Legal Question in Employment Law in Missouri
proving neglect
what do you need to prove neglect against an employer, in a workman's comp injury?
1 Answer from Attorneys
Re: proving neglect
That is a very broad question, but I will try to handle it. To prove "neglect" in treating a workers compensation case, you must obtain your own medical opinion and get a hearing set before an Administrative Law Judge to order the medical treatment. There are very few penalties for neglect of medical treatment that an employer/insurer will suffer, so its up to you to push your own case and obtain the medical treatment or benefits that you need.
In terms of neglect of your workers compensation injury by ignoring it, the same procedure applies.
Usually, when you feel neglected and are in need of medical treatment that the employer/insurer will not give, you need a lawyer who will set you up with a "friendly" medical expert. Since all of the workers compensation doctors are paid and controlled by the insurance company, they do not always work in your favor.
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