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Frequently Asked Questions

Anyone injured while on the job is eligible for workers’ compensation benefits. Even if you were injured while on a company-sponsored outing, that still counts towards a workers’ compensation claim. If you are unsure if your injury qualifies, contact TorHoerman Law for a free, no-obligation consultation.

There are two important deadlines to be aware of. First, immediately after the accident, notify your employer in writing of the accident. While verbal notification is good, the report should be submitted in writing, too. Keep a copy of the notification for your records as well. Failure to do so within 30 days can jeopardize your ability to qualify for workers’ compensation benefits. The other deadline to be aware of is the statute of limitations. Essentially, you have two years either within the date of injury or death, or the last benefits payment received, to file a claim. While there are extenuating circumstances, failure to file with that two-year deadline can make your claim invalid.

At TorHoerman Law, we operate on a contingency fee basis. Essentially, that means you do not pay anything unless we win your case. The fees for legal counsel in Missouri are capped at 25 percent of the total amount awarded. If you have any questions about the contingency fee, please contact our office.

St. Louis Workers Compensation Laws

Workers’ compensation is statutory, meaning Missouri requires employers with five or more employees to offer workers’ compensation coverage for employees who are injured on the job. The specific details and process of filing a workers’ compensation claim differ state-by-state. However, all states’ workers’ compensation laws include a no-fault process that protects both employees and employers.

It is important to note that by law in Missouri, you only have 30 days to report your injury to your employer unless specific circumstances arise. If you fail to do so, that could eliminate your ability to file a claim completely. Check with a St. Louis workers’ compensation lawyer to determine the statute of limitations on your claim. Once filed, judges throughout the state work to resolve workers’ compensation disputes. Once a decision has been made, either party can file to appeal a ruling by the Missouri Industrial Commission’s judges.

Common Causes of Workplace Injuries in St. Louis

Work-related injuries are unfortunately a common part of many different professional fields. Common causes of injuries in workplaces include:

  • Unacceptable working conditions
  • Defective or broken equipment
  • Unsafe construction sites
  • Exposure to chemicals, such as developing mesothelioma from asbestos
  • Overexertion
  • Affliction to previous conditions

 

All of the above can cause work-related injuries. Fortunately, workers are covered by the state’s workers’ compensation laws, which protect workers from paying out of pocket to cover medical costs and lost wages due to work-related injuries.

 

What Does Workers Comp Cover?

There are three parties commonly involved in a workers’ compensation claim: the worker, the employer, and an insurance provider. These three parties arbitrate fair compensation based on the degree of the injuries and the guidelines set by state workers’ compensation laws.

Workers receive compensation for work-related injuries in the form of benefits. These benefits include any medical costs involved with the injury at work and partial wage payments (average of 2/3 of normal wages) for the duration of the lost work time. The length of these payouts and maximum payouts are capped by Missouri workers’ compensation laws. 2/3’s may seem unfair, but these payouts are not taxed, so they actually translate fairly closely to most normal paychecks.

 

Four Levels of Worker Disability

The 4 worker disability levels are:

  1. Temporary Total Disability: an injury that totally prevents the employee from participating at work for a limited time.
  2. Permanent Total Disability: an injury that permanently prevents you from returning to work and limits your ability to participate in a similar occupational field.
  3. Temporary Partial Disability: an injury that prevents you from participating in certain work duties for a limited time at most.
  4. Permanent Partial Disability: a permanent injury that only partially prevents an employee from participating in their work duties.

 

Damages

Along with medical costs and lost wages, employees may be entitled to other benefits for other damages.

Punitive damages are not commonly included in workers’ compensation benefits. In the case that injuries are substantial enough to be considered life-altering, the employee may receive an additional lump-sum for damages.

In the case that a work-related accident results in an employee’s death, the immediate family of the deceased may be entitled to death benefits. If no immediate family exists, the next-of-kin, which is often determined through administrative hearings, becomes the beneficiary of any death benefits. These benefits included a capped sum that covers funeral expenses and compensation in the sum of partial normal wages. These sums are set by the State of Missouri’s workers’ compensation laws.

 

Workers Compensation Disability Claims

If you suffer from an injury at work that impedes your ability to complete your daily duties at work, you may qualify for disability. The three primary types of disability are:

  1. Workers’ compensation
  2. State disability benefits
  3. Social security disability insurance

 

It is important to familiarize yourself with the differences in the three so that you know which disability you are eligible to receive.

