Legal Frequently Asked Questions (FAQs): Get Your Injury, Accident, And Insurance Questions Answered By Attorneys Who Know The Law
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Am I eligible for Missouri workers' compensation benefits if I have an auto accident on my way to work?
No. Injuries that occur going to or coming from work are not covered by the law. There are some exceptions to that general rule. For instance, if you travel from one job to the next, then you may be covered.
My brother died in a St. Louis car accident. Do I have any rights to sue the responsible driver for my brother's wrongful death?
It depends on what family members have survived your brother. The family members who have the first right to sue for damages are the spouse, children and parents of the deceased. If your brother had no spouse AND no children AND his parents are both dead, then you, as his brother, would have a right to sue. However, if your brother has even one of the above (a spouse, a child, or a living parent), then you do not have a right to sue for damages. Section 537.080 RSMo. sets out the order in which relatives have the right to sue.
I was rear-ended by a truck in a Missouri automobile accident and the insurance adjuster for the truck driver called me and wants to take a recorded statement from me. Should I say "yes" to that request?
Giving a recorded statement is usually not a good idea, without legal representation present. There are some exceptions, such as when the request comes from your own insurance company. If you are asked to give a recorded statement and aren't sure whether you should give that statement, feel free to give us a call and to speak to a St. Louis MO motor vehicle accident attorney at 314-315-8111. We will help you to answer that question.
My health insurance company claims that when I settle my Missouri auto accident case, I have to pay them back for the medical bills they paid on my behalf. Is this true?
It may be true, and it may not be true. Missouri is what is known as an "anti-subrogation" state. This means that, in general, a health insurance company cannot seek reimbursement out of your Missouri personal injury case. However, there is an exception to that rule, and that exception applies to many, many health plans. If your health benefits are provided by your employer through a self-funded ERISA plan, then a federal law known as ERISA applies and basically trumps the state's anti-subrogation law. If you get your health coverage through an employer, then you need the services of a Missouri personal injury attorney to help you determine whether the health plan is truly a self-funded ERISA plan entitled to reimbursement.
If I am denied benefits, should I try to handle the administrative appeal on my own?
If your benefits are denied, it is best to contact an experienced ERISA attorney for the appeal. That is because it is important that a complete administrative record be made. A complete administrative record is necessary, because if you lose your appeal and exhaust all of your administrative appeals, the next level of appeal is to the federal court. The court is required under the law to review your case based on the administrative record only and will rarely let you bring in any new information at that time. Therefore, it is very necessary that you put forward your best case possible at the administrative level. We and our experienced Missouri ERISA attorneys can help you with your administrative appeals and, if that is unsuccessful, we can then handle your appeal to federal court.
The claims handler for my ERISA long term disability plan says I have to apply for Social Security benefits to be qualified for continuing long term disability benefits. Is this true?
Most ERISA disability plans require the claimant to apply for Social Security Disability as soon as they are approved for the plan benefits. This is because the plans are usually written so that the plan gets a credit or "offset" for any amounts they may owe you under the plan for any Social Security benefits you receive. Many plans will provide you legal assistance in helping you apply for Social Security benefits. We at Bollwerk & Tatlow, LLC are happy to help our ERISA disability clients with their Social Security cases as well.
What can I do if the company doctor tells me I am fine after a Missouri workplace accident, but I can tell that something is wrong that may require surgery or some kind of therapy?
Despite your employer stating that you are fine after being injured in a Missouri workplace accident and undergoing treatment, if you feel you may require additional medical treatment of any type, then you should seek legal counsel. A St. Louis Workers' Comp lawyer can take the time to sit down with you and discuss your case.
At some point your employer may indicate that you have reached maximum medical improvement (MMI), which is the stage of your healing in which nothing more can be done. It could be that your medical condition is at a point in which there can be no further improvement or it could be that you are considered to be totally healed.
However, you may believe that surgery or some therapy could help. In this case, you may need to seek help from a lawyer who handles Workers' Compensation claims.
When your employer believes you have reached MMI, then your temporary total disability benefits can be stopped. This also means you may not be able to undergo any further treatment.
You may then request that your employer send you for a second opinion. In most cases, the employer will deny this request. Even if they do allow it, it does not mean they will agree with what the next doctor says about your need for additional medical treatment.
In any event, you will likely need a St. Louis Workers' Comp lawyer to help you determine exactly what you are entitled to. When a Missouri workplace accident results in injuries, then you should know what your rights are as a worker.
Contacting a St. Louis Workers' Comp Lawyer
If you have been injured in Missouri from a workplace accident, it's important that you seek legal guidance from a St. Louis Workers; Comp Lawyer who understands the intricacies of these very complex cases. The lawyer team at Bollwerk & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.
