Hire a St. Louis Worker’s Compensation Attorney Today!
Michelle M. Funkenbusch, Missouri Worker’s Compensation Lawyer Can Protect Your Rights! Call 24/7 at 314-338-3500!
- Worker’s Compensation: In Spring 2010, Michelle won a hearing/trial for an employee of a trucking company who sustained multiple injuries from a fall and who was denied medical treatment or temporary disability pay. Michelle was able to prove the work-related accident was the prevailing factor in causing the employee to sustain his injuries and won an award requiring the employer to pay all outstanding medical bills, to pay over $47,000.00 in back temporary total disability weekly benefits, and an order requiring the employer to provide medical treatment and temporary benefits in the future. The permanent disability case is still pending subject to the client completing treatment.
Injured workers (or dependents) that have not been properly compensated should call Michelle Funkenbusch to file a Claim for Compensation with the Division of Workers’ Compensation. Injured workers have the responsibility to ensure that their injuries have been reported to their employers in a timely manner. As soon as you are injured, you should contact an attorney to make sure you are complying with the law in Missouri. Michelle can also file your claim which begins a contested case proceeding where an administrative law judge has the authority to decide the issues in dispute.
Workers’ compensation is intended to be a streamlined benefits system, but many workers’ compensation cases can be extremely complicated. For example, your workers’ compensation case can affect your entitlement to social security benefits, Medicare benefits, or unemployment compensation benefits. Before you make any decisions on your workers’ compensation case, you should read all the information available to you on this website, and/or consult with Michelle.
Why should you call an attorney right away??? There are deadlines to file your claim. A claim for compensation should be filed with the Division within the statutory period of limitation, which is:
1.Within two years after the date of the injury or death or, last payment was made on account of the injury or death; or
2.If the employer does not timely file a Report of Injury with the Division, within three years from the date of injury, or death, or last payment was made on account of the injury or death.
For additional information on filing a claim or other workers’ compensation questions, please call 314-338-3500.
Avoid potential problems with big firms that treat you like you are just a dollar to them, contact Michelle today at 314-799-6602!
If you have been injured in a Missouri work accident, for a free consultation contact our law firm.
For your convenience, home and hospital visits are available upon request.
Guidelines to consider
If you are injured on the job or have been exposed to occupational disease in the course and scope of your employment, the Missouri Workers’ Compensation law provides some relief from the financial strain of being injured and/or unable to return to work. Upon the death of a worker who has suffered a compensable work injury, certain surviving individuals may become entitled to benefits as well. If you are injured or have been exposed to occupational diseases on the job or you are entitled to survivor benefits, please follow the guidelines below. These guidelines contain information that may be beneficial to you.
Report Your Injury Immediately
Report Your Injury immediately 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. Notify your employer in writing; the 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 injured. Always make a copy of the written notice for yourself and keep a written record of the date you mailed your notice. 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. To verify that your injury has been reported, you can call the Worker’s Compensation Division at 800-775-2667.
Failure to Report by Employer or Insurer
If your employer or insurer knowingly fails to report the injury to the Division in a timely manner, they may be subject to fine or imprisonment or both. Contact Michelle Funkenbusch immediately if this is the case.
Employees covered under the Missouri Workers’ Compensation Law
Every employer that has five or more employees must insure its workers’ compensation obligations with an insurance carrier that is authorized to write such insurance in the state of Missouri by the Department of Insurance, Financial Institutions and Professional Registration, or meet the Division of Workers’ Compensation requirements to self-insure its liabilities. Construction industry employers that erect, demolish, alter, or repair improvements are required to carry workers’ compensation insurance if they have one or more employees. Railroad, postal and maritime workers are covered by federal laws, not by the Missouri Workers’ Compensation law.
Contact Michelle Funkenbusch today to get advice on whether your employer should have worker’s compensation coverage.
Injuries covered under the Missouri Workers’ Compensation Law
All injuries occurring after August 28, 2005, must meet the standard of the accident being “the prevailing factor” in causing both the resulting medical condition and disability and the injury must arise out of and in the course of employment. The prevailing factor is defined to be the primary factor, in relation to any other factor, causing both the resulting medical condition and disability. Occupational diseases occurring after August 28, 2005, must meet the standard of the occupational exposure being “the prevailing factor” in causing both the resulting medical condition and disability.
An occupational disease is a condition or illness caused by occupational exposure in the workplace. In order for an occupational disease to be covered under the workers’ compensation law, the employee must prove that work was the prevailing factor in causing both the medical condition and disability resulting from the claimed occupational disease.
Common examples of occupational diseases recognized by Missouri Workers’ Compensation Law are:
- Injuries caused by repetitive motion. Examples include, but are not limited to carpal tunnel syndrome, trigger finger and epicondylitis.
- Loss of hearing due to industrial noise. This can be a loss of hearing in one or both ears due to prolonged exposure to harmful noise in employment.
- Radiation disability. This is a disability resulting from employment related exposure to various types of radiation.
This is not an exhaustive list of occupational diseases which are compensable under Missouri Workers’ Compensation Law. If you have a condition you believe is an occupational disease, you should: Notify your employer (the process is described below), seek medical attention, and/or consult with Michelle Funkenbusch regarding the legal issues involved in pursuing a Workers’ Compensation Claim.
Do I Need To Give Notice To My Employer?
YES! As of August 28, 2005 cases of occupational disease must be reported to your employer within 30 days of the diagnosis of the condition.
Failure to report your injury or occupational disease to your employer may jeopardize your ability to receive workers’ compensation benefits. To assure your right to benefits for which you may be eligible, notify your employer in writing no later than 30 days after the diagnosis of the condition. The written notice to your employer must state the date, time and place of the injury, the nature of the injury or occupational disease and the name and address of the person with the injury or occupational disease. Always make a copy of the written notice for yourself and keep a written record of the date you mailed your notice. If you hand-deliver your notice, keep a record of the date and time of the delivery and the full name and title of the person you delivered it to. Please contact Michelle immediately if you are diagnosed with a condition you believe was caused by your employer so that your rights are protected, 314-338-3500.