 

Social Security Disability (SSDI)

Unlike workers’ compensation, workers are eligible to receive social security disability insurance (SSDI) for any injury, including non-work related incidents, as long as the injury affects the worker’s ability to participate in the workforce. Disability is covered by the state rather than your employer. SSDI is funded through deductions in your paycheck and is resourced to any worker who has paid into the system. For low-income individuals who have not paid into the SSDI system, the Social Security Administration offers Supplemental Security Income (SSI).

In order to qualify for SSDI or SSI, your disability must prevent you from earning a minimum salary as a full-time employee. The disability must also either have lasted, or be expected to last at least one calendar year or is expected to result in death. The Social Security Administration offers a full range of acceptable disabilities in the “Blue Book.” This list does not comprise the full list of acceptable disabilities, and if yours is not listed, it may still qualify.

You can file a social security disability claim through the Social Security Administration on their webpage, telephone, or in-person in the office. The workers’ compensation claim process can be overwhelming, time-sensitive, and complex. It may be helpful to seek aid from a St. Louis workers’ compensation lawyer.

SSDI and SSI cover partial lost wages and medical expenses. You may be eligible to receive social security if you are receiving workers’ compensation, but only under certain circumstances. You would be expected to repay any social security coverage that workers’ compensation also covers.

 

St. Louis Workers Comp Claims Process

Once you have been injured while on the job, it is important to contact a St. Louis workers’ compensation lawyer immediately. We will walk you through the process, which typically involves:

This is an imperative step and should be completed quickly. In Missouri, you must notify your employer of an injury within 30 days. Failure to do so can jeopardize your ability to receive workers’ compensation benefits. According to the handbook on State of Missouri’s Workers’ Compensation Division, notification of injury must be made in writing and include the “nature of the injury, where and when it occurred, and the name and address of the person injured.” Your employer may have an Accident or Injury Report form to use, but if not, reports of injuries can be made on Missouri’s Division of Workers’ Compensation website. Once completed, the form should be submitted to your employer.

While you may have received medical treatment immediately after the accident occurred, it is important to follow up with a doctor to ensure there are no other injuries or existing damage.

Your legal team will work with you to collect all evidence and calculate damages suffered to file a claim. It is important a claim is filed within the timeline of the statute of limitations. Basically, the statute of limitations is a time-frame of how long you have to file a claim. In Missouri, a claim must be filed within two years of the date of injury or death, or within two years after your last benefit payment was made.

While you are permitted to attend the hearing, your lawyer will work on your behalf to represent your best interests.

If the Missouri Industrial Commission’s judges do not rule in your favor, an appeal can be filed to ensure you receive that maximum amount of benefits.

Hiring a St. Louis Workers Compensation Lawyer

The workers’ compensation claim process can be very complex, involving time-sensitive deadlines and very specific paperwork. Along with these speed bumps, creating a full list of damages along with the proper tangible evidence to prove your claims may be hard to do alone.

Hiring a workers’ compensation lawyer can be very beneficial. You can focus on the healing process while your St. Louis workers’ compensation lawyer takes care of the hassles of filing a strong claim, ensuring that you get the full compensation that you deserve.

An experienced St Louis workers’ compensation lawyer will help navigate the civil lawsuit process while you concentrate on your physical recovery. If you have any questions, reach out to a St. Louis workers’ compensation lawyer to discuss your legal options.

 

St. Louis Workers Compensation Law Firm

TorHoerman Law

Our team of experienced St. Louis workers’ compensation lawyers understands how devastating workplace injuries can be. Our St. Louis workers’ compensation law firm has won more than $4 billion in verdicts and negotiated settlements for our clients. TorHoerman Law operates on a contingency fee basis. Thus, you do not owe any payment until you have been compensated. Contact one of our expert St. Louis workers’ compensation lawyers to find out if you are eligible to file a lawsuit. You may use the chatbot below for a free, no-obligation case consultation.

 

 

“Facts for Injured Workers – Information about Workers’ Compensation in Missouri.” Missouri Division of Workers’ Compensation, Missouri Department of Labor and Industrial Relations, labor.mo.gov/sites/labor/files/pubs_forms/WC-101-AI.pdf

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Client Reviews

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They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

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