Few people know much more about these programs and how they work. But Workers’ Compensation is available to nearly all employees, even those who work less than demanding desk jobs. So understanding the basics of Workers’ Compensation makes sense.

The following are a few points every employee should understand.

What Exactly Is Workers’ Compensation?

Workers’ Compensation provides compensation benefits to workers who have been injured while working and who are recovering from their injuries.

The basic idea of Workers’ Comp is to provide injured workers with financial support while they recuperate, and to do so in a straightforward manner, getting benefits into the hands of sick or injured workers quickly.

However, the claims process which determines if an illness or injury qualifies for compensation can be lengthy. In addition, in many states the claims process can be complex and time-consuming.

Workers’ Compensation is paid for by employers or the state, depending on the state, and can take the form of a state-run insurance program, payments by the state and/or employers to an insurance company, or direct payments to workers from employers.

In Missouri, employers purchase Workers’ Compensation from state-authorized insurance companies.

What Is Covered By Workers’ Compensation?

In nearly all states, Workers’ Comp is composed of three types of benefits; medical treatment for the injury or illness suffered by the worker, temporary wage replacement while the worker is unable to work, and compensation for any remaining permanent injury, impairment, or disfigurement.

It is important to understand that workers’ compensation is a form of insurance, and that workers who have been injured or become ill due to work-related hazards are in effect filing an insurance claim when they seek to collect workers’ compensation benefits.

As such, the types of challenges associated with making an auto or homeowners insurance claim can occur as part of a workers’ compensation claim.

Having a claim denied or experiencing delays in being compensated can happen in a workers’ compensation claim just as easily as with a claim involving a car accident, for example.

What Is The Claim Process?

While who pays for workers’ comp insurance varies from state to state, the claims processes for most states are somewhat similar.

An injured worker should immediately report his or her injury to their employer. (Delays may result in a denial of benefits). The employer or the employer’s insurance company is then required by state law to provide medical treatment to the employee. In addition to immediate care, the injured employee may be eligible to receive temporary total disability benefits, permanent partial disability benefits or permanent total disability benefits.

It is important to note that in Missouri compensation is not paid for the first 3 days an injured employee is unable to work. However, if the employee cannot work for 14 days or more, the first 3 days will be paid.

Employees who believe they have not been adequately compensated may work with the dispute management services offered by the Missouri Department of Labor.

These claims may end up being reviewed and resolved either through a conference involving an attorney for the employer or insurer and an administrative judge.

Legal Counsel Is A Must

In cases involving any disputed claim, the injured employee can safely assume the employer or insurer involved will bring experienced legal counsel to the dispute.

An employee walking into a conference with such counsel and an administrative judge is facing an uphill battle without experienced legal representation.

The attorneys of Marler Law Partners have extensive experience in these matters and will protect your interests to the greatest extent possible. Contact us today for a complimentary consultation.

The post Key Things All Employees Should Understand About Workers’ Compensation appeared first on Marler Law Partners.

First responders had to work during most of the pandemic shut downs with little to no PPE, as at the time, there was a nation-wide shortage. We covered the new Missouri law and its potential outcomes back in May.

Now, as we are 6 months into pandemic-related shutdowns, we have started to see workers’ compensation claims filed nationwide.

What does this mean for Missouri first responders’ claims and future expansion of the law?

Large Companies Sued for Wrongful Death and Workers’ Comp

Employers across the country are being sued for wrongful death by the families of workers who contend their loved ones contracted lethal cases of COVID-19 on the job.

Large employers like Walmart Inc., Safeway Inc., Tyson Foods Inc. and some health-care facilities have been sued for wrongful death or gross negligence since the Coronavirus pandemic began spreading across the U.S. back in March.

Employees’ loved ones argue the companies failed to protect workers from the deadly virus and should compensate their family members as a result. Workers who survived the virus are also suing to receive compensation for medical bills, future earnings and other damages.

However, employers have been responding saying that it’s impossible to know where these employees contracted the virus.

Most large employers have implemented employee daily screenings, mask requirements, increased sanitation and limiting numbers of employees and customers within a room.

Missouri First Responders Workers’ Compensation Claims Being Filed

We are now seeing the first wave of workers’ compensation and wrongful death claims being filed due to COVID-19 in Missouri.

