If you have been hurt at work, you may be concerned about the impact it could have on your job. Many injured employees tell us that they won’t be able to get help for their injuries.

The Missouri workers’ compensation system is designed to provide help for injured employees. Here are some workers’ compensation FAQ’s:

Q. Can I file suit in my local court or do I have to file a workers’ compensation claim?

A. A workers compensation claim is almost always the exclusive remedy for injuries that occurred on the job. There are very limited circumstances where you can sue your employer outside of the workers compensation system. An experienced workers compensation attorney can review your claim to see if you fall into one of the exceptions, but generally, you will be compensated through the workers compensation system.

Q. When am I eligible to file a workers’ compensation claim?

A. If you were acting within the scope of your employment at the time you were injured, you are eligible to file a workers’ compensation claim. Stated another way, you are eligible to file a claim for benefits if you were hurt while performing your job duties. There are some areas where it is not clear if your injuries occurred in the course and scope of your employment, for example, if you were hurt while driving to work or walking into the building to begin your work day. These situations need special attention and must be discussed with a work comp attorney to determine if you have a claim.

Q. Is my employer required to maintain workers’ compensation insurance?

A. Employers who have five or more employees are required to maintain workers’ compensation insurance in Missouri, unless your employer is in a construction business, in which case they must have insurance if they have one or more employees. There are exemptions from the insurance requirement for farm laborers, commercial motor-carrier owner operations and other classes of employers.

Q. How does a workers’ compensation claim work?

A. The system is a compromise between the injured employee and the employer. If you have been hurt in the course and scope of your employment, your are entitled to benefits without having to show your employer was negligent. You must report your injury to your employer within 30 days of the injury or your claim may be barred. Familiarize yourself with your employers’ policy on reporting of claims and report your injury immediately. After notice, your employer must then file a Report of Injury with the Missouri Division of Workers’ Compensation. Your employer has the right to pick and choose the doctors that treat you and is also able to pay your wages and compensation for permanent injuries at a lower rate than would be true if you were able to file a civil lawsuit.

Q. What benefits are available in a workers’ compensation claim?

A. Workers’ compensation benefits include payment of your medical expenses, lost wages (temporary total or temporary partial disability) and any permanent partial disability following an on the job injury. If you are permanently and totally disabled from returning to work, you may be entitled to workers compensation benefits for the rest of your life.

Q: When must I file a workers’ compensation claim?

A: A workers’ compensation claims must be filed within two years following the date of injury, or the date the last payment was made on account of the injury. In some very limited circumstances, if your employer failed to file the required Report of Injury on time, you may have three years from those dates to file your claim. The important thing to know is that you have a limited time to file a claim and you should discuss your claim with an attorney sooner rather than later.

Q: Can I be fired if I file a claim?

A: Under Missouri law, employers cannot fire you solely because you filed a workers compensation claim. Unfortunately, cases interpreting this law have said that it only applies if your employer is dumb enough to tell you that your job was terminated for filing a claim. You should always discuss this situation with your attorney.

Q: What if cannot return to work?

A: If you cannot return to work in any capacity because of your injuries, you may receive permanent total disability benefits for life.

Q: Do I need to hire a lawyer?

A: You can be assured that your employer, and its workers compensation insurance carrier, will have an attorney on their side. Your claim may present issues that require legal expertise. A workers compensation attorney can discuss the facts of your claim and let you know what benefits are available to you. We offer a free initial consultation, so if won’t hurt you to see what your options are and how we can help.

Q: If I hire you, what are your fees?

A: Our firm handles workers’ compensation claims on a contingency fee of 25% of the benefits awarded to you, plus reimbursement of the actual expenses incurred in your claim. Other arrangements are available depending upon the circumstances of your particular claim.