Workers' Compensation Law & It's Nuances

Workers' compensation claims are relatively simple to understand in principle. Basically, employees are automatically provided certain types of compensation for injuries sustained in the course of work, and employers are assured in knowing how much they will have to spend without ever worrying about future court and legal expenses.

However, workers' compensation claims are not always cut and dry in practice. Issues arise constantly in the course of workers' compensation claims, such as with billing or when amounts paid by an employer to the employee (or their family) turns out to be incorrect.

In a recent Missouri case, an employee of an electric company died from extended asbestos exposure. The electric company was ordered to pay the man's widow a weekly death benefit. Somehow through billing errors, the company had overpaid the widow around $20 extra a week until they realized the mistake-- when the overpayments accumulated to over $4,000.

The electric company brought the widow to court based on the first workers compensation claims to dispute the amounts paid and to seek reimbursement for extra monies paid.

The court in this case determined that the widow did not owe the electrical company or their insurance provider for the extra money. Further, the court also found that the widow's future payments could not be reduced lower than the original amount owed to her per week. Meaning, she would no longer receive the additional $20 a week, but beyond that adjustment nothing else could be altered in the amount she was paid as determined by the first workers compensation lawsuit.

As this case shows, there is more to a workers compensation claim than simple payments to an employee injured on the job. Several situational circumstances may arise in workers compensation lawsuits. It is important when dealing with such suits to contact a workers compensation lawyer who has dealt with similar claims before.

Why Should You Get a Workers' Compensation Lawyer

Although Workers' Compensation in Missouri is set up to protect workers and allow them some compensation for medical costs and lost wages, it isn't always easy to obtain what you're entitled to.

If you're injured on the job in Missouri, you're entitled to:

· Medical expenses - your employer should authorize treatment for your injuries

· Temporary total disability (TTD) - you should receive weekly benefits of two-thirds of your wages if you're unable to work

· Permanent total disability (PTD) - you're entitled to weekly benefits as long as you live

· Permanent partial disability (PPD) - you're entitled to benefits if you're no longer able to perform necessary physical tasks

Not all employers are happy to cooperate and do their part for you to receive these benefits. And not all insurance companies are glad to make benefit payments.

Some situations where a lawyer is enormously helpful

1. Ensuring that you meet all deadlines in filing paperwork, or responding

2. Ensuring that you don't sign any documents which deprive you of any of your rights

3. Defending you if your employer wrongly claims that the injury didn't occur while you were "on the job". Perhaps you were traveling for company business. Maybe you were working at home for your employer. There are situations where a lawyer working against you can make it seem as if you're not entitled to Workers' Compensation benefits. You need your own Missouri Workers' Compensation attorney to protect you.

4. Supporting you if your employer is reluctant to authorize medical treatment. Perhaps your employer is stating that you're exaggerating your injury. Having your own Missouri Workers' Compensation attorney will straighten out that tangle, by bringing in medical experts who can testify on your behalf.

5. Defending you if your employer tries to retaliate against you for asserting your Workers' Compensation rights. Perhaps you find yourself demoted after a while, or even fired for some strange-sounding reason. Perhaps you're denied a promotion that was previously promised. In these kinds of situations, you need legal help to prevent retaliation.

6. Filing a lawsuit for you if there was another party responsible for your injury besides your employer. Even if the Workers' Compensation aspect goes as it should with your employer, there may not be enough compensation from that source to cover your medical costs and lost wages. If another party was negligent in contributing to your injury, you could potentially file a claim against them and obtain more redress than just Workers' Compensation.