Legal Frequently Asked Questions (FAQs): Get Your Injury, Accident, And Insurance Questions Answered By Attorneys Who Know The Law
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Can I Receive Workers Comp Benefits If My Spouse Died While On The Job?
Yes, you very well may be eligible for workers’ compensation benefits if your husband or wife dies while on the job or dies from a job-related injury, accident, or condition, or disease. As long as your spouse’s death arose from his or her employment, you may have a valid workers’ comp survivor’s benefits case. How much you receive in benefits after your spouse’s death depends on several factors, including which state you live in. If your husband or wife has died as a result of their job, or if your workers’ comp survivor benefits have been denied, you should speak with an experienced, knowledgeable workers’ comp attorney today about your situation.
What Should I Do If I Am Injured By A Defective Product?
If you or a family member has been injured by a dangerous or defective product, the company that manufactured or sold the product could be held responsible. After the injury or accident takes place, but sure to seek medical attention immediately. In addition, be sure to save the product and all related paperwork (manual, receipts, etc.). If there were witnesses, be sure to collect statements and contact information. Take pictures of the accident scene. Finally and most importantly, be sure to report your injury to the US Consumer Product Safety Commission and call a defective products injury attorney in your area.
What is ERISA?
While the Employee Retirement Income Security Act of 1974 (ERISA) sounds like it simply protects workers’ retirement funds, it actually protects a large range of employee rights as they relate to worker benefit plans. ERISA protects your retirement benefits, pension plans, 401k plans, profit-sharing plans, health care benefits, life insurance benefits, and disability benefits. ERISA makes certain that workers receive their benefit rights and that employers never fire or discriminate against their workers in order to deny them their benefit rights. If you have had a ERISA claim wrongfully denied or if you believe that your employer, insurance company, or union is violating your rights in relation to a benefit plan in Missouri or Illinois, call an experienced ERISA attorney today.
Can I Collect Workers Compensation For An Illness?
As long as your illness, condition, or disease is directly job-related, you may be able to collect workers’ compensation benefits. In the past, workers have successfully filed workers’ comp claimed for work-induced diseases and conditions such as lung diseases, heart disease, asbestosis, mesothelioma, stroke, anxiety, depression, migraines, chronic pain, arthritis, and cancer. In all of the above cases, your disease or illness must arise directly from your job. For example, your lung disease must be caused by the air quality at your job, while your depression or anxiety must be tied to the stress of your job. In some cases, you may be eligible for workers’ comp if your job aggravates a current illness or condition that you had before starting your job.
Do I Have To Be Injured On The Job To Receive Workers Compensation?
While you do not have to be at your workplace physically when an injury takes place in order to collect workers’ compensation benefits, you do need to be engaged in a work-related activity to successfully file a workers’ comp claim. For example, if you are injured while traveling to or from work or if you are injured while on a business trip, you may be able to receive workers’ comp for your accident and injury. Likewise, if you are injured during a mandatory job-related social function, you may be eligible to collect workers’ comp benefits.
What Is Workers Compensation?
Workers’ compensation, also known as workers’ comp, is a form of insurance that must be legally provided by employers to employees in the case of an on-the-job or work-related accident, injury, disability, condition, or illness. Under the law, most employers must provide workers’ comp benefits (in the form of fixed monetary payments) to injured workers regardless of fault and, in exchange, workers are not able to sue their company for the accident or ask for punitive damages. In addition, if a worker is killed on the job, workers’ compensation should be provided to that worker’s dependents.
I do not like the company doctor. Can I quit seeing him and go see my own doctor?
Under Missouri workers' compensation law, the employer has the right to direct the medical treatment. That means the employer gets to choose your doctors. You can always ask the employer to allow you to go to a different doctor, and a good employer may accomodate that request and select a different doctor for you to see. However, most employers are going to require you to go to the doctor they choose (or tell you that you have to go to whomever the workers' compensation insurance carrier tells you to see). If you feel that the "company doctor" is actually endangering your health, then you may be able to ask an administrative law judge to order a change in medical provider. You will most likely need legal assitance to do this, so please call us at 877-315-8111 if you think you are in danger due to the treatment you are receiving from the company doctor.
Who provides benefits under the Worker's Compensation law?
By law, your employer is responsible for providing workers' compensation insurance, with very few exceptions. In some instances, your employer provides benefits directly by being self-insured, but the for the most part, employers provide the benefits directly through a workers' compensation insurace company. A worker cannot be charged for workers' compensation insurance, as it is to be provided under law at the employer's expense.
How many days of work do I have to miss from an injury before the workers' compensation insurance carrier starts paying me for my time off?
In Missouri, there is a 3-day waiting period. This means that you have to miss 3 days of work before the workers' compensation carrier must begin paying you. If you are unable to go back to work within 14 days of the accident, you will be repaid for those first 3 days of missed time. On the other hand, if you miss less than 14 days of work, you will not be paid for those first 3 days.
Do I have any responsiblities once I am injured on the job?
If you are injured in Missouri, you may be responsible to inform your employer about the circumstances surrounding your work-related injury within 30 days of the date of the accident. You are also obligated to follow the orders of the employer-chosen physician.