Our St. Louis Workers' Compensation Lawyers Explain Your Rights to Benefits for Your Workplace Injuries in Missouri and Illinois and How We Can Help You Get Them
If you were injured at your job in Illinois or Missouri, you may be entitled to workers’ compensation benefits. However, your employer's workers' comp insurance company could deny your claim or try to pay you less benefits than you deserve. Our experienced legal team at Bollwerk & Associates can explain your rights and fight with the insurance company so that you receive the benefits you deserve to pay for your medical bills and to replace your wages while you’re off work recovering from your injuries.
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What Are Your Rights to Workers Compensation Benefits After an Injury at Your Workplace in Missouri?
In Missouri, employers are required to provide workers' compensation benefits if they employ five or more employees. You should be paid workers' compensation benefits if you were hurt while at your job or exposed to an occupational disease, such as cancer, arising out of and in the course of your employment.
Workers' comp benefits are available to reimburse you for your medical expenses to treat your work-related injuries or disease and to replace a portion of your income you lose while you are recovering from your injuries. Under Illinois and Missouri workers’ comp laws, in exchange for being entitled to workers' comp benefits, you waive your right to sue your employer for negligence.
Types of Workers' Compensation Benefits You Should Receive in Missouri
You need to understand the types of workers' comp benefits you should receive because you unfortunately may not be able to trust your employer's insurance company to treat you fairly. It’s helpful to first know the basic benefits provided under Missouri Workers' Compensation Law. The first type of benefit you should recover is medical benefits. These benefits should pay for all the medical treatments you need to treat your injuries or disease, including the following:
- Doctor visits
- Diagnostic tests
- Medications
- Surgeries
- Hospitalizations
- Physical therapy
However, in Missouri, your employer gets to choose your medical providers, so you may not be reimbursed if you see a doctor of your own choosing.
You should also get partial wage loss benefits. Without the assistance of our St. Louis workers' compensation lawyers, it can be confusing to understand which type of benefits you should receive. Here are the types of benefits we can help you recover.
Temporary Total Disability (TTD) Benefits
You may be entitled to TTD benefits if you cannot work at all while recovering from your injuries. You should be paid 2/3 of your average weekly wage until you are able to return to work in some capacity, up to the maximum wage rate set yearly by the state legislature.
Temporary Partial Disability (TPD) Benefits
You may be entitled to temporary partial disability benefits if you were hurt at your job, placed at light duty, and your employer takes you back at light duty, but at a reduced pay rate.
Your TPD benefits would be 2/3 of the difference between your average weekly wage before you were injured and what you earn during your recover period. This is only available if you are working light duty at a reduced wage rate.
Permanent Partial Disability (PPD) Benefits
Unfortunately, you could suffer an injury or a disease that you will never fully recover from. If you can still work, you should receive permanent partial disability benefits. Calculating the amount you should get is very complicated without a workers' compensation attorney’s help.
PPD benefits cannot be calculated until you reach your maximum medical improvement, which is when you have healed as much as you will, and your doctor can give you a rating. A rating is the percentage of how much your injury affects the use of your injured body party. This rating is multiplied by Missouri's schedule of losses and your average weekly pay to determine your PPD benefits.
Permanent Total Disability (PTD) Benefits
If you suffer a total permanent disability that prevents you from working at any job, you should receive PTD benefits. These would be the amount of your temporary total disability payment for the rest of your life.
Crucial Steps You Should Take to Protect Your Rights After a Missouri Workplace Accident
If you were injured at your place of employment, it's important to follow the steps after a workplace injury in Missouri to protect your workers' compensation benefits claim. Mistakes can jeopardize your ability to obtain workers' compensation benefits or reduce the amount you can recover. Here are the crucial steps our workers' compensation lawyers recommend you take:
- Report the accident. You must report your injury to your employer—even if they know about it. Under Missouri law, you are required to report your workplace incident in writing within 30 days of the accident. You could be ineligible for benefits if you fail to do this.
- Get the medical care you need. In Missouri, your employer has the right to select your physician and should refer you to a doctor immediately. A common question that arises in mind is, "If I have a workers' compensation injury, who chooses my doctors?" The answer is that your employer or their insurance company has the right to make that choice. You should attend all your appointments and follow your doctor's treatment plan. If you do not believe you're receiving the medical care you need, our workers' compensation legal team can assist you in obtaining the proper medical treatments for your injuries.
- File your claim. The timeline for filing a workers' compensation claim is important to understand. How long do you have to file a workers' compensation claim is determined by Missouri law, you have two years from the date of your accident or the date you last received workers' comp benefits, whichever is later, to file your workers' compensation claim. If you fail to meet this deadline, you may be ineligible to receive benefits.
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Retain an attorney. You need to contact a workers' compensation lawyer at Bollwerk & Associates LLC as soon as you obtain the immediate medical care you need. We can explain your rights to you in plain language you can understand. Our legal team will also fight with your employer's insurance company so that you receive the benefits you deserve under Missouri workers' comp laws.
Contact Our Skilled St. Louis Workers' Compensation Lawyers
If you've been hurt at work in Missouri or Illinois, you should speak with an experienced St. Louis workers' compensation lawyer as soon as possible. Contact us online or call our St. Louis office directly at 314.315.8111 to schedule your free consultation. We help victims injured on the job throughout the St. Louis area and look forward to helping you.
