Workers' Compensation
Workers' Compensation Attorneys in West Plains
Helping Injured Workers File Claims & Appeal Denials in West Plains, MO
Workers’ compensation provides essential benefits for Missouri employees injured on the job while performing work-related duties. If you suffered harm, you may be entitled to financial recovery to cover medical costs and lost wages due to your injury or disability. File your claim as soon as possible, or you may affect your eligibility. The amount and duration of your benefits depend on the severity of your injury.
Sometimes, claims are denied, making it tough to get the care you need. You have the option to appeal the decision. Whether filing an initial workers’ compensation claim or disputing a denial, you benefit from having an attorney guide you through your case.
At Henry, Williams & Kinder, P.C., our workers’ compensation lawyers in West Plains deliver high-quality legal representation. We know how crucial it is for injured employees to receive financial benefits, medical care, and time to recover. That’s why we assist with every stage of the claims process.
Contact us at (417) 256-8133 today to set up a free consultation with our West Plains, MO, workers’ comp lawyers.
What is Workers’ Compensation?
Workers’ compensation provides benefits to employees injured in the workplace. In Missouri, most employers with five or more workers must carry workers’ compensation insurance, with some exceptions.
Missouri’s workers’ compensation system is no-fault, meaning employees do not need to prove who or what caused the accident. To qualify for benefits, the injury must occur while working and performing job duties. Job requirements must also be a primary factor in causing the injury.
Types of Workers’ Compensation Benefits
When a workplace injury occurs, workers’ compensation is designed to help employees recover physically and financially. The type and amount of compensation available depend on the nature of the injury, how long the employee is unable to work, and whether they can return in any capacity.
Workers’ compensation benefits available include:
- Medical: This can cover costs such as treatment, medical devices, prescriptions, reasonable travel expenses, and other costs related to the injury.
- Temporary Partial Disability: A doctor clears the employee for light or modified work. If wage restrictions result in less pay, the employee may receive weekly benefits of 66 ⅔% of the difference between their average weekly earnings and the amount received on modified duties.
- Temporary Total Disability: If the doctor states the employee cannot return to work for a period because of injuries, the individual may receive weekly benefits of 66 ⅔% of prior average wages until cleared to return to work.
- Permanent Partial Disability: A worker cannot perform some job duties due to the injury but may still work, although perhaps not in the former position. The employee may qualify for weekly payments of 66 ⅔% of average prior earnings or request a lump-sum payment.
- Permanent Total Disability: If the worker cannot return to any kind of work, they may receive lifetime weekly benefits of 66 ⅔% of average wages at the time of injury, or seek a lump-sum payment.
- Death benefits: If a worker dies while on the job, the surviving spouse and children can receive weekly benefits of 66 ⅔% of the worker's average weekly wage from the year before the accident and funeral expenses up to $5,000.
Because of Missouri’s waiting period, benefits are not paid for the first three days the employee is away from work. If the absence extends beyond 14 days, payment for the waiting period will be included.
Common Work-Related Injuries
Workplace injuries can happen in any industry, from construction sites and warehouses to offices and healthcare settings. While some injuries are caused by sudden accidents, others develop gradually from repetitive tasks or ongoing exposure to hazardous conditions.
Common types of work injuries can include:
- Broken bones
- Repetitive stress injuries
- Burns
- Electrocution
- Spinal cord injuries
- Head and brain injuries
- Amputations
- Toxic exposure
- And more
No matter the type of injury, it’s important to report the incident promptly and seek appropriate treatment. If you’ve suffered a workplace injury, speaking with a knowledgeable workers’ compensation attorney in West Plains can help you preserve your rights throughout the claims process.
How Long Do I Have to Report a Work-Related Injury in Missouri?
You must notify your employer or supervisor about a workplace injury within 30 days of the incident.
Your notice must be in writing and include:
- The date, time, and place of the incident
- The type of injury sustained
Failure to notify your employer within 30 days may result in ineligibility for workers’ compensation benefits.
