Legal Question in Workers Comp in Missouri

Worker's compensation

I was injured at work and it required surgery. It is a worker's compensation case. All medical bills have been paid and i am still receiving a paycheck like normal. Does the company offer a settlement on this case? If not do i need to file a claim for settlement? By filing a claim do i mark myself a target for termination. I have work at this company for 28 1/2 years. Thank you


Asked on 12/04/07, 8:51 pm

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Worker's compensation

I am sorry that you were injured. If you do not already have an attorney helping you with this, you probably should have one. Normally, the employer, through its worker's compensation insuror, will pay you a lump sum settlement based upon your permanent partial disability. It is important that you receive expert help with this because there is a lot of room for disagreement on the value of any claim, and the insuror has a duty to its owers to pay out the smallest amount possible. This assumes that you ahve properly filed yor claim. Your attorney will be sure that your claim is properly filed, and also have you "rated" by a doctor who will provide a disability rating that the attorney can use to maximize the amount of compensation that you receive in your lump sum settlement. Also, the attorney can properly present you claim in a trial if the insuror is unwilling to make a fair settlement. I always tell people that the attorney will make a professional decision whether you will benefit from hiring the attorney before taking the case. If so, then most attorneys will take your case on a contingency fee basis, which means that the attorney does not get paid until the insuror pays the claim, and even then the attorney only takes 25%. You do not have to pay the attorney anything out of pocket. Please feel free to call me and I can refer you to the very best worker's compensation attorney in Missouri. we wil be glad to offer you a free consultation and then you can decide what you want to do. By the way, there is a statute which prohibits an employer from terminating someone's employment just because they pursued their rights under the worker's compensation law. No matter what you decide to do, I wish you a full recovery and the very best of luck in all things.

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Answered on 12/04/07, 11:10 pm
Spencer Farris The S.E. Farris Law Firm

Re: Worker's compensation

Under workers' compensation law, you are entitled to the benefits you have recieved, as well as a lump sum for permanency. The difficulty will be in deciding the degree of your disability- without an attorney, you will have to accept the offer the insurance company gives you as you will have no rating of your own. A seasoned lawyer should help you maximize the amount you recover. This is important, because work comp law underpays big injuries and insurance companies frequently offer less than a claim is worth, thinking you will take that before hiring an attorney and paying a fee.

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Answered on 12/06/07, 4:55 pm


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