A nurse in Kansas City contracted COVID-19 while working with a positive patient and died a month later. Two days before she came into contact with that patient, her employer Kansas City Medical Research Center took away PPE (personal protective equipment), making their employees more vulnerable to contracting the airborne virus.

Her family argues that their daughter’s death was preventable if the employer had followed CDC guidelines and provided PPE. Their case is still pending.

Claimed Success and Future Expansion

In Missouri, first responders are currently defined as law enforcement officers, firefighters and EMTs.

Many new lawsuits being filed nationwide wants to expand the definition during this time to include anyone forced to return to work within the first few months of the pandemic – including grocery store employees and others who had to interact with the public on a daily basis.

However, Missouri workers are more fortunate than those in states like Texas, who have yet to pass a law protecting their law enforcement officers.

Claims and lawsuits are still being filed and processed, so it is hard to know what the outcome will be. But it is important for every essential worker to know their rights if they believe they contracted Coronavirus on the job.

Contact the experienced attorneys at Marler Law Partners for a free consultation if you believe this applies to you.

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If you read our blog posts earlier this year, you’ll remember that traditional workers’ compensation law requires employees to be injured on the job or exposed to occupational disease in the course and scope of employment to qualify for benefits.  Occupational diseases (like carpal tunnel, inhalation injuries and other latent-onset diseases) can be difficult to prove in workers’ compensation claims.

With the current COVID-19 crisis, essential workers risk being exposed to the dangerous virus at work.  Recently, Governor Mike Parson set up an emergency rule to protect front line workers who contract or are exposed to COVID-19.

New Missouri Workers’ Comp Rule Supports First Responders

Missouri lawmakers enacted 8 CSR 50-5.005, entitled “Presumption of Occupational Disease for First Responders,” to ease access to workers’ compensation for some essential workers.  This law creates a legal presumption that the virus was contracted at work and will be in effect from April 22, 2020 through February 1, 2021.

Though the regulation currently only covers law enforcement officers, firefighters and EMTs, there is a push to expand the coverage to include doctors, nurses, home health care workers, grocery store employees and other essential workers.

This rule will allow those affected by COVID-19 to have their medical bills covered and time off paid, as well as compensation for any resulting disability like lung damage.

You can read the full language of the statute on the Missouri Department of Labor’s website.

Are you or someone you know working as a first responder during the COVID-19 Crisis? Call the attorneys at Marler Law Partners today if you think you have a Workers’ Compensation claim related to your work during the stay-at-home orders.

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Workers’ comp is designed to make up for medical costs and lost wages while they were out of work and is legally mandated in most states (except for Texas). 

While you may be familiar with this program, there are some important details you need to understand if you are considering a workers’ compensation claim. 

Will My Illness Or Injury Qualify? 

Not every accident or illness that occurs while you are working qualifies to be covered by workers’ compensation.  

To qualify for workers’ comp, an injury must meet the following requirements: 

• Arise out of employment (AOE) 
• Be in the course of employment (COE) 
• Be within the scope of employment (SOE) 

Translation? If you were doing a task to benefit your employer or within the scope of your job and you become ill or injured as a result, then you can receive benefits.  

In Missouri, you must be an employee of a business that has workers’ comp insurance and meet all filing deadlines per Missouri’s labor laws.  

However, injuries incurred over lunch breaks or at company events are some of the gray areas that need to be addressed with the AOE/COE rules.   

Lunch Breaks 

Let’s say you sprained your ankle walking from picking up a sandwich at the deli on your lunch break. That most likely wouldn’t qualify as you were off the work premises and not completing a task to benefit your employer.  

However, if you were picking up a sandwich for your boss or a platter for an office lunch, then you may qualify for workers’ comp.  

Traveling 

Under what’s known as the “going and coming rule,” workers’ comp usually doesn’t cover injuries sustained during your work commute.  

There are exceptions to this rule, however, including when you’re: 

• Driving a company vehicle 
• Required to bring your own car for business use during the workday 
• Doing special errands for your employer 
• Traveling on a business trip 
• An employee who regularly travels for work or doesn’t have a regular, fixed work site (such as traveling salespeople going to meet customers or health workers going to the homes of care recipients). 

