Missouri Workers' Compensation Claims
UPDATED: March 10, 2020
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Missouri workers' compensation claims should be filed if an employee has been injured in an accident while he is working, or if he develops a work-related sickness. Workers' compensation benefits may be available to assist the injured or sick worker during his recovery period. In Missouri, employers must have workers' compensation insurance if they employ five or more workers. An exception exists for the construction industry, in which the employer must carry workers' compensation insurance if he has more than one employee. If a Missouri worker has a work-connected disease or injury, he or she should submit a Missouri workers' compensation claim for benefits to the Missouri Division of Workers' Compensation.
Process for Missouri Workers' Compensation Claims
First, you should immediately inform your employer in writing of your injury or sickness. In any case, you must mention your medical condition to your employer within thirty days of your injury or the start of your illness. If you fail to tell your boss about the injury within the thirty day period, you will jeopardize your chances of getting workers' compensation benefits. After your employer has been informed of your injury or illness, he must submit a Report of Injury to the state.
If a worker feels that he did not get appropriate compensation for his workplace injury or illness, he should file a Claim for Compensation with the Missouri Division of Workers' Compensation. The employee must file the Claim for Compensation within two years of when the employer filed the Report of Injury, or within three years of the accident or the start of the illness if the employer failed to file a Report of Injury. You must adhere to these timelines if you do not want to risk losing your opportunity to receive replacement wage benefits, medical care, and other workers' compensation benefits.
Speak to a Missouri workers' compensation lawyer if you have questions about filing a Missouri workers' compensation claim, or if your claim has been rejected.
Reasons to Hire a Missouri Workers' Compensation Attorney
There are certain situations in which the representation of a Missouri workers' compensation lawyer is recommended. Such situations include when your employer is uncooperative and disputes your claim for workers' compensation benefits, when your employer is uninsured or underinsured, or when your claim has been denied and you are injured and have not received benefits to help you through your recovery period. Additionally, if you need to file a lawsuit because a third party is involved in your case, such as a manufacturer whose faulty product caused your injury, a Missouri workers' compensation attorney can help you structure your case and explain how both your employer and the third party may share responsibility for your injury.
Because obtaining workers' compensation benefits while you recover from your injury or illness can be essential to your livelihood, having an attorney to compellingly argue your claim for benefits, make sure that you meet the requisite filing deadlines for your claim, and understand the procedures and policies of the Missouri workers' compensation system is crucial.