Workers Compensation

Five Mistakes in Missouri Work Comp Claims

A Missouri work comp claim can be confusing if you try to represent yourself. Nurse case managers, adjusters, investigators, and the insurance attorney will all be looking into the details of your work injury, making it difficult for you to understand what to do or how to proceed. We’ve seen five common mistakes made by injured Missouri employees that often ruin otherwise good claims:

1. Failing to report your accident/injury to the right individual.
You must report your accident/injury to your employer at your very earliest opportunity. Missouri law requires you notify your employer of your injury within 30 days after the incident. Failure to do so may completely bar your claim from being presented.

2. Failing to give an honest history of the accident/injury to medical providers.
You should absolutely tell medical providers where and how you were hurt, in clear and detailed terms. You should make sure to demonstrate where you were hurt on your body and describe the specific location at work where you were hurt. Tell the doctor if there was anything unusual that caused your injuries. Credibility is often a key component of a work comp claim and that includes what you tell the medical staff.

3. Failing to follow the doctor’s orders.
Missouri employers and their workers’ compensation carrier have the right to choose your doctor. If you fail to attend appointments, or if you fail to follow the doctor’s orders, you may lose your benefits. You need to consult with an experienced workers compensation attorney to determine your ability to disregard medical advice or to obtain a second opinion.

4. Failing to return to work.
Missouri employers may provide light duty work for you if you cannot perform your regular job duties. If this is available, make sure the doctor has approved the light duty position and that you have a clear understanding of what you may do, and not do, while working. If you fail to return to work, you may lose your benefits.

5. Failing to hire a lawyer, or hiring the wrong lawyer.
The workers compensation system is adversarial. The insurance company will be trying to return you to work as soon as possible and further, they will be seeking to pay as little as possible. It pays to have an experienced attorney on your side to secure witnesses and evidence. Sure, you can represent yourself, but you need to realize that there are mistakes you can make that cannot be corrected by even the most gifted attorney. We are experienced in handling Missouri work comp claims from start to finish. Contact us to review your claim today.

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