Injuries and Illnesses That Qualify 

There can never be a comprehensive list of the injuries and illnesses covered. Most often, when someone thinks of a workers’ comp injury, they think of a heavy machinery or vehicle accident – someone losing an appendage or even more severe.  

However, below are some of the other more common types covered by workers’ comp insurance: 

• Repetitive strain or stress injuries (RSIs) – This injury occurs in many jobs – not just those of us typing away at our computers all day getting carpel tunnel syndrome!  
• Occupational Illnesses – Work-related illnesses can range from traditional occupational illnesses like black lung disease (from exposure to coal dust) and asbestosis (caused by exposure to asbestos) to AIDS/HIV contracted when a health worker gets a needle stick. 
• Pre-Existing Conditions – Even if you have a pre-existing condition, if a work-related injury aggravated the condition, it would be covered by workers’ comp. 
• Hearing Loss – Anyone who works in a noisy environment, such as construction sites or in an engineering facility, will often suffer hearing loss over time. Unless there’s another obvious reason for the condition, this is usually covered by workers’ comp. 
• Stress–Related Injuries – The medical profession increasingly recognizes the connection between long-term exposure to stress and a wide range of illnesses, both physical and psychological. In Missouri, you do not need to have a physical injury to file a mental stress claim. Still, it may be difficult or impossible to get workers’ comp benefits for illnesses caused by on-the-job stress, the nature of your illness, and the reason for the stress.  

Speaking With A Lawyer 

The rules for workers’ comp coverage of injuries and illness can be very complicated to navigate. You may have trouble successfully filing your claim without the help of an attorney if you suffered a cumulative trauma injury, occupational illness, or stress-related physical or emotional problem because of work.  

An experienced workers’ comp lawyer, like those at Marler Law Partners, can analyze your case, explain whether your injury or illness is likely to be covered, explain the time limits for filing claims related to cumulative trauma or occupational disease, and help develop the strong evidence needed to support a CT or stress-related claim. 

Don’t waste any more of your time – schedule a free consultation with a trusted attorney today to ensure you get what you are owed.  

Don’t Pay A Dime Unless You Get A Settlement. 

Contact The Attorneys At Marler Law Partners Today. 

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But although you may have heard of workers’ compensation, you probably have a lot more questions than answers.

So, let our attorneys address some of the most common questions and answers.   

Remember, when in doubt, we recommend you schedule a free consultation with an attorney to go over the specifics of your workers’ compensation case.

Q: If I’m injured and unable to work, how am I going to pay my bills?

Employers and insurance carriers are required by Missouri law to pay injured workers for time off work.

You will not make your full salary/hourly wage, but you will be paid 2/3 of your average weekly wage (AWW) at the time of the injury until a doctor releases you back to work.  If the amount you are being paid seems low, having an attorney double check that the insurance company has your correct wage rate can help get you the money you are owed.

Q: Will I get fired for filing worker’s compensation claim?

In Missouri, you cannot be fired for filing a workers’ compensation claim. If you are, you may have a claim for wrongful termination. These are difficult and time-sensitive claims, so we suggest you see an attorney immediately to address the issues.

Q: How much is my worker’s compensation case worth?

The answer depends on several factors, including:

• The part of your body injured;
• The amount of money you were making at the time of your injury; and
• The severity and resulting disability (your doctor will assign a percentage of disability) of your injury.

Getting a free consultation with an attorney can give you an estimate and outlook for your case.

Every Worker’s Compensation Case Is Different

No two worker’s compensation cases are exactly the same, so we recommend you speak with a local attorney to see what makes the most sense for your particular case.

Our attorneys understand the law, have experience negotiating with insurance companies and their attorneys and have tested strategies for success.  We can help maximize your recovery and benefits.

The attorneys of Marler Law Partners have decades of experience fighting for southeast Missouri employees hurt on the job and will work diligently to maximize your compensation, offer support and relieve the difficult burden you are facing during your time of need.

Don’t waste any more of your time – schedule a free consultation with a trusted attorney today to ensure you get what you are owed.

Don’t Pay A Dime Unless You Get A Settlement.

Contact The Attorneys At Marler Law Partners Today.

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