|
Workers
Compensation
We
spend much of our lives working and a large percentage of all serious
injuries happen at work.
Typically, any
injury that occurs at work, or within the scope of employment, falls
under Workers Compensation.
If you are
injured on-the-job, Workers Compensation is typically your only
remedy. In other words, you are usually unable to pursue a claim
for work-related injuries within the regular court system.
Your medical
care for work-related injuries is generally covered by your Employer,
even if you were considered to have been at fault in causing your
injury.
Your Employer
is responsible for the costs of necessary medical care following
a work-related injury. With limited exception, your Employer also
chooses the health-care provider you will see and treatment you'll
receive.
Temporary
Disability
If your medical
condition prevents you from working, after a waiting period, you
will receive Temporary Disability payments during your recovery
period. During this period you must follow reasonable recommendations,
including physical therapy, as prescribed by the treating physician.
This is crucial, since it is possible for you to lose your job and/or
workers compensation benefits, if you dont comply.
You are often
allowed to return to work prior to complete recovery. Your treating
physician may determine you can return on a light duty
status or with certain restrictions, provided that such work is
available from the employer.
When you have
reached maximum medical improvement, you will typically receive
a doctors statement permitting you to return to work with
no restrictions. The treating physician will often express a written
opinion, or rating, as to the percentage of disability
in the affected part(s) of the body.
Cash Settlements
Many Employees
are unaware that, in addition to having their medical bills paid,
they are entitled to make a claim for monetary compensation, based
upon their resulting disability following the injury.
In Missouri,
Employees have two years from the date of injury, or the date of
the last treatment, to file a claim for compensation with the Missouri
Division of Workers Compensation.
Compensation
is based upon a percentage disability attributable to the injury
and is also based, to an extent, upon the Employees average
weekly wages at the injury. It is, therefore, possible that an Employee
working at a very low wage could receive substantially less than
a highly paid Employee for the same type of injury.
Unlike injury
cases prosecuted in Court, there is NO recovery for pain
and suffering under Workers Compensation; the sole factor
being the percentage of resulting disability.
To
schedule a consultation with one of our attorneys, contact our office
today
at (314) 725-1880.
DISCLAIMER:
THE PRECEDING INFORMATION WAS OF A GENERAL NATURE AND NOT MEANT
TO CONSTITUTE LEGAL ADVICE OR TO BE USED IN, OR APPLIED TO, ANY
INDIVIDUAL SITUATION. THIS GENERAL INFORMATION IS APPLICABLE TO
THE STATE OF MISSOURI AND MAY NOT BE VALID UNDER THE LAWS OF OTHER
STATES. IF THE READER HAS SPECIFIC LEGAL QUESTIONS, HE OR SHE SHOULD
CONTACT AN ATTORNEY.
|