By Steven A. Edelman, Workers’ Compensation Trial Attorney
314-631-6777, Ext. 14
If you suffered a work injury in Missouri, then your Missouri workers’ compensation case will typically follow the below timeline.
- Step 1: The injured worker suffers a work injury while in the course and scope of your employment. See Missouri Workers’ Compensation Law RSMo 287.020
- Step 2: The injured worker makes a written report of injury to the employer within 30 days of the date of the work injury. See Missouri workers’ compensation law RSMo 287.420
- Step 3: Simultaneously with the written report of injury, the injured worker demands that the employer and the employer’s workers’ compensation insurer provide and pay for authorized medical treatment through workers’ compensation. See the law RSMo 287.140
- Step 4: The employer/workers’ compensation insurer provides authorized treatment to the injured worker. See Missouri workers’ compensation law RSMo 287.140
- Step 5: The injured worker completes authorized medical treatment, and the injured worker is released from all medical treatment at maximum medical improvement (MMI) per the order of the employer’s authorized treating doctor. MMI means that the doctor can not recommend any further medical treatment to the injured worker to relieve the injured worker’s symptoms.
- Step 6: Once the employer’s authorized doctor has released the injured worker at MMI, the employer will either have the authorized treating doctor or another doctor of their choice to evaluate the injury worker and provide a disability rating percentage of the injured body part. See Missouri workers’ compensation law RSMo 287.210
- Step 7: If the injured worker is represented by an attorney in their workers’ compensation case, then the their attorney will typically obtain their own independent medical evaluation (IME) chosen by the injured workers’ attorney. This IME doctor will then perform an in-person evaluation of the injured worker. The IME doctor will then generate a rating report which includes the doctor’s disability rating percentage of the injured body part. This rating is typically higher than the disability rating provided by the employer’s authorized IME doctor.
- Step 8: Mediation: The injured worker and their workers’ compensation attorney along with the employer’s/insurer’s defense attorney will then attend mediation with a judge who is called an administrative law judge (ALJ) or just judge. The mediation judge will then give a recommendation of the value of the case based on doctor’s rating reports, the medical records, and all other relevatnt information. The judge will also potentially resolve any other disputed issues or negotiation brought before the judge. The mediation judge’s recommendation is not binding on any party. If you obtain a high settlement recommendation to settle your case from the judge, the employer does not have offer the high recommendation. Likewise, if you receive a low recommendation from the judge, the the injured worker does not have to agree and accept a settlement for the low recommendation. See Missouri Code of State Regulations 8 CSR 50-2.050 Mediation Services
- Step 9: If the both the injured worker and the employer agree on the judge’s mediation recommendation, then the workers’ compensation case can be settled. If the parties do not agree on settlement at the time of the mediation, then the case will proceed to trial.
- Step 10: Trial, also known as a Hearing-Final Award If the parties can not settle the worker’s compensation case, then the case will proceed to trial in front of a Judge. There is no jury in a workers’ compensation case. The trial typically last a few hours to one day. Some trials can last more than one day. See Missouri Workers’ Compensation Law RSMo 287.450 and RSMo 287.460
If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under Missouri workers’ compensation law. Call us for a free consultation: 314-631-6777, Ext. 14
Steven A. Edelman, Attorney