Why do you need to hire an attorney to represent you in a Missouri Workers’ Compensation case for your work injury?
By Steven Edelman, Attorney
At the Edelman Law Office, we know that injured workers are intelligent, and injured workers want a straight forward answer to their workers’ compensation questions. Everyday, we answer questions, advise and represent injured workers in all areas of work and in all jobs. We successfully recover workers compensation benefits for injured workers against all employers, ranging from small employers to the largest of the largest employers in the state of Missouri. Below is a list of reasons why an injured worker should hire an attorney to represent them for their work injury in a Missouri workers’ compensation case.
- The injured worker is unaware of their ability to report their work injury to the employer and the injured worker is not aware if their employer has workers’ compensation insurance to cover their work injury. In Missouri, the law states under section 287.127 that “all employers shall post a notice at their place of employment, in a sufficient number of places on the premises to assure that such notice will reasonably be seen by all employees . . .” The notice shall include primarily: 1. That the employer is operating under and subject to the provisions of the Missouri workers’ compensation law; 2. That employees shall report all injuries within 30 days of the work injury to the employer, and 3. The notice shall provide the name, address, telephone number of workers’ compensation insurer. RSMo 287.127
Often times, the employer will not advise the injured worker of their right under Missouri law to report their work injury to the employer. Employer’s will also not tell the injured worker if they have workers’ compensation insurance coverage for their work injury. If the employer does reveal their workers’ compensation insurance company, the employer often times will not report the work injury to the insurer as a claimed work injury and won’t provide the workers’ compensation insurance companies contact information to the injured worker.
2. The injured worker reports their work injury to a supervisor at the employer, but the employer refuses to make a report of injury for the injured worker. As discussed above, in Missouri, the injured worker is required by law to make a written report of injury to the employer within 30 days of the date of the work injury. See the law under RSMo 287.127 and RSMo 287.420. Often times, the employer will refuse to make a report of injury and or denies that a written report of injury was made.
An attorney at the Edelman Law Office will make sure that you timely make your written report of injury to your work and make sure that you include the necessary information in your report of injury. A written report of injury must be made to the employer including (1) The injured worker’s name, (2) Address, (3) phone number, (4) Date of injury, (5) Brief description of how the work injury occurred, and the body parts injured and (6) A demand for authorized medical treatment from the employer and (7) be signed by the injured worker. The injured worker must make the report of injury to a supervisor and someone in charge at the employer, for example, a foreman, boss, supervisor, human resources, manager. Make sure to keep a copy of the report of injury for your own records in the event the employer denies a report of injury was ever made. Report of injuries can be dropped off in person to the employer, faxed, emailed, but must be made in writing.
A lawyer will also then file your case in the court, which is called a claim for workers’ compensation. Once this workers’ compensation claim is filed with the court, called the Division of Workers’ Compensation, the employer and their workers’ compensation insurance company will be notified by the court of your workers’ compensation claim. The workers’ compensation insurance company will typically then respond to and provide authorized medical treatment to the injured worker.
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
Steven A. Edelman, Attorney