Work Related Injuries
EXPERIENCED MISSOURI WORK ACCIDENT LAWYER
When a worker in Missouri is injured during the course and scope of his or her employment, he or she may be entitled to benefits and compensation under Missouri’s workers’ compensation laws. Most employers covered under the Missouri workers’ compensation act have insurance to cover the benefits owed to their injured employees. Many basic questions about a worker’s rights under the work comp laws can be found at the Department of Labor website. However, many times an injured employee or worker will need the advice and counsel of a work comp attorney. The office of Robert A. Strauss provides free initial consultations on work related injuries. Call toll free at (800) 991-8688 or email.
GETTING MEDICAL TREATMENT
The first thing on an injured worker’s mind is going to be: How am I going to get the medical treatment I need? Missouri law requires that the employer or their insurer provide an injured worker with medical treatment. However, the employer or insurer is permitted to choose an injured worker’s healthcare providers. Sometimes this can lead to conflict whenever a worker feels he or she is not getting the proper treatment or has been released from care too early. At times, it is necessary for the Missouri injury attorney to refer an injured worker to a physician for an independent examination to determine if the worker needs any additional medical treatment. If the examining physician feels the worker is in need of additional medical treatment, it may be necessary to pursue those benefits through procedural means with the Division of Workers’ Compensation.
YOU MAY BE ENTITLED TO MORE THAN MEDICAL TREATMENT
In addition to medical treatment, injured workers in Missouri, after a short wait period, are entitled to payment of a portion of their average weekly wage while they are temporarily disabled. Although this benefit should be paid automatically by the workers’ compensation insurer if the criteria are met, there are many times when phone calls and letters are needed to start these benefits. Workers need to be informed of their rights and to stay on top of receipt of their benefits.
After an injured worker reaches maximum medical improvement, he or she may be entitled to permanent disability benefits. These benefits could be in the form of partial or total disability benefits. The opinions regarding the extent and nature of permanent disability are usually provided by physicians in the case. Many times the treating physician will be asked by the workers’ compensation insurance company to provide that company with a disability rating upon discharge of the injured worker. However, an injured worker does NOT need to rely solely on this opinion. The injured worker is entitled to obtain opinions from other physicians as to the extent of any permanent disability. This examination and opinion of other physicians is usually arranged by the injured worker’s lawyer. Depending on the facts of the case, the injured worker’s accident attorney may also refer the worker to a vocational specialist for evaluation.
WHAT IS THE SECOND INJURY FUND?
In addition to compensation for a primary work injury, an injured worker or employee may also have a Second Injury Fund claim. This claim is against a special fund set up to compensate injured Missouri workers who, at the time of their primary injury, had pre-existing disabilities to the level that they constitute a hindrance to the worker’s employment or reemployment.
NO FEE IF NO RECOVERY
If you have been injured in a work related accident, contact attorney Robert A. Strauss for a free consultation. Your claim will be handled on a No Fee if No Recovery basis. If you would like to discuss your claim with Mr. Strauss, please email or call toll free at (800) 991-8688.
Mr. Strauss serves clients in many metropolitan areas within Missouri including St. Louis, Festus, Hillsboro, Farmington, Potosi, Fredericktown, St. Charles and other cities and counties within the State of Missouri.