Springfield Second Injury Fund Lawyers for Missouri Workers’ Compensation
The Second Injury Fund is a state-run program that was initially intended to encourage employers to hire returning veterans who might have pre-existing disabilities. The idea was that if an already disabled worker became injured on the job, the employer and insurance company would only be liable for the disability from the most recent injury.
The Fund does not apply just to veterans, however, but to all workers with previous injuries who experience a second workplace injury or illness.
if a worker has a prior disability and sustains a new work-related injury that, when combined with the pre-existing disability, results in an increased overall disability, the Second Injury Fund may come into play.
However, this largely depends on the date of the recent compensable injury. The law mandates that if this date is post-January 1, 2014, the computation and awarding of benefits from the Second Injury Fund will be different from cases where the most recent compensable injury occurred prior to this date.
If you have sustained a new injury on top of a pre-existing disability that has raised your overall impairment, our team at Webster & Carlton can assist in recovering all of the benefits you may be owed under the Missouri workers’ compensation system, including those available through the Second Injury Fund.
Get a free case review from a Springfield Second Injury Fund attorney by calling (417) 545-3775. You can also use our online contact form to reach us.
Stay In The Know
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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.
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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.
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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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