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INJURIES THAT QUALIFY FOR WORKERS' COMPENSATION IN MISSOURI

In 2019, there were an estimated 102,794 work-related injury incidents in Missouri. Workers' compensation laws and regulations are designed to protect employees against work-related accidents. Under the Missouri workers' compensation law, injured workers are entitled to receive certain benefits for their on-the-job injuries. These include medical care, lost wages, permanent disability compensation, and other additional benefits.


If you are involved in a work-related accident, it is important to consult with an experienced Missouri workers' compensation attorney immediately to protect your rights. Our attorneys at the Gartner Law Firm can answer your questions about the injuries that qualify for workers' compensation benefits in Missouri. We will fight empathetically to protect your rights and help you seek fair compensation for your workplace injuries.


The Gartner Law Firm proudly serves clients in St. Peters, Missouri, and the surrounding communities of St. Charles, O'Fallon, and St. Louis.

OVERVIEW OF WORKERS' COMPENSATION IN MISSOURI

The Division of Workers' Compensation in Missouri provides services to employees who have been injured in a workplace accident or exposed to occupational disease resulting from a work assignment or their employment.


Under Missouri workers' compensation law, employers are required to carry coverage or insurance policy that will pay for the medical treatment and lost time benefits for employees involved in work-related accidents. The Division ensures that injured workers receive the benefits they are due.


Furthermore, employers in the construction industry with at least one employee must have workers' compensation insurance. Employers in other industries with up to five employees are also required to carry insurance. The federal laws cover workers in the postal, railroad, and maritime industries.

BENEFITS AVAILABLE

The following benefits are available to workers who are involved in a work-related accident in Missouri:


  • Medical Benefits: All costs required for medical testing, treatment, prescriptions, and more will be covered.
  • Payment of Lost Wages: You may be eligible for temporary disability payments if the injuries sustained makes you unable to work temporarily.
  • Weekly Compensation: Injured employees will receive approximately 66 percent of their weekly wages, not exceeding a maximum amount determined by the law. 
  • Compensation for Permanent Disability: Employees with a permanent disability resulting from the accident may be entitled to permanent disability payments.
  • Survivor Benefits: Upon the death of an employee who has suffered a compensable work injury or occupational disease, the decedent's surviving dependents may be entitled to weekly benefits from the employer or insurance provider. They will receive approximately 66 percent of the deceased's weekly wages, not exceeding a maximum amount determined by the law. Also, the employer or insurer will cover funeral expenses up to $5,000.
  • Additional Benefits: There are also additional benefits for employees who suffer occupational diseases due to toxic exposure. These include asbestosis, mesothelioma, bronchiolitis, berylliosis, silicosis, coal worker's pneumoconiosis, obliterans, and acute myelogenous leukemia.

INJURIES THAT QUALIFY

All injuries that occur during the course and scope of employment qualify for workers' compensation benefits in Missouri. However, Missouri workers' compensation law established three basic criteria for employees to be eligible, including:


  • Your employer must be covered under workers compensation
  • You must be an employee. Independent workers such as freelancers, IT consultants, and other domestic workers are not covered
  • The injury or illness must be work-related


Moreover, the accident or occupational exposure must be "the prevailing factor" that caused the injury, medical condition, or disability.

WHAT ARE THE BASIC ELEMENTS OF A CLAIM?

There are four basic elements required to pursue a claim of fault or liability against a healthcare provider. Those four elements are as follows:

  1. There was a doctor-patient relationship. The doctor was rendering treatment or care to a patient.
  2. The doctor was negligent. The doctor failed to adhere to their duty of care to the patient.
  3. That negligence led to an injury. The doctor’s failure to adhere to their duty of care resulted in injuries sustained by the patient.
  4. The injury caused damages. The injury or injuries suffered by the patient caused non-economic and economic damages.


In this claim, the patient must assert that the standard of care was breached by the healthcare provider and demonstrate that that breach of care caused harm to the patient.

OCCUPATIONAL DISEASES THAT QUALIFY

An occupational disease can be described as a medical condition or illness caused by occupational exposure in the workplace. Some common examples of occupational diseases recognized by the Missouri Workers' Compensation Law include:


  • Injuries that are caused by repetitive motion, such as trigger finger, carpal tunnel syndrome, and epicondylitis
  • Loss of hearing due to prolonged exposure to industrial noise
  • Radiation disability that occurs when an employee is exposed to various types of radiation


To receive benefits under Missouri workers' compensation law, the employee must prove that work was the prevailing factor that caused both the medical condition and disability resulting from the claimed occupational disease.

HOW AN EXPERIENCED WORKERS' COMPENSATION ATTORNEY CAN HELP

Workers' compensation benefits are intended to provide relief to employees who are involved in a work-related accident but navigating the workers’ compensation process can be complicated. If you were hurt on the job, hiring a knowledgeable Missouri worker's compensation attorney is crucial to protect your rights and help you recover your benefits.


Our experienced attorneys at the Gartner Law Firm are committed to providing outstanding legal services and strong representation to clients in both workers' compensation and personal injury matters. Our team will review your case, carry out a detailed investigation, and determine case-value. As your legal counsel, we will fight compassionately to protect your rights and attempt to recover your rightful compensation for your injuries.


Contact the Gartner Law Firm today to schedule a one-on-one consultation and discuss your case with an experienced workers' compensation attorney. We proudly serve victims of workplace accidents in St. Peters, St. Charles, O'Fallon, and St. Louis, Missouri.

The Gartner Law Firm

September 15, 2020

By The Gartner Law Firm 23 Nov, 2020
The Gartner Law Firm
By The Gartner Law Firm 23 Nov, 2020
In 2019, semi-trucks were involved in 179,509 crashes. Their size and weight make truck accidents among the most severe. Nearly 5,000 people were killed in trucking-related crashes in 2019 and thousands more injured, some critically. Lives are lost and others changed forever when someone is negligent while operating a 40-ton vehicle. If you’ve been injured in a truck accident, or if a loved one has been incapacitated or killed, you may be entitled to compensation. Gartner Law Firm helps clients with personal injury claims in St. Peters and St. Charles, Missouri, and the surrounding communities obtain compensation for medical expenses, lost earnings, pain and suffering, and wrongful death. We help people overwhelmed by injury or death find a way to move on with their lives. 
23 Nov, 2020
A 2016 analysis by Johns Hopkins University attributed more than 250,000 deaths a year to medical error in the United States, with hundreds of thousands more left injured. Many of those who are left injured face a long road toward recovery. These victims face anything from minor injuries to significant health complications that can leave them incapacitated for the rest of their lives. Families across the country have suffered after their loved ones have been subjected to serious injuries or even death — all caused by negligence. To make matters worse, in Missouri, many of the laws surrounding medical malpractice favor physicians rather than the patients that they’ve harmed.  Gartner Law Firm has been helping clients successfully pursue medical malpractice claims in St. Peters and St. Charles, Missouri, and the surrounding communities for more than 25 years. We put our experience as personal injury attorneys to work to help seek compensation for both victims and their families.
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