The majority of the average individual’s life is spent at work, earning and providing for themselves and their families.
Inevitably, with that much time spent at the workplace, injuries while working are likely to occur at some point.
If you sustained an injury on the job in Missouri, you may need medical treatment and time off work to recover.
With few exceptions, employers are required to carry workers’ compensation insurance coverage to address these needs.
Unfortunately, some employers fail to provide the required insurance coverage.
Others may deny benefits to injured workers or terminate benefits prematurely.
Some employers retaliate against employees who file legitimate Missouri workers’ comp claims.
If you believe you aren’t getting the benefits you are entitled to, you need an experienced advocate to fight for you.
A Missouri workers’ compensation attorney at the Cottrell Law Office can help.
We assist injured workers just like you and fight to protect your rights and help you get the compensation you deserve for your injuries and lost wages.
Please don’t hesitate to contact an experienced workers’ compensation attorney in Missouri for assistance.
What Is Workers’ Compensation?
In Missouri, if an employer has five or more employees, they are legally required to carry workers’ compensation insurance.
Workers’ compensation is a type of insurance that an employer provides to their employees to protect them after a workplace accident.
If you’ve suffered an accident while on the job that results in injury, you may be entitled to benefits. Workers’ compensation benefits include:
- Medical expenses
- Lost wages
- Temporary disability
- Permanent disability
If the work accident results in a death, workers’ compensation can pay out death benefits to the employee’s family.
Workers’ compensation insurance can provide much-needed financial help for employees and their families during a difficult time.
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Do You Qualify for Missouri Workers’ Compensation Benefits?
Although the laws vary between states, most employers are required by law to provide coverage for their employees.
If you sustained an injury on the job, you are likely entitled to have your medical treatment paid for under your employer’s workman’s compensation insurance. You may also be entitled to at least partial compensation for your lost wages.
Under the standard Missouri workers’ compensation rules, this coverage is considered to be “no-fault” insurance.
This means that even if the injury accident was your fault, you are still covered—with only a few exceptions. Outside of those exceptions, your employer cannot wrongfully deny your benefits.
Your employer may be able to deny your Missouri workers’ compensation benefits if you caused an on-the-job injury accident while you were:
- Drunk or high
- Breaking the law
- Engaged in unsafe behavior
- Not wearing required safety gear
- Violating company policy
- Violating safety rules or regulations
These and other exceptions may leave room for interpretation, potentially opening the door for your employer to deny your benefits wrongly.
A Missouri workers’ compensation attorney understands this complex area of the law. With an experienced attorney on your side, you can fight to get the benefits you deserve.
However, the specific workers’ compensation benefits to which you are entitled vary based on the laws of your state.
Related Reading: How to Calculate Your Workers’ Comp Benefits
What to Do After a Workplace Accident
What you do following an accident while on the job can significantly affect your claim. Keep these steps in mind to allow for a stronger claim and higher chances of approval for benefits.
1. Seek Medical Attention
Your health and safety are a priority. If you suffer an accident at work and suffer an injury, seek medical help. Call 911 for emergencies, visit an emergency room, or consult with your physician.
Let your treating doctor know you were involved in a workplace accident and allow for a complete examination.
2. Report Your Accident
Report your work accident to your supervisor or employer as soon as possible. Under Missouri law, you have 30 days to report your accident. Failing to do so can result in the inability to seek workers’ compensation benefits.
3. File a Missouri Workers’ Compensation Claim
You will need to submit a claim for workers’ compensation with Missouri’s Department of Labor and Industrial Relations. In most cases, you will be allowed no more than two years to file your claim.
4. Consult with a Missouri Workers’ Compensation Attorney
Contact a workers’ comp lawyer in Missouri as soon as you can. Your attorney will ask the right questions, review the details of your claim, and help you get the benefits you deserve.
Workers’ Compensation Claims Differ by State
Workers’ compensation insurance eligibility and benefits differ from state to state. The differences can be significant.
The workers’ compensation attorneys at the Cottrell Law Office are extremely knowledgeable regarding the laws for Missouri, Arkansas, Kansas and Oklahoma.
Visit your state’s page to learn more about its specific laws and how they affect your job-related injury claim.
- Arkansas Workers’ Compensation Laws
- Kansas Workers’ Compensation Laws
- Oklahoma Workers’ Compensation Laws
- Missouri Workers’ Compensation Laws
In Missouri, employees are entitled to medical treatment and care, including all costs for authorized medical treatment, prescriptions, and medical devices.
There is no deductible and all costs are paid by the employer or its workers’ compensation insurance company.
In addition to medical benefits, a Missouri employee may be entitled to temporary total disability benefits and permanent partial or permanent total disability benefits.
Common Causes of Workplace Accidents
No two workplace accidents are the same, and the details surrounding the accident heavily depend on the industry and type of work.
However, some of the most common causes of workplace accidents include:
- Poor on-the-job training
- Inadequate safety gear
- Falls from heights
- Overexertion
- Falling objects
- Unsafe working conditions
- Defective or malfunctioning equipment
Accidents at work can happen from one second to the next, leaving you injured and facing many stresses. If you’ve been injured on the job, do not hesitate to contact a workers’ compensation lawyer in Missouri.
