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Workers' Compensation in Missouri

January 9, 2023

Every state has a legal framework that incorporates workers' compensation in case of work-related injuries and incidents. If you work within Missouri, you should have a basic comprehension of Missouri workers’ compensation laws.

Employees that understand the basics of workers' compensation in Missouri can be better prepared to protect their rights and seek the appropriate benefits. Here is an overview of Missouri's workers' compensation policies.

How Does Missouri View Workers' Compensation?

Chapter 287: Workers' Compensation Law of the Missouri Revised Statutes is the legal framework that provides financial compensation to workers who become injured or ill due to their job duties in Missouri.

Missouri law requires most employers to have workers' compensation insurance to cover the medical treatment costs and lost wages for employees injured on the job. This insurance benefits workers who get injured or become ill because of their job duties.

Who Does Workers' Compensation in Missouri Cover?

In Missouri, most employers must have workers' compensation insurance. This requirement includes businesses with five or more employees, including part-time and temporary workers. Some types of workers, such as domestic workers, farm workers, and certain types of independent contractors, may not receive coverage from workers' compensation.

What Injuries and Illnesses Does Workers' Compensation in Missouri Cover?

Workers' compensation in Missouri covers injuries and illnesses that arise out of and in the course of employment. Thus, the injury or illness the worker claims must be directly related to the employee's job duties.

How Do Employees File a Workers' Compensation Claim in Missouri?

If an employee receives an injury on the job, they should notify their employer as soon as possible. The employer will then provide the employee with a claim form to fill out. The employee should also seek medical treatment and provide the medical provider with a copy of the claim form.

After, the employee should provide detailed information about the injury, including when and where it occurred, as well as any witnesses to the accident. The department will then review the claim and decide whether the employee is eligible for benefits.

What Benefits Does Workers' Compensation in Missouri Provide?

Workers' compensation in Missouri provides several types of benefits to injured workers. These benefits may include medical treatment, including hospital and doctor bills, prescription drugs, and other medical supplies. Workers' compensation may also provide benefits for lost wages, if the employee is unable to work due to their injury.

Also, employees who get temporarily or permanently disabled due to a workplace injury or illness receive these benefits. Family members of an employee who dies because of a workplace injury or illness receive death benefits.

How Is the Amount of Workers' Compensation Determined in Missouri?

The amount of workers' compensation depends on the severity of their injury. For example, if the injury results in temporary or permanent disability, the employee may be entitled to higher benefits. The Missouri Division of Workers' Compensation determines the amount of benefits based on various factors, including the employee's age, income, and type of injury.

How Long Does a Worker Have to File a Compensation Claim in Missouri?

In Missouri, employees have 30 days from the date of the injury to notify their employer of the accident. The employee must also file a claim with the Division of Workers' Compensation within two years of the date of the injury. If the employee fails to do so, they may be unable to receive any benefits.

An attorney is the best option if you want to secure more benefits and work through legal challenges in a workers' compensation claim. Contact us today at Spooner & Perkins P.C. Attorneys at Law if you work in Missouri.

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If you've been injured on the job, you may be entitled to workers' compensation benefits. These benefits are designed to cover medical expenses and lost wages while you recover from your injury. However, navigating the workers' comp claim process can be confusing and overwhelming. That's why it's important to know when to call a lawyer for your workers' comp claim. In this blog post, we'll discuss the situations where it may be necessary to seek legal representation for your workers' comp claim. By understanding these scenarios, you can ensure that you receive the full benefits you're entitled to under the law. Denial of Your Claim One of the main reasons to call a lawyer for your workers' comp claim is if your claim has been denied. Unfortunately, insurance companies often deny valid claims to save money. If this happens, it's important to have an experienced workers' compensation lawyer on your side who can fight for your rights. They can review the details of your case and gather evidence to support your claim, making it difficult for the insurance company to deny you the benefits you deserve. Appealing a Decision If your initial claim is denied or if you feel that you're not receiving the full amount of benefits you're entitled to, you may need to appeal the decision. This process can be complex and time-consuming, but having a lawyer on your side can make it easier. They can handle all the legal aspects of your appeal and ensure that you have the best chance of getting the benefits you deserve. Pre-Existing Conditions If you have a pre-existing condition that has been aggravated by a work-related injury, it may be necessary to call a lawyer for your workers' comp claim. Insurance companies often use pre-existing conditions as an excuse to deny or limit benefits. However, with the help of a lawyer, you can prove that your current injury is directly related to your job and receive the full benefits you're entitled to. Disputes over Medical Treatment or Benefits In some cases, you may be involved in a dispute with your employer or the insurance company over the type of medical treatment you're receiving or the amount of benefits you're entitled to. This can be a frustrating and stressful experience, but with a lawyer by your side, you can have someone who knows the law on your side. They can fight for your rights and ensure that you receive proper medical care and fair compensation. Permanent Disability If your workplace injury has resulted in permanent disability, it's important to call a lawyer for your workers' comp claim. Permanent disability benefits are often complex and difficult to calculate, especially if there are future medical expenses involved. A lawyer can help determine the full extent of your disability and ensure that you receive the appropriate benefits to cover your needs. Employer Retaliation Unfortunately, some employers may retaliate against employees who file workers' comp claims. This can come in the form of demotions, pay cuts, or even termination. If you feel like your employer is treating you unfairly because of your claim, it's important to call a lawyer. They can protect your rights and help you take legal action against any form of retaliation. Navigating a workers' comp claim can be overwhelming, especially if it involves legal disputes and complex calculations. That's why it's important to know when it's time to call a lawyer for your workers' comp claim. If you find yourself in any of the situations mentioned above, it's best to seek legal representation from a qualified workers' compensation lawyer. So, don’t hesitate to seek assistance if you feel overwhelmed or encounter any issues during your workers’ comp claim process. For more info, contact us at Spooner & Perkins, P.C.