Jasper County, Missouri Workers’ Compensation
Dedicated Jasper County Workers' Comp Lawyers
Understanding the process of filing a workers’ compensation claim if you have been injured while at work is an essential part of ensuring that you are compensated for your injuries. At The Law Firm of Webster & Carlton, our Jasper County workers’ comp attorneys can guide you through the process and help you to understand your right to benefits.
Workers’ Compensation: What Is It and Who’s Covered?
Workers’ compensation is a type of insurance system that provides workers with no-fault benefits (workers do not have to prove fault for their injuries, nor are barred from benefits if they contributed to their injuries) in exchange for employer immunity (workers cannot file a lawsuit against an employer following a workplace crash).
Workers’ compensation insurance is mandatory for the majority of employers in Jasper County to carry. In fact, any employer with five or more employees and all employers in the construction industry with one or more employees are required to maintain workers’ compensation insurance.
Benefits Available Through Workers’ Compensation
An employee who is injured on the job is entitled to benefits to compensate them for their medical costs, and even a portion of their lost wages. These benefits include:
- Medical benefits. A worker is entitled to 100 percent compensation for all necessary and reasonable medical expenses.
- Disability benefits. A worker may recover temporary total, temporary partial, permanent partial, or permanent total disability benefits. These benefits are paid at a rate of 66 ⅔ the injured worker’s average weekly wage prior to the injury.
- Death benefits. If a workplace injury results in death, the injured worker’s family may be entitled to death benefits in the form of weekly benefits, as well as funeral expenses.
Filing a Claim – Steps to Take after a Workplace Injury
If you are injured while working, taking the necessary steps to bring forth a claim helps to ensure you recover the benefits you need. Important steps to take include:
- Report your injury. If you do not report your injury within 30 days of its occurrence, you may forfeit your right to compensation.
- Get medical care. Once you report your injury (or before if you need emergency care), you should get medical care. Be sure to check to make sure that the doctor from whom you are seeking care is covered by your workers’ compensation insurer.
- Check on the status of your claim. While your employer is responsible for reporting your injury to your insurer and initiating the claims process after receiving notice from you, it is your responsibility to check on the status of your claim (and ensure it has actually been initiated). Once you are offered a settlement, you should review it to ensure that you have received all benefits due to you. If not, you should consult with an attorney, who can help you to review your options.
Jasper County Worker's Comp Lawyers Representing You
At The Law Firm of Webster & Carlton, our Jasper County workers’ compensation attorneys have the experience you’re looking for, and are very familiar with the workers’ compensation claims process. Not only can we assist you in filing your claim and understanding your right to benefits, but also represent you when negotiating a claim or appealing a denied claim. To learn more, contact us today for your free consultation. It’s easy to get in touch with us by phone or email.
Experienced FirmWith over 48 years of collective legal expertise, the legal professionals at Webster & Carlton, specializing in workers' compensation, are dedicated to navigating the complexities of Missouri's workers' compensation system, and obtaining the compensation, medical treatment, and support our clients deserve.
Client First RepresentationOur firm has a focus on clear communication, transparency, and personalized service, we ensure that our clients are well-informed and actively involved throughout the legal process. From the initial consultation to case resolution, we prioritize building strong attorney-client relationships based on trust and collaboration.
Detailed Oriented PreparationAt Wester & Carlton, we pride ourselves on our meticulous approach to each case. Our commitment to detail ensures thorough preparation for all aspects of your legal journey, be it mediation, trials, or any other events your case may involve. You can trust that your case will receive the detailed attention it deserves.
Virtual & Free Consultations
Better understand your legal options and ensure an informed decision by contacting us to arrange a free consultation. Experience the added convenience of virtual consultations, allowing you to delve into your case, pose relevant questions, and gain valuable insights from our team, wherever you are located.
Why Do I Need a Missouri Workers’ Compensation Attorney?A workers’ compensation claim can take several months, even years, to resolve, especially if you continue to suffer from the effects of your work-related injury. Your employer and its insurance company will be represented by highly skilled attorneys who know how to exploit an injured employee. You need to level the playing field by hiring a Missouri workers’ compensation lawyer who will fight on your behalf.
What Happens If My Employer Denies Me Workers’ Compensation Benefits?In many cases, your employer or their insurance company will promptly pay any workers’ compensation benefits. But if they deny benefits–or stop paying them before you receive what you believe you are entitled to under the law–then you have the right to file a claim with the Missouri Division of Workers’ Compensation. An administrative law judge appointed by the Division will review your claim and either conduct mediation between you and your employer, or alternatively hold a formal hearing to determine your right to compensation.
What Kinds of Injuries Are Covered?
Under Missouri law, workers’ compensation only covers injuries that arise “out of and in the course of employment.” This includes accidents that occur during your work shift. It also includes “occupational diseases” contracted at work, provided workplace exposure was the “prevailing” cause.
Workers’ compensation is not necessarily limited to injuries suffered at your normal workplace. If your job requires you to travel–i.e., make deliveries or conduct on-site work with clients–you may be compensated for injuries sustained in the course of such travel. However, Missouri workers’ compensation law specifically excludes injuries sustained while commuting from home to work and back, even if you use a company-owned car.
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