St. Louis workers' compensation Attorney

Our experienced workers' compensation attorneys get those who have suffered illnesses or injuries on the job get the compensation they deserve

Understanding workers’ compensation in Missouri

The Missouri Department of Insurance defines workers’ compensation as a no-fault, state-mandated insurance system that requires employers to compensate employees who have been injured or become ill due a workplace incident or exposure. This compensation includes different types of payment benefits like payment for a loss of wages, payments to cover medical care, payment for temporary or permanent disabilities, and several other benefits that can be seen below.

In the state of Missouri, companies are required to carry workers’ compensation if they have five (5) or more employees or operate within certain industries. Workers’ compensation insurance protects companies from civil lawsuits by employees that have been injured or become ill on the job.

How our workers’ comp lawyers in Saint Louis help you after you have been injured

The answer is simple. The insurance company does not care about you. The adjuster may seem nice but is only concerned about minimizing the cost of your claim. After your case is over, do you think the adjuster will ever call you just to see how you are feeling? Of course not! When your case is over, the insurance is going to close its file and forget about you.

Many of our clients hire us because the employer and insurance company refuse to send them to an appropriate doctor. In the real world, when a person seriously injures his or her neck, back, shoulders or knees, a specialist is required. However, many insurance companies are reluctant to send injured workers to orthopedic surgeons and neurosurgeons because it is much cheaper to send them to urgent care centers and “occupational medicine” facilities such as Concentra.

But here is the truth. If your boss had a torn ACL in his knee or sustained a brain or spinal cord injury while working, do you think he would rely on an urgent care facility for his treatment? If the adjuster had a torn rotator cuff in her shoulder, do you think she would trust an “occupational medicine” such as Concentra to make it right? Of course, they wouldn’t! They would make immediate appointments to see board-certified specialists!

According to the Bureau of Labor Statistics, employees in certain industries are at a higher risk of being injured on the job. There are also a handful of industries with the highest number of wrongful death workers’ compensation cases.

Workers’ compensation for construction workers is required in nearly every state, because of the common workers’ comp injuries sustained while on the job.

Related: Workers’ comp statistics in the United States

We have helped our injured clients receive millions in compensation

What should I do if I have been injured on the job?

Report your workplace injury immediately

It is essential that you immediately report your injury to your employer or supervisor. Failure to report your injury to your employer within 30 days may jeopardize your ability to receive workers’ compensation benefits.

If your employer is unwilling or unable to provide you with a form for you to complete, take a piece a paper and write everything out yourself. Your written notice must state the date, time and place of the injury, the nature of the injury and the name and address of the person you delivered it to.

If you hand-deliver your notice, keep a record of the date and time of the delivery along with the full name and title of the person you delivered it to. After reporting your injury, your employer should arrange for the necessary medical treatment and the filing of the reports with the Division.

Get medical care and documentation for your workplace injuries

Your employer [or its insurance company] is required to provide medical treatment and care to cure and relieve you from the effects of the injury. This includes all costs for authorized medical treatment, prescriptions, and medical devices. There is no deductible and all costs are paid by the employer or its workers’ compensation insurance company. However, you have the right to select your own treating physician at your own expense.

Talk with a Workers’ Comp Lawyer in St. Louis Right Now

Does workers’ compensation cover work-related illnesses?

The short answer to this question is: Yes. Just as an injury sustained on the job is covered by workers’ compensation, work-related illnesses can be covered by workers’ compensation. Workplace illnesses, at times, can be a bit more complex as proving you have become ill due to workplace negligence or an accident on the job can be more difficult than proving you have been injured at work, but our work injury lawyers have the experience needed to get you compensation for your workplace illness.

Illnesses caused by workplace negligence can have serious repercussions on your future. This is especially true when the illness is caused by being exposed to hazardous chemicals or materials. We can help put your mind at eases and will investigate your case, your workplace conditions, and the illness you have suffered to negotiate with your employer and their workers’ compensation insurance agent.

Speak with a Work Illness Expert

Worker’s comp lawyers in St. Louis

Ortwerth Law office is here to help people in St. Louis, Missouri and the surrounding areas. We are experts in work injury cases, and we have a complete understanding of the laws surrounding workman’s compensation and the benefits you should be receiving.

Payment for lost wages after a work injury in Missouri

Your employer [or its insurance company] is required to provide medical treatment and care to cure and relieve you from the effects of the injury. This includes all costs for authorized medical treatment, prescriptions, and medical devices. There is no deductible and all costs are paid by the employer or its workers’ compensation insurance company. However, you have the right to select your own treating physician at your own expense.

