Legal Frequently Asked Questions (FAQs): Get Your Injury, Accident, And Insurance Questions Answered By Attorneys Who Know The Law
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Should I contact a Missouri Workers' Compensation attorney or be concerned about my Missouri Workers' Compensation claim if am sent back to work after a workplace accident and told it is "light duty"?
If you are sent back to work after a Missouri workplace accident and told it is "light duty" you should know what your rights are. It will depend on a variety of factors. Since it can become complicated and you may be unsure of your rights, you may find it necessary to seek counsel from a Missouri Workers' Compensation attorney.
Sometimes after an injury at work, you will be told you can return to work with certain restrictions on how much you can do. This is called "light duty" and will vary depending on the type of job you have and the tasks involved.
If you are responsible for loading a truck and packages can weigh anywhere up to 50 pounds, your doctor may restrict you to no more than 20 pounds. While you might think this means you don't have to return work, your employer may have other work available for you, such as filing.
If you are offered another type of work, you must accept it. If you do not, you jeopardize your right to benefits through your Missouri Workers' Compensation claim.
There are times when it may become necessary to seek the help of a Missouri Workers' Compensation attorney. If you are released by a doctor to perform light duty work but your employer does not comply, you should speak with a Workers' Compensation attorney.
Another time you may need a Workers' Compensation attorney is if your employer doesn't have light duty work available and won't pay you. To fully understand what your rights are as a worker when you have a Missouri Workers' Compensation claim, it is best to speak with an experienced Missouri Workers' Compensation attorney.
Contacting a Missouri Workers' Compensation Attorney
When a workplace accident in Missouri causes serious injury or death, Missouri Workers' Compensation is often the primary source of benefits to address the damages. Order our FREE guide to Missouri Workers' Compensation for injured workers and learn more about this often complicated system. If you have questions about Missouri Workers' Compensation or your claim has been denied, delayed or unfairly reduced, contact the Missouri Workers' Compensation attorney team at Bollwerk & Tatlow, LLC - 314-315-8111.
Can I Receive Workers Compensation For Hearing Loss?
According to the Centers for Disease Control, an estimated 10.2 million workers do their jobs in dangerously noisy environments. Even with federal regulations and ear protection equipment, each year thousands of employees suffer permanent hearing loss and even deafness because of the noise pollution at their work sites. Workers who suffer hearing damage that prevents them from doing their jobs or that leaves them with long-term disabilities very well may be eligible to collect workers’ compensation in Missouri or Illinois for occupational hearing loss. If you have suffered a hearing-related injury at work, talk to a St. Louis workers’ compensation attorney today about your case.
What Is The US Occupational Safety And Health Administration (OSHA)?
The US Occupational Safety And Health Administration (OSHA) is an agency in the Department of Labor that issues safety regulations across the United States and makes certain that companies do not violate workplace safety and health standards. Overall, the OSHA works toward preventing workplace injuries, on-the-job fatalities, and work-related illnesses and chronic conditions. Created in 1970, the OSHA exists to protect workers from dangerous conditions, such as heavy equipment, chemical exposure, and falls. Critics of the OSHA feel that the agency does not do enough to enforce safety regulations, especially in the wake of a fatal worker accident. However, over the last 30 years a number of changes have been made to the OSHA meant to improve the government agency’s ability to create and enforce safety rules.
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.
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.