Missouri Workers Compensation Lawyer

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In the state of Missouri, workers' compensation is compulsory. It is the employer's responsibility to provide the employee or the employee's family with medical and disability benefits due to a job-related injury, occupational disease, or death.

Workers' compensation is a type of insurance that provides restitution for medical care for employees that are injured while in the place of employment, in exchange for the forfeit of the employee's right to sue the employer under the umbrella of negligence. Plans fluctuate according to different state court districts However, they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the depends of workers who were killed as a type of life insurance.

There are certain medical conditions that are not covered under Workers' Compensation Insurance, those are:
cardiac arrest
repetitious mental trauma
everyday natural disease
willful attempt to harm oneself or others
injury sustained during off-duty social activity
an incident that occurred as an act of God
horseplay on the job that causes an injury

In order to secure workers' compensation insurance coverage under the Missouri Workers' Compensation Act, agricultural employers must secure an approved worker's compensation insurance policy. Employers that have fewer than five employees are not required to secure coverage for their employees. However, in the state of Missouri, construction employers do not follow this rule.

If an employee has suffered a job-related injury and has not received proper benefits, the employee or the employee's attorney can file a Claim for Compensation for assistance.

The employer must report a job-related injury within 30 days. The employer must state the time, location, and nature of the employee's injury as well as the employee's name and home address.

In Missouri, workers' compensation insurance coverage may be provided through a private insurance company or through a state fund. Also, some employers may choose to be self-insured.

Compensation may be reduced if it has been proven that the employee did not use proper safety equipment or follow safety rules.

There are no monetary or time limits regarding medical benefits for those who are entitled to workers compensation. The employer provides the employee with a physician in the state of Missouri.

For temporary total disability (TTD), permanent total disability (PTD), and permanent partial disability (PPD), payments are a percentage of the employee's weekly wages. In certain circumstances, payments cannot exceed a set weekly maximum amount, and cannot be less than a set weekly minimum amount. Payments for PTD benefits last as long as the employee is disabled. Payments for PPD are eligible to continue for up to 400 weeks.

In the state of Missouri, physical and mental rehabilitation benefits are usually provided for the injured employee. Also, employees with occupational hearing loss can receive benefits.

If the employee dies as a result of his or her injury, death benefits are given to the employee's spouse or the spouse and his or her children. Death benefits are a percentage of the employee's wages. The spouse and children shall receive at least a minimum benefit regardless of the employee's past earnings. Compensation for funeral expenses is available. Typically, attorney fees are limited to 25%.

If you are seeking an attorney who specializes in labor related issues, it is always wise to consult the American Bar Association website. Access is free, and you will find an attorney locator there. He/she should be able to answer any questions that you may have.


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