Serving Eastern MO And Southern IL
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What To Do When Your Hurt At Work
MISSOURI WORKERS’ COMPENSATION
(WHAT TO DO WHEN HURT AT WORK)
1. Report injury as soon as possible to your foreman, supervisor or Personnel Department.
- Injury is required to be reported within thirty (30) days of the date of the injury or the claim can be forever barred. There are certain exceptions.
- A formal Claim for Compensation must be filed with the Missouri Workers’ Compensation Commission within two (2) of the date of the accident or last payment made on behalf of that injury. Failure to file claim within the required time could be mean that your claim could be forever barred. There are certain exceptions that could extend it for one additional year but should not be relied on. Reporting a claim is not a filing of a formal Claim for Compensation.
- Do not give a formal statement except to explain how an accident or injury occurred and to facilities safety concerns.
- Speeds handling of your claim.
2. Seek immediate medical attention.
- In Missouri, the Employer has the right to choose the medical care provider and you must go through them unless it is an emergency situation. (Please remember that the Employer often defers to the insurance company.)
- The Employer is responsible for all reasonable and necessary medical care to cure and relieve an injured Employee of the symptoms of his/her injuries.
- Give a clear statement to your doctor about how your accident or injury occurred. Be as detailed as you can as to what you were doing when the pain came on.
3. Temporary benefits payable during in capacity to work are called Temporary total Disability (TTD).
- You must be unable to work.
- You are paid a two-thirds your gross average weekly wages for the 13 weeks immediately proceeding the week of the injury. (Overtime is included in this calculation which is your average weekly wage - AWW).
- The Temporary Total Disability rate is subject to a maximum rate which is contained in a rate chart behind these pages.
- Vocational training is optional with the Employer and is seldom employed.
4. Permanency Awards, Permanent partial Disability (PPD) or Permanent total Disability (PTD).
- Entitled to an award or settlement based upon the degree or percentage of permanent disability to each injured portion of the body.
- May be entitled to life time medical benefits for injury if the case is tried.
- If unable to return to any form of work, the benefits are payable at tow-thirds of the average weekly wage at the time of the injury up to a maximum rate which is contained in a rate chart behind these pages.
5. Seek legal representation as soon as possible. The above outlined is intended only as a thumbnail sketch of your workers’ compensation rights. Insurance companies have trained employees to find the loopholes and deny the benefits you are entitled to, placing you and your family at risk. Further, only an experienced attorney in the filed of workers’ compensation and personal injury can determine if you have a civil lawsuit against an individual or company for your injuries. The civil lawsuit has a different statute of limitations, different necessary proof s to establish your case and vastly different legal standards best identified by an experienced injury attorney.
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