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.

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.

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.

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.

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.

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.