Have you been injured while working in St. Louis, MO? Call Eason Car Accident and Personal Injury Lawyers. There’s a good chance that you might qualify for workers’ compensation benefits, which can help you deal with the financial complications of your recent injuries. However, getting maximum benefits can be a challenge. Our experienced St. Louis workers’ compensation lawyers can help you make the most of your claim and fight for the top-dollar monetary award you deserve.
For more than 15 years, Eason Car Accident and Personal Injury Lawyers has been a fierce and passionate legal advocate for St. Louis workers and families. We approach litigation knowing that insurance companies will fight dirty and do everything they can to deny our clients the compensation they deserve. Backed by over 21 years of experience, we’ve won millions in settlements and jury awards for clients like you.
We offer a free consultation, so call our law office to learn how we can help you after a workplace injury or illness at (314) 932 – 1066 .
How Eason Car Accident and Personal Injury Lawyers Can Help You Maximize Your Workers’ Compensation Benefits After an Accident in St. Louis, MO
Workers’ compensation is an insurance system that allows injured workers to bypass the state’s traditional civil justice system to seek monetary benefits for lost wages and medical bills. The claims process should be relatively straightforward, but insurance companies still make it way more painful than it needs to be.
Eason Car Accident and Personal Injury Lawyers’s legal representation packs a punch when St. Louis injury victims and families need it most. Our aggressive, no-nonsense representation forces insurance companies to do the right thing and make our clients whole. It’s why we’re recognized as one of the top law firms for civil litigation in St. Louis by The National Trial Lawyers, the Missouri Association of Trial Attorneys, and the American Association for Justice.
You can count on our St. Louis personal injury lawyers to handle all aspects of your claim for workers’ compensation with a high level of skill and knowledge:
- Investigate the underlying facts and circumstances of your work-related injury or illness
- Determine all potential avenues for recovering compensation
- Gather documents and evidence required to establish your losses and help you secure maximum benefits
- Bring in expert witnesses to strengthen your claim
- Help you secure an independent medical examination (IME), if necessary, to prove the severity of your injuries and establish your need for compensation
- File your claim with the insurance company within the applicable statute of limitations
- Represent you during hearings and negotiations throughout the claims process
- Appeal your claim for benefits to Missouri’s Labor and Industrial Relations Commission if it’s denied by the insurance company
Workers’ compensation benefits can be a critical lifeline in St. Louis, Missouri when you’re struggling to get back on your feet. Our workplace accident attorneys in St. Louis want to help you maximize that lifeline. We’ll represent you on a contingent fee basis, so you won’t have to stress about the cost of asking for help. You pay nothing until we’ve won compensation for your workers’ compensation claim.
Call our law office to schedule a free consultation.
How Do I Know if I Qualify For Workers’ Compensation?
You should qualify for workers’ compensation benefits if:
Your Employer Carries Workers’ Compensation Insurance
In Missouri, employers with at least five employees are required to carry workers’ compensation insurance. Construction industry employers must have workers’ compensation if they have at least one employee.
You’re an Employee
Workers’ compensation is exclusively for the benefit of employees. Independent contractors cannot qualify for benefits, even if they get hurt on the job. So, you should qualify for workers’ compensation benefits if you’re legally classified as an employee.
Don’t let your employer or their insurance company misclassify you – it’s a common tactic. We will carefully evaluate the scope of your employment and ensure that you are classified appropriately.
You Suffered a Work-Related Injury
Workers’ compensation benefits are available when an employee sustains a work-related injury or illness. An injury is considered related to work if it’s sustained while you’re performing responsibilities expected of you in your role with the company.
You can qualify for workers’ compensation even if you’re hurt while away from your employer’s business. For instance, you could qualify for benefits if you’re involved in a truck accident while transporting goods to or from a job site.
However, you likely wouldn’t qualify for benefits if you were rear-ended on your lunch break or while commuting to or from work.
Ultimately, the most important thing is that your injury is related to your job performance.