Injuries Resulting from Work Accidents
Like the cause of the accident, resulting injuries can also vary greatly.
Some of the most common types of injuries experienced after work accidents include:
- Cuts and lacerations,
- Burns,
- Fractured or broken bones,
- Loss of vision or hearing,
- Back injuries,
- Head and neck injuries,
- Traumatic brain injuries (TBIs),
- Spinal cord injuries and paralysis, and
- Injuries leading to amputation.
Depending on the injury, an employee can require extensive medical treatment and temporarily or permanently lose their ability to work and earn a living. In the most unfortunate circumstances, a work injury results in the death of the employee.
Don’t risk losing your right to receive full workers’ comp benefits—let Missouri workers’ comp attorneys help you.
How to File a Missouri Workers’ Compensation Claim
The deadlines and details for filing a workers’ compensation claim vary slightly from state to state; however, the process is essentially the same:
- The employee must report an injury accident to their employer prior to the prescribed deadline;
- The employer must then advise the injured employee how to obtain treatment within the allotted time frame;
- The employee must file a formal accident report with the insurance company; and
- The insurance company will award benefits based on a medical examination and the recommendations of the doctor.
Be very careful when completing the formal accident report for the insurance company. Your employer and the insurer can use anything you include in your report as a basis for denying your benefits.
Another area of concern is the medical examination. Both your employer and the insurance company want to minimize the benefits they must pay out.
Consequently, the doctor you are required to see might try to downplay the seriousness of your injury or deny necessary treatment.
Consult an experienced Missouri workers’ comp attorney to discuss these potential areas of concern. Your attorney can assist you in preparing your formal report, helping protect your legal right to obtain benefits.
Your attorney can also help you get the care you need and seek appropriate compensation for any temporary or permanent disability you might have suffered.
Workers’ Compensation Benefits Are Important for Employees
The key purpose of workers compensation benefits is to compensate employees for injuries they suffer while at work or performing a job-related activity, without needing to prove who was at fault for the injury.
In exchange for these benefits, the employees who are covered under the law agree not to file a lawsuit against their employer relating to those injuries.
As useful as these benefits can be, if making a workers’ compensation claim lead to retaliation by your employer, the benefits may not seem worth the risk.
Your workers’ compensation lawyer in Missouri can help you if that happens.
Understanding the Independent Medical Examination (IME) Process
One of the most pivotal and often misunderstood parts of the Missouri workers’ compensation process is the Independent Medical Examination (IME). While it may sound neutral, your employer’s insurance company often requests the IME to challenge or limit your benefits.
The insurance company chooses the doctor and pays for the exam. That doctor’s assessment can determine whether your injury is deemed serious, work-related, or even real.
If the IME physician downplays your condition or claims your injury preexisted your job, your benefits could be reduced or denied.
You do not have to go into an IME unprepared. A skilled Missouri workers’ compensation attorney can help you understand what to expect, how to communicate your symptoms clearly and truthfully, and what red flags to watch for during the appointment.
If the IME results are unfair, your attorney can also obtain a second opinion from a neutral or treating physician and challenge the report.
How Pre-Existing Conditions Impact Your Workers’ Comp Case
One of the most common reasons a Missouri workers’ comp claim gets contested is the presence of a pre-existing condition. If you’ve previously injured your back, neck, knees, or another body part, even years ago, the insurance company may argue that your current condition isn’t their responsibility.
However, Missouri law recognizes that work accidents can aggravate or accelerate existing injuries. If your job worsens your condition, you may still qualify for benefits. The key is providing medical evidence that links the current injury to your work activity.
A skilled attorney can gather supportive opinions from your treating doctors and use prior medical records to prove the connection. Don’t let a pre-existing condition scare you away from seeking help.
Common Tactics Insurance Companies Use to Deny Claims
Even when you do everything right, insurance companies use tactics to delay, diminish, or deny your workers’ compensation benefits. These tactics are not always obvious. Some common strategies include:
- Claiming your injury occurred outside of work or was a pre-existing condition;
- Delaying treatment authorizations to pressure you into returning to work too soon;
- Cherry-picking favorable parts of your medical records while ignoring serious diagnoses;
- Hiring private investigators to watch you for signs of exaggerating your injury; and
- Offering quick, lowball settlements before the true cost of your injury is known.
These strategies can be subtle and disorienting. Many injured workers don’t know their rights or how to push back. That’s why consulting an attorney early in the process can be so powerful. With experienced legal counsel, you’ll be better equipped to recognize these tactics and respond appropriately.
What Does Missouri Workers’ Compensation Retaliation Mean?
The legal definition of retaliation (in the employment context) is basically taking an “adverse employment action” against an employee for “engaging in legally protected activity.”
Filing a claim for a work-related injury, under the Worker’s Compensation Act, is considered a legally protected activity because employees are legally authorized to file such claims.
Therefore, the employee is protected from any retaliation or negative consequences from his or her employer, simply because they filed a Missouri workers’ compensation claim.
Retaliation for Making a Workers’ Compensation Claim in Missouri Is Prohibited
Although the right to workers’ compensation benefits is established by law, many employees are afraid to file a claim because they fear losing their job.
