Employers and Insurers
We have four partners with over 50 years of combined Worker’s compensation experience. Partner Rob Bullock is a frequent speaker throughout the State of Missouri regarding Worker’s compensation claims.
We have represented employers involved in diverse industries, including temporary services, trucking, manufacturing, and retail.
Our claims experience representing employers and insurers is diverse and has included occupational diseases, amputations, fatalities, neuropathic injuries, and numerous other traumatic injury claims. Several of our cases have involved contract disputes regarding the responsibility of an employer for the actions of an employee as a volunteer, or while involved in other activities that have been determined to be outside the course and scope of employment. Many of our claims involve allegations of permanent total disability, and we are experienced in working with our clients to provide high quality legal services at competitive rates.
Employee Worker’s Compensation Attorneys
One of the most frequent questions we get asked is, “how much is my Worker’s compensation case worth?” The answer, unfortunately, is not always simple. Each Worker’s compensation case is different, and the amount of money you may be entitled to receive will depend on several factors, including the severity of your injuries, the length of time you have been off work, and whether you are able to return to your previous job.
Our Worker’s compensation attorneys understand how the system works and have successfully represented injured workers in all types of cases. We have obtained favorable settlements and verdicts for our clients, including those suffering from serious injuries.
We also represent clients in third-party liability claims. These are claims against someone other than your employers, such as a contractor or subcontractor, that may be responsible for your injuries.
If you have been injured at work, let us help you get the Worker’s compensation benefits you deserve.
The Basics of Worker’s Compensation
Worker’s compensation is a state-mandated insurance program that benefits employees injured on the job. The program is designed to help Worker’s cover medical expenses and lost wages while they are unable to work.
In most states, employers are required to carry Worker’s compensation insurance.
To be eligible for Worker’s compensation benefits, you must have been injured while performing your job duties. The injury can be caused by an accident, or it can be the result of repetitive trauma, such as carpal tunnel syndrome or tinnitus resulting from exposure to noise.
The Worker’s compensation system is intended to be a no-fault system, meaning you do not need to prove that your employer was at fault for your accident. However, there are some exceptions to this rule. If you have a potential Worker’s compensation claim, speak with one of our experienced attorneys who can evaluate your claim.
What Benefits Are Available Under Worker’s Compensation?
Typically, Worker’s compensation will cover medical expenses and a portion of your lost wages.
Medical Benefits: Worker’s compensation will typically cover reasonable and necessary medical expenses related to your work-related injury or illness. This can include the cost of hospitalization, surgery, prescription drugs, and physical therapy. This compensation can also cover the cost of mileage to and from doctor’s appointments.
Lost Wages: If your injuries prevent you from working, Worker’s compensation will typically provide you with benefits to replace a portion of your lost wages. These benefits will vary, but they are usually based on a percentage of your average weekly wage. Worker’s compensation may also provide benefits for temporary disability, which is when you can return to work but cannot earn your full wages because of your injuries.
Death Benefits: If a worker dies as a result of their work-related injuries, worker’s compensation will typically provide death benefits to the deceased Worker’s spouse and dependent children. These benefits can include a lump sum payment as well as ongoing payments to help replace the deceased Worker’s lost income.
How Do I File a Worker’s Compensation Claim?
If you have been injured at work, you should notify your employer as soon as possible. Your employer will then file a claim with their Worker’s compensation insurance carrier.
You will likely be required to fill out some paperwork and may need to provide information about your accident and your injuries. You should also be prepared to provide information about your medical history and any pre-existing conditions.
Once your employer has filed a claim, the insurance company will likely contact you to schedule an appointment for a medical exam. This exam will be conducted by a doctor that the insurance company chooses. The purpose of this exam is to determine whether your injuries are work-related and to assess the extent of your injuries.
After the insurance company has received your medical exam results, they will determine whether or not you are eligible for benefits. If they deny your claim, you have the right to appeal their decision.
What If My Employer Does Not Have Worker’s Compensation Insurance?
