Table of contents:
Introduction
Workers’ compensation laws in St. Louis are designed to provide financial support and medical care to employees who suffer injuries or illnesses on the job. These laws ensure that injured workers receive the necessary compensation and medical treatment, regardless of who is at fault for the injury or illness.
According to the Missouri Department of Labor and Industrial Relations, there were over 30,000 workplace injuries and illnesses reported in St. Louis in 2022. The most common types of workplace injuries and illnesses in St. Louis include:
Types of Workplace Injuries and Illnesses
- Musculoskeletal disorders, such as sprains, strains, and back pain
- Cuts, lacerations, and punctures
- Fractures and dislocations
- Burns
- Occupational diseases, such as lung cancer and mesothelioma
Legal Rights of Injured Workers in St. Louis
Injured workers in St. Louis have specific legal rights under the Missouri Workers’ Compensation Law. These rights include the right to medical treatment, lost wages, and disability benefits.
The Missouri Workers’ Compensation Law is a no-fault system, which means that injured workers are entitled to benefits regardless of who was at fault for their injuries. To file a workers’ compensation claim, injured workers must notify their employer of their injury within 30 days and file a claim with the Missouri Division of Workers’ Compensation within two years of the date of injury.
Injured workers who are unable to work due to their injuries may be entitled to temporary total disability benefits. These benefits are equal to two-thirds of the worker’s average weekly wage, subject to a maximum benefit amount. Injured workers who are able to return to work with restrictions may be entitled to temporary partial disability benefits. These benefits are equal to two-thirds of the difference between the worker’s average weekly wage and their current wage, subject to a maximum benefit amount.
Injured workers who are permanently disabled may be entitled to permanent partial disability benefits. These benefits are equal to a percentage of the worker’s average weekly wage, depending on the severity of the disability. Injured workers who are totally disabled may be entitled to permanent total disability benefits. These benefits are equal to two-thirds of the worker’s average weekly wage, subject to a maximum benefit amount.
In addition to medical treatment, lost wages, and disability benefits, injured workers may also be entitled to vocational rehabilitation benefits. These benefits can help injured workers return to work or find a new job.
Filing a Workers’ Compensation Claim in St. Louis
To file a workers’ compensation claim in St. Louis, injured workers must follow these steps:
1. Notify their employer of their injury within 30 days.
2. File a claim with the Missouri Division of Workers’ Compensation within two years of the date of injury.
3. Provide medical documentation of their injuries.
4. Attend a hearing with a workers’ compensation judge.
The workers’ compensation judge will review the evidence and make a decision on the injured worker’s claim. If the claim is approved, the injured worker will be entitled to benefits under the Missouri Workers’ Compensation Law.
Benefits Available to Injured Workers Under the Missouri Workers’ Compensation Law
Injured workers who are unable to work due to their injuries may be entitled to the following benefits:
* Medical treatment
* Lost wages
* Disability benefits
* Vocational rehabilitation benefits
The amount of benefits that an injured worker is entitled to will depend on the severity of their injuries and their ability to return to work.
Role of Workers’ Compensation Lawyers in St. Louis
Workers’ compensation lawyers in St. Louis play a crucial role in protecting the rights of injured workers and ensuring they receive fair compensation for their injuries.
These lawyers are well-versed in the complex workers’ compensation laws and can provide invaluable guidance and representation throughout the claims process.
Benefits of Hiring a Workers’ Compensation Lawyer in St. Louis
- Maximize Compensation: Lawyers can negotiate with insurance companies to maximize the amount of compensation you receive for your injuries, lost wages, and medical expenses.
- Protect Your Rights: They can ensure that your rights are protected throughout the process, including the right to medical treatment, wage replacement, and vocational rehabilitation.
- Reduce Stress: Dealing with a workers’ compensation claim can be overwhelming. Lawyers can handle the legal complexities, allowing you to focus on your recovery.
Tips for Choosing a Workers’ Compensation Lawyer in St. Louis
- Experience: Choose a lawyer with extensive experience in workers’ compensation law.
- Reputation: Look for lawyers with a positive reputation and strong track record of success.
- Referrals: Ask for referrals from other injured workers or attorneys.
- Free Consultation: Many lawyers offer free consultations, so you can discuss your case and assess their qualifications.
- Fees: Understand the lawyer’s fee structure and ensure it aligns with your expectations.
Common Defenses to Workers’ Compensation Claims in St. Louis
In St. Louis, employers and insurance companies may raise various defenses to workers’ compensation claims. Understanding these defenses is crucial for injured workers to overcome them and secure fair compensation.
One common defense is that the injury did not occur during the course of employment. Employers may argue that the injury occurred during a personal errand or break. To counter this, workers must provide evidence linking the injury to their work activities.
Another defense is that the injury was not caused by work. Employers may claim that the injury was pre-existing or resulted from a non-work-related activity. Workers must present medical records and witness statements to establish the connection between their injury and work.
Furthermore, employers may argue that the worker was intoxicated or under the influence of drugs at the time of the injury. In such cases, workers must demonstrate that their impairment did not contribute to the accident.
Resources for Injured Workers in St. Louis
If you’ve been injured on the job in St. Louis, there are a number of resources available to help you. These resources can provide you with financial assistance, medical care, and legal support.
One of the most important resources for injured workers is the Missouri Workers’ Compensation Division. This division provides benefits to injured workers, including medical expenses, lost wages, and disability benefits. To file a workers’ compensation claim, you must contact the Missouri Workers’ Compensation Division within one year of your injury.
Local Workers’ Compensation Lawyers
- The Missouri Bar Association has a list of workers’ compensation lawyers in St. Louis.
- The Missouri Workers’ Compensation Division also has a list of lawyers who specialize in workers’ compensation law.
Medical Providers
- There are a number of medical providers in St. Louis who specialize in treating injured workers.
- The Missouri Workers’ Compensation Division has a list of medical providers who are approved to treat injured workers.
Support Groups
- There are a number of support groups in St. Louis for injured workers.
- These groups can provide you with emotional support and information about your rights.
To get the most out of these resources, it’s important to be proactive. Contact the Missouri Workers’ Compensation Division as soon as possible after your injury. You should also seek medical attention and contact a lawyer to discuss your legal rights.
