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Do Workers’ Comp Claims Favor Employer?

Webster & Carlton

Employers have insurers and legal teams to defend them in claims, which is why you need our Missouri workers’ compensation attorneys fighting on your side.

Workers’ compensation protects employees in the event of on-the-job accidents and injuries. However, make no mistake: It costs your employer and their insurer money every time they have to pay out benefits in a workers’ compensation claim. For this reason, you need an experienced Missouri workers’ compensation attorney fighting on your side.

Employers Hold Upper Hand in Workers’ Compensation Claims

Workers’ compensation is a federally mandated program that is implemented and funded individually by each state. Employers pay into the program so that workers are covered in the event of accidents, injuries, or occupational illnesses. In exchange, workers generally forfeit their right to sue for lost wages, medical costs, and other expenses. When an incident occurs, the employer submits a claim on your behalf, which is reviewed by the Missouri Division of Workers Compensation (DWC). It is this agency that will make the final decision on whether to approve or deny benefits. Employers do have a say in this process. Through their insurers and their legal teams, they can dispute your injuries, how they occurred, and your rights to benefits. The system does favor employers in that they have control over how and when your claim is filed and in disputing the circumstances involved. While you have the right to appeal a denied or disputed claim, the employer’s insurers will appear at these hearings, presenting their own evidence against you.

The Challenge of Obtaining Workers’ Compensation Benefits

In any situation in which a workers’ compensation claim is paid, it costs both the employer and their insurer time and money. Medical expenses can add up quickly and there is the issue of having to pay lost wages and benefits while also dealing with the loss in productivity while you are away from the job site. Workers often are not aware of how challenging it can be to obtain workers’ compensation until they are in a position in which they are counting on these benefits. Unfortunately, the U.S. Department of Labor reports that in Missouri, roughly one fourth of all workers’ compensation claims are denied. Despite the efforts of your employer and the people who work on their behalf, there are ways you can increase the odds of getting your claim approved:

  • Immediately report injuries to your boss or supervisor;
  • Make note of exactly how your injuries occurred and any witnesses at the scene;
  • Get medical attention and follow all your doctor’s instructions;
  • Respond promptly to all communications you receive;
  • Make sure all documents and forms are submitted within the required guidelines.

Get Help From Our Missouri Workers’ Compensation Attorneys

At The Law Firm of Webster & Carlton, we act as a strong legal ally on your side to help you get the workers’ compensation benefits to which you are entitled. If you suffer a job-related injury or illness, contact our Missouri workers’ compensation attorneys and request a free consultation immediately to get help in filing your claim.

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