Why Was My Workers’ Compensation Claim Denied?
Insurance carriers sometimes deny workers’ compensation claims. If your claim was denied, do not give up hope. Our experienced team can review the denial, identify any issues, and guide you through the appeals process to help you fight for the benefits you deserve.
Reasons for denial include, but are not limited to:
- Missing the deadline to report the injury
- Non-work-related injury
- Injury resulting from intoxication
If your claim is denied, you can request a review within 20 days of receiving notification. The appeals process often involves providing additional evidence, such as medical records, witness statements, or missing documentation. Legal guidance during this process often improves your chances by helping you follow Missouri requirements and ensure every detail receives attention.
Get Professional Help for Your Workers’ Comp Claim in West Plains
A West Plains workers’ compensation attorney can help with your claim. At Henry, Williams & Kinder, P.C., our team can help gather documents, prepare paperwork, review offers, and appeal decisions. We bring more than 100 years of combined experience to protect the rights and well-being of our clients.
Let our workers’ comp attorney in West Plains, MO, support you. Schedule a free consultation by calling (417) 256-8133 or contacting us online today.
We represent injured workers in West Plains, throughout Howell County and Wright County, and across South Central Missouri.
FAQs About Workers’ Compensation in Missouri
What Are the First Steps to Take After a Workplace Injury?
After a workplace injury, make health and safety your immediate priority. Seek prompt medical care and establish a medical record for your claim. When you are able, report the incident to your employer right away. Give a clear, detailed account of how the injury happened and list any witnesses. This documentation builds the foundation for your claim file.
Being proactive in these steps can affect how efficiently and successfully your claim will progress in the Missouri workers’ compensation system. Keep thorough personal documentation of the injury and any related medical appointments or rehabilitation. These records serve as evidence if your employer or the insurance company disputes your claim. Contacting a workers’ compensation lawyer in West Plains early helps you navigate the process and increases your chances of obtaining benefits.
How Long Does the Workers’ Compensation Process Take?
The timeframe for workers’ compensation in Missouri varies based on the injury’s complexity, prompt diagnosis, claim filing, and employer cooperation. Straightforward cases may be resolved in weeks, while complex claims or appeal situations could take months.
Complex claims often require in-depth investigations to connect the injury to the work environment and demonstrate the extent of its impact. Knowing these timelines and keeping detailed records can help avoid delays. Our workers’ comp attorneys in West Plains provide guidance and can advocate for timely resolutions if disputes arise.
Can I Choose My Own Doctor for Workers’ Compensation Cases in Missouri?
Missouri’s workers’ compensation system typically gives the employer the right to choose the doctor treating a work injury. Employees must see the company’s chosen provider for their medical bills to be covered. If you want to use your own doctor, you may, but that care is generally at your own expense.
Our Practice Areas
- ATV Accidents
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- Boating Accidents
- Car Accidents
- Catastrophic Injuries
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- Defective Products
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Read About Our Results
$8 Million
Rear-End Truck Accident
Rear-end truck accident resulting in paraplegia settled with insurance carriers for a confidential amount after trial court entered an $8,000,000 judgment.
$6.7 Million
Construction Zone Death
No offer wrongful death case brought by the family of a 32-year-old West Plains man killed in an unsafe MoDOT construction zone resulting in a Howell County record $6,700,000 jury verdict.
$6 Million
Tow Truck Wrongful Death
Tow truck wrongful death case where the driver left the scene of the accident settled for $6,000,000.
$6 Million
Unsafe Highway
A double fatality unsafe highway case against MoDOT for the deaths of two Willow Springs teenagers resulted in an award of $3,000,000 each for a total award of $6,000,000.
$6 Million
Wrongful Death
$6,000,000 Arbitration Award against MoDOT for the deaths of two teenage boys killed as a result of a dangerous highway that had no shoulders.
$4.9 Million
Product Liability
Dangerous product which resulted in a traumatic brain injury resulted in a $4,980,000 settlement.
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