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Work injury law in Missouri exists to protect employees who are injured or suffer illnesses as a result of their work. Under Missouri law, most employers are required to carry workers' compensation insurance, which provides benefits to employees for medical care, wage replacement, and other related expenses following a work-related injury or occupational disease. The system is designed to be no-fault, meaning that workers do not have to prove that their employer was at fault for their injury to receive benefits. However, navigating claims and understanding eligibility can be complex, and knowing your rights is crucial for securing the compensation you deserve.
Many workers' compensation cases in Missouri are straightforward, but there are situations where legal guidance is highly recommended. You may need a lawyer if your claim is denied, disputed, or delayed by your employer or their insurance carrier. Legal representation is also helpful when you receive a settlement offer that seems too low, if your injury is severe or results in permanent disability, or if a third party (not your employer) contributed to your injury. A knowledgeable work injury lawyer can protect your rights, gather necessary evidence, negotiate on your behalf, and represent you at hearings or in court if necessary.
Missouri's workers' compensation laws apply to most employers with five or more employees, and construction industry employers with even just one employee must carry coverage. Injured workers are generally entitled to benefits if the injury occurs in the course of employment. Key benefits include coverage for medical treatment, lost wage benefits for temporary or permanent disability, and compensation for related travel expenses. Reporting requirements are strict - employees must report a work injury to their employer within 30 days. Additionally, employers have the right to select the healthcare provider for work-related injury treatment. Appeals of denied or disputed claims are handled through the Missouri Division of Workers' Compensation.
A work injury is any injury or occupational disease that occurs as a direct result of your job duties or while performing work-related activities. This can include accidents, repetitive stress injuries, or exposure to harmful substances.
Most employers with five or more employees are required by law to provide workers' compensation insurance. Construction industry employers must provide coverage if they have even one employee.
You should report your injury to your employer as soon as possible, and no later than 30 days from the date of injury or diagnosis. Promptly seeking medical attention is also important.
In Missouri, your employer has the right to choose the healthcare provider who treats your work-related injury. If you see your own doctor without authorization, you may have to pay for the treatment.
Benefits include medical care, wage replacement for lost time due to injury, compensation for permanent disability, and reimbursement for travel related to treatment.
If your claim is denied, you can file a claim with the Missouri Division of Workers' Compensation and consider contacting a work injury lawyer to help with your appeal.
You must file a formal claim with the Division within two years from the date of the injury or the last payment made under workers' compensation, or within three years if the employer fails to file a report of injury.
Missouri law prohibits employers from retaliating against employees for filing a workers' compensation claim. This includes termination, demotion, or harassment.
Generally, workers' compensation is the exclusive remedy for workplace injuries, which means you cannot sue your employer in most situations. However, lawsuits may be possible in cases of intentional harm or against third parties who caused the injury.
If your injury results in permanent disability, you may be entitled to additional compensation. The amount and type of benefits depend on the severity and nature of your disability.
- Missouri Division of Workers' Compensation - The state agency responsible for handling workers' compensation claims. - Missouri Department of Labor and Industrial Relations - Provides information and assistance to injured workers. - Missouri Bar Association - Can help you find qualified work injury attorneys in your area. - Local legal aid organizations - Offer free or low-cost legal help for those who qualify.
If you have suffered a work injury in Missouri, the first step is to report the incident to your employer as soon as possible. Seek prompt medical attention and follow your employer's instructions regarding healthcare providers. Collect and keep documentation related to your injury and treatment. If your claim is denied, delayed, or you feel your benefits are inadequate, consider consulting with a lawyer experienced in Missouri workers' compensation cases. They can advise you on your rights, help with the claims process, or represent you during hearings and appeals. Reach out to the resources listed above if you need more information or assistance.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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