What if I am having trouble performing the job they've given me, but the doctor says it falls within my abilities after suffering injury in a Missouri workplace accident?
If you're having trouble performing your job after a Missouri workplace accident, and the doctor says it falls within your capabilities then you may need to seek legal help. A Missouri Workers' Compensation lawyer can evaluate your case to determine what your rights are and what your next steps should be.
Although a doctor may have given the okay for you to return to work and they've indicated that your tasks fall within your abilities, you may find you're still in pain or dealing with other serious symptoms.
The first thing you need to do is go to your employer and tell them. You can then request to be seen by the doctor again. Although the employer should give you the "okay," if they don't, then you may need to speak with a lawyer who handles Workers' Comp cases.
If your employer agrees to let you see the doctor again and you're told that you can still perform your job duties, you should also seek legal help. A lawyer can help you get a second opinion, if necessary.
A second opinion may result in the need for additional medical treatment. This may lead to your employer fighting against it, for which you would need legal representation.
If, however, the doctor does agree that you shouldn't continue working, then you're entitled to receive total temporary disability benefits (TTDI) once again. If there's a dispute with this, then a lawyer may also become necessary.
If at any time you have a question concerning your rights, when it comes to a Missouri workplace accident, it's best to seek help from a Missouri Workers' Compensation lawyer. They can help you understand your rights and explain what you can do to protect them.
Contacting a Missouri Workers' Compensation Lawyer
If have been injured in Missouri from a workplace accident it's important that you seek legal guidance from a Missouri Workers' Compensation lawyer who understands the intricacies of these very complex cases. The lawyer team at Bollwerk & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.
What is TTD as it relates to my Missouri workplace accident?
If you were injured in a Missouri workplace accident, then you could be entitled to receive temporary total disability (TTD). To learn what your rights are and what types of benefits you may be qualified for, you should speak with a Missouri Workers' Comp lawyer.
When you have been injured while on the job and you are told by your treating physician that you cannot work, you are entitled to take those days off. When a work injury results in temporary disability, then TTD benefits may be available. However, TTD will only kick in after you have missed 3 days of work.
Your benefits will be based on two-thirds of your average weekly income, up to a certain amount. This amount is determined by how much you earned in the 13 weeks preceding your Missouri workplace accident. An average of those earnings will be used in making the calculation.
Figuring this amount is much easier when you have worked at the same place for at least 3 months and if your hours of work are the same each week. It can become more difficult to determine the amount when you have experienced a job change, have fluctuating work hours or your earnings are based on commission.
So the best way to know if you are receiving the right amount of TTD benefits is to seek legal counsel from a Missouri Workers' Comp lawyer. A lawyer has the ability to look at your case and determine if you are receiving the full average weekly income that you are entitled. They can also help ensure that you are treated fairly.
Contacting a Missouri Workers' Comp Lawyer
If have been injured in Missouri from a workplace accident it's important that you seek legal guidance from a Missouri Workers' Comp lawyer who understands the intricacies of these very complex cases. The lawyer team at Bollwerk & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.
Can I settle my Missouri personal injury case on my own without having to hire a St. Louis injury lawyer?
You may or may not be able to settle a Missouri personal injury case on your own without having to hire a St. Louis injury lawyer. This will depend on a few factors, with the most important being the severity of your injuries.
If you have suffered minor injuries in an accident, then you can likely handle it on your own. However, when injuries are significant and will lead to costly medical bills, then you shouldn't try to settle on your own.
This is especially true if your case ends up going to court. You will definitely need the help of a lawyer who handles personal injury cases and has knowledge of state laws.
A lawyer can help in a number of ways. First, a lawyer can help establish liability in your accident. If the other party was negligent, you will want to ensure that you have enough evidence to prove it. This is where a lawyer can help.
Second, a lawyer can assist you with the complicated paperwork involved in filing a Missouri personal injury claim. There may be time limitations as well, which a lawyer will know.
A lawyer can help you reach a settlement that is fair and adequately covers not only your current medical expenses and lost wages, but also future medical treatment and any potential future lost wages.
A St. Louis injury lawyer can determine if you are entitled to additional compensation that addresses pain and suffering, disability, emotional distress or other damages suffered.
Contacting a St. Louis Injury Lawyer
If have been injured it's important that you seek legal guidance from a lawyer who understands the intricacies of these very complex cases. The Missouri personal injury attorney team at Bollwerk & Tatlow, LLC fights for Missouri residents. Contact us today - 1-314-315-8111.