always work as designed. Employers and workers’ compensation insurance companies may refuse to provide you medical treatment, refuse to pay you for your time off work, downplay the seriousness of your injuries, allege your injuries occurred somewhere other than work and generally try to scare you out of making a workers’ compensation claim. Your employer will have a lawyer working on its side, and an attorney on your side can help make sure the system works as it should.
When an employee is injured in the line of duty, they are often entitled to workers’ compensation benefits. Workers’ compensation is a system that provides employees with medical care and financial assistance when they are injured or become ill as a result of their job.
The types of injuries that Missouri workers’ compensation covers can be generally broken down into three categories:
Injuries that occur as a result of the nature of the job are those that are simply inherent in the type of work that you do. For example, if you are a construction worker and you fall off of a ladder, your injury would likely be covered by workers’ compensation. If you are a cashier and develop carpal tunnel syndrome from constantly typing in prices, your injury would also likely be covered by workers’ compensation.
For the second category, the types of accidents that are covered by Missouri workers’ compensation include:
For the third category, many people who work desk jobs are susceptible to injuries that occur as a result of repetitive motions. These types of injuries can include carpal tunnel syndrome, tendonitis and other chronic conditions.
No matter how your injury developed, the St. Louis workers’ compensation lawyers at Niemeyer, Grebel and Kruse can help you file a claim for benefits and guide you through the process. We know what needs to be done to ensure you receive the medical care and financial assistance you deserve under the law.
As we mentioned above, workers’ compensation is a “no fault” system. This means that injured employees are entitled to benefits regardless of who was at fault for the accident.
You do not have to prove that your employer was negligent in order to receive benefits. Rather, the workers’ compensation system is designed to provide you with medical care and financial assistance when you are injured or become ill as a result of your job.
In order for an injury to be covered by workers’ compensation, it must have occurred at work. This means that you cannot file a claim for an injury that happened outside of work, no matter how bad the injury might be.
In order to file a claim for benefits, you will need to follow the following steps:
Once you have filed a workers’ compensation claim, the Missouri Division of Workers’ Compensation will review your case and determine whether you are eligible for benefits.
If your claim is approved, you will receive medical care and financial assistance to help you recover from your injury.
Missouri workers’ comp recipients are eligible for the following types of compensation:
The amount of these benefits is calculated based on Missouri’s average weekly wage. This figure is based on the average weekly earnings of all employees in Missouri. The Division of Workers’ Compensation will use this figure to determine how much money an injured employee should receive in benefits.
Injured employees should keep in mind that the average weekly wage changes over time. If you are receiving workers’ compensation benefits and, for example, inflation causes the cost of living to rise, your benefits should also increase.
It’s important to note that workers’ compensation does not cover non-economic damages, which are damages that are not related to medical expenses or lost wages. Non-economic damages can include pain and suffering, emotional distress, and loss of companionship.
This means that injured employees are not able to receive compensation for these types of damages in a workers’ compensation claim.
After suffering an injury at work, many people find themselves feeling stressed and overwhelmed. This is understandable, as suddenly you are dealing with bills, doctor’s appointments and a loss of income. It can be difficult to know where to turn for help.
That’s where a St. Louis personal injury attorney comes in. A personal injury attorney can help you file a workers’ comp claim and navigate the complex workers’ compensation system.
From the moment we begin working together, the workers’ compensation attorneys at Niemeyer, Grebel and Kruse will assist you by:
If your claim is denied, our St. Louis workers’ compensation lawyers at Niemeyer, Grebel and Kruse can help you appeal the decision. We have helped many clients successfully overturn a denial of benefits and get the financial assistance they need. Call us today for a free case review –314-241-1919
While the workers’ compensation system seems straightforward, sometimes things can go wrong.
Claims are sometimes denied outright. There are a number of reasons why an injured worker’s claim might be denied. Some of the most common reasons are:
However, even if your claim isn’t denied, it’s possible that you might be awarded less compensation than you need.
There are a number of reasons why an injured worker might not be awarded fair compensation. One reason is that the average weekly wage used to calculate benefits may not reflect the current state of the economy. This can mean that injured employees receive less money in benefits than they need to cover their costs.
Another reason an employee might be awarded less benefits than they need is if they are unable to work in their previous occupation. In some cases, the injured employee’s doctor might deem them unable to return to their previous job, but be able to work in a different occupation.
If this is the case, the Division of Workers’ Compensation will award the injured employee with “partial disability” benefits when they should instead receive “total disability” benefits.
If your workers’ compensation claim is denied, it is important to speak with an attorney who can review your case with you and help you seek maximum compensation.
Under Missouri’s workers’ compensation laws, if you accept workers’ compensation, you must waive your right to sue your employer. However, if a coworker, contractor or manufacturer was responsible for your injuries, you might be eligible to seek compensation from them.
Let’s examine one quick example. A construction worker uses a piece of heavy machinery on the job site, and in the course of normal use, the heavy equipment fails catastrophically and injures him.
In this case, it’s very likely that the worker has grounds for a product liability suit against the manufacturer of the machinery. He may file for and obtain workers’ compensation to cover lost wages as well as medical bills, and then he may seek additional compensation against the manufacturer of the machinery for:
While the workers’ compensation system requires workers to report their injury to employers within 30 days of the accident and formally file their claim within two years, workers have five years under Missouri law to file a personal injury lawsuit against a negligent third party.
While this might seem like a long time, the wheels of the justice system move slowly. If you feel you might have grounds for a lawsuit against a third party in your injury, it’s important to speak with a St. Louis personal injury attorney as soon as possible.
Your attorney will review the details of your case with you and advise you on the best route forward, and then, they can help gather evidence, file your suit and handle communication with insurance companies and opposing attorneys.
Workplace injuries are unfortunately quite common in Missouri. According to the Missouri Department of Labor, there are roughly 100,000 workplace accidents resulting in injury per year in Missouri. This results in over $2.5 billion in lost wages and over $378 million in medical costs every year.
If your claim is denied, our St. Louis workers’ compensation lawyers at Niemeyer, Grebel and Kruse can help you appeal the decision. We have helped many clients successfully overturn a denial of benefits and get the financial assistance they need. Call us today for a free case review –314-241-1919
The most common types of workplace injuries are:
If you have been injured on the job, it is important to seek medical attention immediately and then speak with an attorney about your options.
Workers’ compensation claims can be complex, and it is important to have an experienced lawyer on your side. The St. Louis workers’ compensation attorneys at Niemeyer, Grebel and Kruse have been helping injured workers throughout Missouri and Illinois file workers’ compensation claims for over 25 years.
Our attorneys have handled thousands of cases and can bring that experience to bear throughout your case.
We have successfully recovered over $700 million for our clients.
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Our team is available 24/7 to address your concerns and provide support.
Trust us to get you through the frustrating process of seeking compensation with empathy, respect, and dedication.
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