Workers’ Compensation Attorneys in Lebanon, MO

What is Workers’ Compensation?

Workers’ compensation is a state-mandated insurance program that provides financial and medical benefits to employees who suffer work-related injuries or illnesses. This system ensures that workers receive necessary care and compensation for lost wages without needing to prove fault. It acts as a safety net for employees, offering support for medical expenses, rehabilitation, and income replacement when they cannot work due to their injuries.

In exchange for these benefits, employees typically waive their right to sue their employer for negligence. This compromise helps maintain a balance between protecting workers and shielding employers from extensive liability claims. Each state administers its own workers’ compensation program, establishing specific rules, benefits, and coverage requirements.

Is Workers’ Comp Required in Missouri?

In Missouri, employers with five or more employees must have workers’ compensation insurance. Almost all construction companies need this insurance, even for just one employee. This requirement applies to part-time, full-time, and family members. However, federal entities like post offices and railroads are not required to offer coverage.

Certain exceptions to Missouri’s workers’ compensation law include:

• Agricultural workers
• Domestic workers (like babysitters)
• Qualified real estate agents
• Independent contractors
• Volunteers

Sole proprietors and partners can choose to elect coverage with their insurer.

How Our Workers’ Compensation Lawyers in Lebanon, MO, Can Help

It’s frustrating when your workers’ compensation claim is denied, especially when it deserves approval. Our workers’ comp lawyers are ready to answer your questions and guide you through the claims process. We will help you file your initial request for benefits and assist with any necessary appeals.

Our law firm in Lebanon, MO, has experience with various work injury claims, including:

• Work-related auto accidents
• Workplace slip-and-fall incidents
• Workplace explosions and fires
• Chemical exposure
• Illnesses from chemical exposure
• Carpal tunnel syndrome and other repetitive stress injuries
• Back and neck injuries
• Permanent disability claims
• Fatal workplace injuries

What Are Workers’ Compensation Benefits in Missouri?

Workers’ compensation benefits cover your expenses if injured while performing job-related duties. This includes injuries while traveling for work or during work-related events. It also covers conditions that develop over time, like repetitive stress injuries. Illnesses resulting from workplace exposure to harmful substances are also included.

You may recover the following expenses:

• Lost wages
• Medical expenses (like ER visits)
• Prescription costs
• Necessary surgeries
• Ongoing treatment
• Rehabilitation and retraining
• Short- and long-term disability payments

If a work-related accident results in death, the family may receive death benefits, including funeral costs.

How To Report a Workplace Injury

If you experience a workplace accident, report it to your employer within 30 days. Prompt reporting ensures you receive your workers’ compensation benefits. Your written notice should include:

• Your name and injury
• The date, time, and location of the injury
• Confirmation that your employer will report to the Missouri Workers’ Compensation Division within 30 days
• You can verify that your report was filed by calling the Missouri Workers’ Compensation Division at 800-775-2667

Which Situations Qualify for Workers Compensation Coverage?

Workers’ compensation laws do not shield employers from all lawsuits. As an employee, you may sue if:

• You didn’t receive the benefits you were entitled to
• Your employer or coworker intentionally harmed you
• You were fired for filing a claim

The Appeals Process

If your workers’ compensation claim is denied, it can be disheartening, but you have the right to appeal the decision. Understanding the appeals process is crucial to navigating this challenging situation effectively. Here are the key steps involved and what to expect during the appeals process.

Review the Denial Letter

Upon receiving a denial, carefully review the letter from the insurance company. The denial letter should clearly state the reasons for the denial. These may include lack of medical evidence, missing paperwork, or questions about the work-related nature of the injury. Understanding these reasons will help you address them in your appeal.

Gather Supporting Documentation

Collect any necessary documentation to support your workers’ comp. case. This may include:

• Medical records: Obtain updated reports from your healthcare provider that detail your injury and treatment.
• Witness statements: If applicable, gather statements from coworkers or supervisors who can corroborate your account of the incident.
• Incident reports: Ensure all reports related to the injury are complete and accurate.

File Your Appeal

In Missouri, you must file a written notice of appeal with the Division of Workers’ Compensation. This is a key step in the appeal process. Make sure to do this within the time frame specified in the denial letter, as missing the deadline could forfeit your right to appeal.

Attend the Mediation or Hearing

Once your appeal is filed, you may be required to attend a mediation session or a hearing. During this stage:

• Mediation: A mediator will facilitate discussions between you and the insurance company to reach a settlement. This is an informal process aimed at finding common ground.
• Hearing: If mediation does not resolve the issue, a formal hearing may take place before an administrative law judge. Be prepared to present your case, including evidence and witness testimony.

Await the Decision

After the hearing or mediation, you will need to wait for the judge or mediator to issue a decision. Depending on the complexity of your case and the division’s caseload, this may take several weeks.

Further Appeals (If Necessary)

If your appeal is denied at the hearing stage, you can further appeal to the Labor and Industrial Relations Commission. This appeal must be filed within 20 days of receiving the decision. The Commission will review the case and determine if the previous ruling was appropriate based on the evidence presented.

Seek Legal Assistance

Navigating the appeals process can be complex and daunting. We recommend consulting with our workers’ compensation attorneys in Lebanon, as they will guide you through each step. They will help you gather evidence and prepare for hearings while ensuring your rights are protected throughout the process. With their support, you can approach the appeals process with confidence.

Discuss Your Claim With an Experienced Workers’ Compensation Attorney in Lebanon, MO

If you have questions about workers’ compensation in Lebanon, we can help. Our attorneys have experience with all types of workers’ compensation cases. We understand how the system works and can achieve favorable results for those injured on the job.

Contact a Deputy & Mizell workers’ compensation attorney today at our Lebanon office. Call (417) 344-8055 to schedule your free initial consultation.

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