Use our guide to make a full recovery, understand the workers’ comp process, and learn about key legal considerations regarding your claim.
Step 1: If You’re Injured at Work, Seek Medical Attention Immediately
If you are in need of first aid or any additional medical treatment, that should always be the first priority and of utmost importance. Also, be sure to inform your employer that you’re seeking this medical treatment. Under Missouri Law, the employer has the right to select the doctor you treat with. If the injured party seeks medical treatment without the employer and the workers’ compensation insurance company’s authorization, they are normally not required nor responsible to pay for such treatment. However, there are also situations where the employer or insurer will authorize the injured to see their own provider.
The employer or supervisor should arrange the medical treatment and file the required reports with the Division of Workers’ Compensation aka DWC. Once the first report of injury is filed with the DWC, you should be receiving a “Notification of Rights” letter if there was lost time from work. If there is no lost time from work then there will be a “Medical-Only” letter. Be sure to keep these for your records upon receiving.
Keep in mind that covered medical care can include authorized medical testing, treatment, prescriptions and medical devices with no deductible. All costs are paid by the employer or workers’ compensation insurance company. If a bill is sent to you, let the employer or insurance company know ASAP.
Step 2: Notify Your Supervisor Immediately—in Writing
After being injured on the job in Missouri, you have 30 days to inform your employer of the incident. Describe your injury and how the incident happened, including when and where it occurred. Failure to do so within the specified timeframe means the injured employee can lose their right to any and all workers’ compensation benefits.
All states all states have varying deadlines for when a claim has to be filed with the DWC, so check out your state’s Workers’ Compensation website for those details.
Step 3: Fill Out the Required Paperwork
If the employer has an Accident or Injury Report form, complete that form. If there is no form, use this one for Missouri and give to the employer not the Division of Workers Compensation: https://labor.mo.gov/media/pdf/wc-280-ai
Be sure to keep a copy of any relevant forms form and written notices for your records.
Step 4: Prepare for Potential Lost Wages
Temporary total disability payments are available to those who must miss work in the short-term. If you are unable to return to work or recovering from a surgery, you may be able to take advantage of temporary total disability. In the event you are able to return to work on light duty, temporary partial disability benefits are then paid to you. Once maximum medical improvement is reached, those payments would end.
Additional Legal Considerations for Work Injuries
- Report the incident as soon as possible.
- Communication is key with your employer/insurance company. Understand the rules on authorized medical providers. You don’t want to end up paying the bill!
- Always follow the doctor’s instructions in order to have a full recovery.
- Attend an independent Medical Examination if you are required to.
- Go back to work as soon as you are able.
- Attend any hearings that are held in the case when you are notified to appear.
- If in doubt, contact a workers’ compensation attorney.
Get Help From a Workers' Comp Lawyer at Brown & Crouppen Law Firm
If you or a loved one has suffered injuries at work, get help from an attorney at Brown & Crouppen Law Firm. Our Kansas City and St. Louis workers’ compensation attorneys can help you recover compensation for medical expenses, lost wages, and other damages. Since 1979, we’ve help our clients recover over $1 billion as a result of settlements and verdicts, including individuals who have suffered work-related injuries.
Getting started is easy. Request a free case evaluation by calling 888-801-4813 or find out if you have a case online. And remember, there’s no upfront cost to you — if you don’t get paid, we don’t get paid.
Frequently Asked Questions
How long do I have to file a claim?
The deadline to file a claim is known as the statute of limitations, which varies by state. For example, in the state of Missouri, individuals have 2 years to file a claim, and must report the injury to their employer within 30 days from the date of the injury or date that the injury was discovered.
How much will I get from my claim?
The average workers’ comp settlement is $29,750.10, which was calculated based on over 1,000 cases. Typically, the compensation rate equals two-thirds (66.67%) of your weekly wages during the injury period. However, each case is unique and may vary based on the severity of the injuries, wages, and other factors.
How long will my case take?
You may receive a workers’ comp settlement offer at any point during your case, but most cases are settled within 6 months, typically after the injured worker has reached maximum medical improvement (MMI), when a doctor determines that recovery is complete. The timeline for settling a workers’ compensation case varies depending on the severity of the injuries and the number of parties involved.