Can I Get Workers’ Compensation If I’m Partly to Blame For My Workplace Injuries?
Yes. Workers’ compensation is a private no-fault system. So, Missouri’s pure comparative negligence law won’t impact your ability to recover compensation even if you’re partly or fully responsible for your workplace injuries.
However, the same can’t be said for your ability to recover compensation through a related civil lawsuit. Shared fault will limit your financial recovery from a negligent or liable third party.
Can I Sue My Employer If I Get Workers’ Compensation Benefits?
No. Workers’ compensation no-fault structure protects employers from civil litigation. In exchange for your ability to recover compensation quickly and without regard to shared fault, victims typically waive the right to file a lawsuit against their employer for additional compensation.
You won’t have to waive the right to sue altogether. You may be able to sue a third party for damages above and beyond what workers’ compensation will pay. Depending on the circumstances of your case, this might include the right to sue a product manufacturer, a property owner, a government agency, a negligent motorist, or a co-worker.
What Benefits Can I Recover Through a Workers’ Compensation Insurance Claim?
In Missouri, workers’ compensation benefits include limited economic damages for costs related to medical care and lost wages.
Medical Treatment
Workers’ compensation should pay for reasonable and necessary costs of medical treatment related to your workplace injury, including:
- Hospitalization
- Surgery
- Prescription medications
- Medical devices
- Labs and diagnostic tests
- Chiropractic care
- Physical therapy
- Rehabilitation
- Mileage
- Specialist consultations
However, you’ll have to obtain treatment from an insurance company-approved healthcare provider. This can limit your ability to choose your own doctor and manage your medical care.
Temporary Total Disability
Temporary Total Disability (TTD) benefits are awarded if you’re unable to work because of your injury or illness. TTD equals up to two-thirds of your Average Weekly Wage (AWW) but is subject to statutory limitations. The current cap on TTD benefits is $1,228.04.
You can receive TTD benefits for up to 400 weeks or until you can return to work, whichever occurs sooner.
Temporary Partial Disability
If you can go back to work but aren’t capable of earning your pre-injury income, you might be able to get Temporary Partial Disability (TPD). TPD offsets the difference in your pre-injury and post-injury income, totaling two-thirds of the difference.
Permanent Partial Disability
If your injury is permanent but doesn’t prohibit you from working in some capacity, you might be able to receive Permanent Partial Disability (PPD) benefits. PPD benefits max out at $643.26 per week and is paid for a duration based on the severity of your disability.
The state has a specific schedule of losses that will apply. For instance, you can receive PPD for 180 weeks if you suffer complete deafness in both ears, while benefits could be paid for 16 weeks if you’ve suffered the loss of a finger at a distal joint.
Permanent Total Disability
PTD benefits equal two-thirds of your AWW, subject to statutory caps, and are permitted when your work-related injury prevents you from working at all.
How Long Do I Have to File a Claim For Workers’ Compensation Benefits in St. Louis, Missouri?
Once you’ve been injured on the job in St. Louis, you’ll have up to 30 days to tell your employer. Then, you’ll have until the second anniversary of your injury to formally submit a claim for workers’ compensation benefits.
Missouri’s two-year statute of limitations has few exceptions. If you miss the filing deadline, you won’t be eligible to receive no-fault benefits from your employer’s insurance policy.
Schedule a Free Consultation With an Experienced St. Louis Workers’ Compensation Lawyer
As a worker in St. Louis, Missouri, you’re protected if you get hurt on the job. However, getting workers’ compensation benefits can be tough, especially if you attempt to handle the claim on your own. Eason Car Accident and Personal Injury Lawyers can offer the legal representation you’ll need to maximize your recovery.
Our St. Louis workers’ compensation lawyers have 21+ years of experience taking on multinational corporations on behalf of injury victims and their families. Our aggressive defense of our client’s rights has yielded millions in benefits, settlements, and jury awards.
Today, we stand ready to fight for you, too. Contact our law office for a free case consultation.