If your employer does not have Worker’s compensation insurance, you may still be able to receive benefits through your state’s Worker’s compensation program. If you have a potential Worker’s compensation claim, speak with one of our experienced attorneys who can evaluate your claim and determine what benefits may be available to you.
Can I Be Fired for Filing a Worker’s Compensation Claim?
It is against the law for an employer to fire an employee for filing a Worker’s compensation claim. If you are fired after filing a claim, you may be able to file a lawsuit against your employer.
What If My Claim is Denied?
If your Worker’s compensation claim is denied, you have the right to appeal the insurance company’s decision. The appeals process can be complicated, and you may want to consider speaking with a Worker’s compensation attorney before moving forward.
In some cases, you may be able to file a third-party claim against someone other than your employer. For example, if a defective product injured you, you could file a claim against the product manufacturer.
You may also be able to file a third-party claim if your injuries were caused by the negligence of another person, such as a co-worker. For example, if your co-worker was operating a piece of machinery in an unsafe manner and you were injured as a result, you could file a claim against your co-worker.
A third-party claim can be filed even if you are receiving benefits from your employer’s Worker’s compensation insurance. However, any settlement or judgment you receive from a third-party claim will be offset by the benefits you have already received from your employer’s insurance carrier.
How a Worker’s Compensation Attorney Can Help
If you have been injured at work, you may be entitled to receive Worker’s compensation benefits. Filing a claim and receiving benefits can be complicated, and having an experienced worker’s compensation attorney on your side is important.
Our Worker’s compensation attorneys can help you with every step of the process in the following ways:
- Reviewing your case to determine whether you are eligible for benefits
- Filing a claim on your behalf
- Gathering evidence to support your claim
- Negotiating with the insurance company
- Appealing a denial of benefits
- Filing a third-party claim
- Filing a lawsuit against your employer
Most importantly, our Worker’s compensation attorneys will fight for your rights and make sure that you receive the full amount of benefits that you are entitled to under the law.
Collecting Evidence and Identifying Fault in Worker's Compensation Claims
When it comes to Worker’s compensation claims, there are a few key things you need to keep in mind in order to ensure a successful outcome. First and foremost, collecting as much evidence as possible is important. This includes everything from medical records and bills to eyewitness accounts and photographs. The more evidence you have, the easier it will be to prove your case.
You will also need to identify who is at fault. In most cases, this will be your employer. However, there are some exceptions. For example, the manufacturer would be at fault if you were injured due to a defective product. Once you’ve identified the responsible party, you can begin taking steps to hold them accountable.
What to Do When Your Worker’s Compensation Claim is Denied
If your Worker’s compensation claim is denied, don’t panic. The denial simply means that the insurance company may need more information before they can approve your claim. In many cases, the denial can be reversed with a little extra effort on your part.
The first thing you should do is request a copy of the insurance company’s denial letter. This letter will explain the specific reason why your claim was denied. Once you know the reason for the denial, you can take steps to remedy the situation.
For example, if your claim was denied because you didn’t provide enough evidence, you can gather more evidence and resubmit your claim. If your claim was denied because the insurance company thinks your injuries are not work-related, you can provide additional evidence to prove that your job caused your injuries.
Our Worker’s compensation attorneys can assist you if you need help appealing a denial of benefits. We will review your case, gather additional evidence, and fight to get your claim approved.
Talk to a Worker’s Compensation Attorney Today
If you’ve been injured at work, don’t hesitate to contact our office. We will review your case and help you determine the best course of action. We also offer consultations, so you have nothing to lose by giving us a call.
Frequently Asked Questions about Worker’s Compensation
How do I know if I’m eligible for Worker’s compensation benefits?HCB Law FirmTo be eligible for Worker’s compensation benefits, you must have been injured while performing your job duties. The injury can be caused by an accident or it can be the result of repetitive stress. If you are unsure whether Worker’s compensation covers your injuries, our attorneys can review your case and advise you on the best course of action.
What types of benefits am I entitled to?HCB Law Firm
If your Worker’s compensation claim is approved, you will be eligible for a number of different benefits. These benefits can include medical expenses, lost wages, and disability payments.