Workers’ comp disability payments in Missouri

Permanent partial disability means that your work injury affects your ability to do certain jobs or work tasks but you are still able to work in some capacity (not necessarily the job you had at the time of your injury).

Permanent total disability means that you are no longer able to work at any job. If your last work-related injury alone causes your permanent total disability, you may be entitled to weekly payments for life from your employer and its insurer, or you may want to negotiate a lump-sum settlement instead of the weekly lifetime payment. If your last work-related injury combined with prior disabilities causes your permanent total disability, your employer and its insurer may only be responsible for permanent partial disability and you will have to file a “claim for compensation” against the Second Injury Fund to receive any permanent total disability payments.

Temporary partial disability payments

These benefits are generally paid weekly and should be 66 2/3% of the difference between the average earnings prior to the accident and the amount which the employee, in exercise of reasonable diligence, will be able to earn during the period of disability, subject to the maximum TTD rate.

Workers’ compensation benefit payments

Workers’ compensation benefits are not paid for the first three business days or less of disability if you are unable to work (this is called a waiting period). If you are unable to work for more than 14 days the “three-day waiting period” will be paid. Disability payments and medical bills are paid by your employer’s workers’ compensation insurance company. If a medical bill is not paid or you do not receive a disability check in a timely manner, contact your employer or insurer. Workers’ compensation payments are tax-free.

Temporary total disability payments

The benefits provided for temporary total disability are calculated at 66 2/3% of the injured worker’s average weekly wage, not to exceed a maximum amount set by the law. The average weekly wage is based on your gross wages (your pay before taxes and other deductions).

Permanent partial disability

The benefits provided for permanent partial disability are calculated at 66 2/3% of the employee’s average weekly earnings as of the date of the injury, not to exceed a maximum amount set by the law. However, if you suffer from a permanent partial disability, you may receive a lump-sum payment based upon the nature and extent of the disability.

Permanent total disability

If you are permanently and totally disabled, you may receive weekly payments for your lifetime, or you may negotiate a lump-sum settlement. The amount of the weekly payment is based upon 66 2/3% of your average weekly earnings at the time of the injury, not to exceed a maximum amount set by law (this maximum amount is much higher than the maximum amount for permanent partial disability).

What is the difference between Workers’ Compensation and Employer’s Liability?

The benefits of choosing Orthwerth Law as your St. Louis workers’ compensation lawyers

Anyone who has had to deal with the unfortunate event of being injured or becoming ill due to a workplace incident knows how miserable the process can be. Not only are you dealing with the injury, but you also have to deal with an insurance company that wants to do everything in its power to give you the least amount of compensation possible.

Workers’ compensation can be extremely complex and, depending on your circumstances, you may not get much help from workers’ compensation. That said, there are workers’ compensation lawyers who specialize in this area of law and can help you receive the benefits to which you are entitled. Some of the benefits of hiring a personal injury law firm for your workman’s comp case are listed below.

Our workers’ comp lawyers can help you understand your coverage and the compensation you deserve

Every state has a workers’ compensation system, but they vary quite widely. If you’ve ever been hurt on the job, you’ll need to file a claim. Your employer will then pay you some amount of money, but it may not cover all of your medical expenses and lost wages. In most cases, the biggest resistance will come from your employer’s workers’ compensation insurance agent.

This is where a local workers’ compensation attorney can be extremely beneficial. They will be able to break down your employer’s coverage and help with the process of filing or disputing your claim. The process for filing your claim, and the requirements that must be met by your employer, will vary a great deal from state to state, but there are a few things that are common to all workers’ comp systems. 

Our work injury attorneys will help you document and present all of your injuries, medical expenses, lost wages, and the incident itself so you have all of the required documentation needed to file your case.

What determines the amount of workers’ compensation I will receive?

While specifics of a workers’ compensation payout vary depending on the provider your employer carries, the basic requirements and benefits are specific to the state in which you live. Missouri’s workers’ compensation laws are similar to many other states, but our workers’ comp attorneys will help you understand every detail of how a claim in Missouri works, and what your employer should be paying you for your injuries or illnesses.

The amount of money you receive, as well as the duration of benefits you are entitled to, will vary widely and depends on a number of factors. The workers’ comp benefits you receive depend on things such as:

• The type of injury or illness
• The severity of the injury or illness
• The amount of work missed and wages lost due to the injury
• The circumstances surrounding the incident (How the injury happened and how negligent your employer was)

We will negotiate a settlement or take your case to court

Once our team has finished reviewing the circumstances of your case, the benefits your coverage provides, and how much you are actually receiving, we will be able to determine how much compensation you should be receiving. At this time, we will begin the negotiation process and work to get you the maximum settlement. In many cases, the negotiation and settlement can take place out of court.

