Workers Compensation Law – Frequently Asked Questions

Here at Edelman Law Office, we believe that by educating our clients and the public regarding workers compensation law, they will be able to assert their legal rights, maximize their benefits, and make fully informed decisions when filing a claim. Below are some of the most frequently asked questions and answers that we receive about workers compensation law. In order to learn more about workers compensation law or get answers to your specific questions, you can call us at 314-631-6777, and an injury lawyer will assist you.

What should I do immediately after suffering from an injury while at work?

Your ability to file a claim under workers compensation law depends partially on timeliness, so you need to report the injury in writing right away! If your injury or illness is something that has happened over time, report it the moment you realize that this condition was caused by the nature of your job. Reporting an injury promptly prevents any delays in receiving your workers compensation benefits and ensures you are eligible to receive benefits. According to workers compensation law, if your employer has not been notified in writing within 30 days after the injury, your benefits could be in danger or be denied. After notifying your employer, get medical treatment from a medical professional who has been approved or authorized by your employer.

Can I file a claim under workers compensation law?

Almost all injuries are acceptable. Call us if you are unsure. Almost every injury or occupation disease that arises out of the course of employment can be covered in workers compensation.

What are the benefits that I can get under workers compensation law?

Workers compensation law gives an injured worker medical benefits paid for by the employer, as well as monetary payment in the form of either temporary disability benefits or permanent disability benefits. The exact benefits received will depend on your injury sustained and whether or not you are determined to be partially or totally disabled as a result of the injury. Learn more about workers compensation benefits in our Workers Comp Benefits Guide.

What if my employer does not have workers’ compensation insurance?

Most employers in Missouri are required to carry workers compensation insurance. In general, workers compensation law in Missouri requires any employer who employs five or more employees to carry workers’ compensation insurance. However, there are some exceptions. If in construction, even when only one employee exists, the employer is supposed to carry workers comp insurance.

Don’t hesitate calling us even if your employer says they do not have insurance, there still may be coverage. If your employer does not have insurance, you can file a civil lawsuit to your employer. Employers who wrongfully do not carry workers’ compensation insurance, could face liability and damages if a civil lawsuit filed against them because of workplace injuries. Just because they tell you they do not have insurance, does not mean you cannot purse a claim.

What if my workers’ compensation claim has been denied?

If the benefit you are offered is less than expected or if your claim has been denied, you can request a hearing with the Missouri Workers’ Compensation Division. At this point, it is best to hire a workers compensation attorney to help support you in your case. By hiring an attorney from the Edelman Law Office, you are assured that we will aggressively pursue a favorable outcome even before an Administrative Law Judge.

Do I really need a lawyer to file my claim?

Yes, a claim is a lawsuit. It must be done correctly with proper language.

If your employer and their insurance company deny you any form of workers’ compensation benefit, then it would be best to hire an attorney who will help you prepare and will skillfully try your case before the Missouri Workers’ Compensation Division.

Even when you think your case should be simple and straightforward, the benefits of working with a workers compensation lawyer are better for you. Workers comp attorneys have an in depth knowledge of workers compensation law, and can help you maximize your benefits received.

Learn more reasons why you should hire workers compensation lawyers.

Contact Us to Learn More about Workers Compensation Law in Missouri

If you have a question about workers compensation law that has not been addressed here or you would like to review your case with an attorney, please call us at 314-631-6777 to learn more.