However, Missouri law prohibits an employer from discriminating or firing an employee for filing a workers’ comp claim.
However, an employer may “lawfully discipline or terminate pending workers’ comp claimants [or] those who have former workers’ comp claims as long as it is not retaliatory and as long as it is based on misconduct that is unrelated to the workers’ compensation claim.”
So, it may be difficult to prove that the discipline or termination is actually related to the workers’ compensation claim.
If you are treated differently at work following your submission of a workers’ compensation claim, seek the counsel of the skilled MO worker’s compensation attorneys at the Cottrell Law Office.
Retaliation takes many forms and we can explain your rights and assist you to pursue all available remedies.
We’ll take care of everything else.
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How Widespread is Workers’ Compensation Retaliation?
Some reports have indicated that retaliation by employers has become a serious problem. According to the Bureau of Labor Statistics (BLS), nonfatal workplace injuries and illnesses decreased by 8.4% from 2022 to 2023, reaching their lowest level since 2003.
This significant decrease has been attributed to various factors, including safer work conditions.
Yet, some experts believe a major factor in the decrease of reported injuries is the increase in retaliation for making workers compensation claims.
It is believed that employers are taking more aggressive steps to discourage employees from reporting their injuries.
Indeed, some statistics show that, although workers’ compensation claims have dropped, the number of workers’ compensation retaliation claims has doubled.
A Missouri Workers’ Compensation Lawyer Explains Why Some Employers Retaliate
The bad news is, many employers respond to claims of workplace injuries by blaming the employee for the injury and challenging the claim.
Some employers even find ways to punish employees for making a workers compensation claim.
Consequently, many employees are fearful of bringing workers’ compensation claims because of the potential negative consequences.
This type of conduct by employers goes against the purpose and goals of the workers’ compensation system, which is to quickly provide relief to employees who are injured on the job.
Your workers’ compensation lawyer can assist you.
OSHA’s Opinions About the Causes of Workplace Injuries
The U.S. Occupational Safety and Health Administration (OSHA) has reported that a substantial number of workplace injuries have gone unreported in recent years.
OSHA’s investigations have found that most workplace injuries still arise out of unsafe working conditions, rather than employee negligence.
For this reason, if an employee reports an injury, a subsequent investigation may lead to the company’s liability for fines and other violations.
When Should You Hire a Missouri Workers’ Comp Lawyer?
While it is certainly a good idea to consult a workers compensation lawyer when you are facing retaliation issues, this is not the only situation where seeking professional advice would be wise.
When there are any complicated issues in your workers’ comp case, the wisest decision is to consult with a skilled workers’ compensation lawyer in Missouri.
For instance, if your employer denies your claim or you do not receive your benefits, as you should, then an attorney should get involved.
Many employees who are injured at work do not appeal the denial of their claim.
Consulting a workers’ compensation lawyer provides you with the best chance of receiving a fair settlement for your injuries. Reach out to our firm to get started on your case.
Frequently Asked Questions (FAQs)
Can I See My Own Doctor for Treatment After a Workplace Injury?
In Missouri, your employer (or their insurer) has the right to choose the treating physician for workers’ compensation cases. If you see a doctor without their approval, they may not be required to cover the cost. However, if you are dissatisfied with the care provided, your attorney can request a change of physician or obtain a second medical opinion.
What Happens If My Injury Keeps Me From Ever Working Again?
If your work injury leaves you permanently disabled and unable to return to any form of employment, you may qualify for permanent total disability (PTD) benefits. These benefits provide ongoing payments and may also open the door to additional compensation through the Second Injury Fund or Social Security Disability Insurance (SSDI).
Can I Settle My Workers’ Comp Case?
Yes. Many Missouri workers’ compensation cases are resolved through a lump sum settlement. This allows you to receive a one-time payment in exchange for giving up your right to future benefits. However, you should never accept a settlement without consulting a workers’ compensation attorney—once you sign, you cannot reopen your case if complications arise later.
How Long Will It Take to Receive My Benefits?
The timeline varies. Medical treatment should begin soon after the injury is reported. Wage replacement benefits may take a few weeks to process. If your claim is disputed, the process could take months, especially if it goes to a hearing. An attorney can help speed things up by ensuring your paperwork is complete, medical documentation is submitted promptly, and all deadlines are met.
Is Stress or Mental Health Covered Under Workers’ Comp?
In limited circumstances, yes. Missouri workers’ compensation law recognizes certain mental health conditions—such as PTSD or anxiety—as compensable if they stem directly from work-related trauma or events. These cases are more difficult to prove and require extensive medical evidence and expert support, but they are possible with strong documentation.
Contact a Missouri Workers’ Compensation Attorney
The workers’ compensation lawyers of the Cottrell Law Office understand how frustrated you may be if you aren’t getting the medical care and compensation you deserve.
We can assist you in filing a new claim or appealing a denial of your original claim in Arkansas, Missouri, Kansas, and Oklahoma.
We can also help if your employer has denied your benefits or has retaliated against you for filing a claim in Missouri.
To schedule a free consultation, contact us online today for assistance.