If they refuse to meet our demands and pay you fair compensation, we will take the case to court and provide you with the finest workers’ compensation representation in Missouri.

If you have a legitimate workers’ compensation case, it is important to hire an attorney who is familiar with the workers’ comp system. Workers’ comp lawyers will know the system, how to navigate it, and how to get the best possible outcomes for their clients.

We will stay in touch to monitor changes in your health over time

Those who have been the victim of a workplace injury know that the circumstances of their injuries can change significantly over time. It is important that you let your workers’ comp attorney know as soon as there are any changes in your situation. If an injury or illness gets worse over time, it may cause a change in your circumstances and have significant legal implications.

For example, if your medical condition worsens, your workers’ compensation benefits may be reduced. Or, if your income increases (because of promotions, a new job, etc.), you may have to repay some benefits you have already received. Our injury attorneys will be able to help you navigate these changes in your situation and make sure that you are receiving the benefits to which you are entitled.

Workers’ Comp Frequently Asked Questions

What is your process for handling workers’ compensation cases?

Once we have received your information, we will contact you to confirm a time to speak during the requested day and time of day. After your consultation, we will begin examining your case to determine whether or not you are eligible for additional compensation or benefits.

Our personal injury attorneys have gone up against employers and insurance agencies of all sizes, and we look forward to working with you on your case.

How long can I wait to file a workers’ comp claim?

Missouri law requires employees to file workers’ compensation claims “within two years after the date of the injury or death or, last payment was made on account of the injury or death”. This time could be extended to three years if your employer fails to report your injury within a timely manner.

Can I file a claim for compensation without a lawyer?

Yes, you can fill out a Missouri Department of Labor and Industrial Relations Claim for Compensation Form by yourself. However, the Department of Labor’s website emphasizes the importance of hiring an attorney as they have the experience and resources to thoroughly investigate your case.

How much do your workers’ compensation lawyers cost?

We work strictly on a contingency-based structure. You do not pay us anything unless we win your workers’ compensation case.

This is also the case for many other accident and injury attorneys, but we suggest asking any potential attorneys you may speak with so you know upfront whether or not you may be required to pay regardless of results.

Is my employer required to carry workers’ compensation insurance?

The State of Missouri requires all companies with at least 5 employees to carry workers’ compensation insurance. You also will be required to carry this insurance if you operate within the construction industry regardless of the number of employees you have.

For more information, check out this article on workers’ compensation insurance.

Is my employer required to provide me with medical care?

If you are injured or become ill due to a workplace incident, your employer (or their workers’ compensation insurance company) is required to provide the medical care necessary to cure, fix, or relieve your injuries and symptoms.

Your employer (or their workers’ compensation insurance company) is required to cover all costs including doctor fees, costs for medication, and also any medication.

Does my employer or their insurance provider have the right to choose my doctor or healthcare provider?

When it comes to workplace injuries and the process of receiving benefits, Missouri Law states your employer and/or their insurer have the right to choose any doctors, physicians, or healthcare providers required.

You can, however, still choose a doctor or provider of your choosing but it may not be covered by your employer.

Can I appeal the ruling made by the Labor and Industrial Relations Commission?

Yes, you have 20 days after a judge’s ruling to file an appeal to have the ruling of your case reviewed. You can visit this link for more information on Missouri’s Injured Worker Appeals laws and requirements.

When should I consult with a local workers’ compensation attorney?

There is never a bad time to consult with an attorney if you have been hurt at work. Most personal injury lawyers offer a free initial consultation and require no payments unless they are successful in getting you additional compensation.

If you have experienced any of the following situations, we highly recommend contacting an attorney right away:

• Your employer and/or their insurance provider is denying your claim or case
• Your employers’ workers’ comp insurance provider will not respond to your calls, emails, or questions
• You are not getting treatment (or enough treatment) for your injuries or illnesses
• Any time you have applied for Social Security disability benefits
• Your request for payment for lost wages has been denied or gone unanswered
• Your employer will not allow time off to recover
• You have been fired due to your injuries or time away from work

Speak with the best workers’ compensation lawyer in St. Louis

The amount of value we can add to your workers’ compensation case will depend greatly on the circumstances of your case. There are an infinite number of resources online regarding workers’ compensation and the laws surrounding work injuries in St. Louis. The best piece of advice we can give is to speak with our St. Louis workers’ compensation lawyers to get your case started.

Our experienced workers’ comp attorneys will examine your injuries, the benefits you should receive, and what compensation you are currently receiving. Using this information, they will be able to discuss your options and whether or not you have a case.

Additional Missouri workers’ compensation information and resources: