Legal Question in Workers Comp in Missouri

i got a letter from workmans comp that sent condolences of my son's father's death in January 2010, it said they had come up with an answer to whether or not he was entitled to dependants benefits.

i called today and they told me there is a hearing in September, he died while on the job in an automobile accident being the passenger.

why do i have to wait until September and why do i have to go to a hearing?


Asked on 7/07/10, 7:45 am

4 Answers from Attorneys

Anthony Smith LawSmith

Like most state entities the Workman's comp offices are dealing with restricted budgets, so they are operating slower thatn usual. That probably best explains the delay in the hearing. You will may not have to attend, as your attorney may be able to attend without you. but, ask him first, before deciding not to attend.

Good luck

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Answered on 7/07/10, 11:05 am
Robert Curran Curran Law Firm

You don�t have to wait until September, and shouldn�t. If you (or your attorney) contact the employer/s attorney (whose name is probably on the paper the Division of Worker�s Compensation sent you) you can try to do this sooner. If you don�t know much about this, you should get a lawyer.

But more importantly, you need to have an attorney for your son look into how the crash occurred, and why it occurred. Your son may have the right to file additional claims besides workers compensation, and may be entitled to more than WC death benefits.

I can help you with this if you like. I�m not allowed to put a phone number in here, but you can get it from my website if you�re interested.

Please be aware that the statements and opinions provided above are just a broad informational service to the general public. Since this reply is based upon an incomplete description of facts, this email can not used as a substitute for legal advice from a qualified and fully-informed attorney. Also, these communications are intended for use by the public, and this email does not constitute a confidential communication nor does it create an attorney-client relationship with Curran Law Firm or any of its members.

Rob Curran

Curran Law Firm

3516 South National Avenue

Springfield, MO 65807

www.CurranLawFirm.com

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Answered on 7/07/10, 11:12 am
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri attorney that practices in the area of workers' compensation and handles claims in most parts of the state. I am sorry to hear about this very unfortunate accident.

I came across your posting while browsing this site early this morning, and I thought I would offer some advice because I am certain you have a lot of questions.

In certain situations, and I do not know enough details regarding the accident to make an accurate assessment, your son may have, not only a claim for workers' comp. benefits, but also a separate personal injury claim, from which he could be entitled to substantial benefits.

Also, in order to provide information regarding the types of questions that will be at issue at the hearing, the likelihood of prevailing at the hearing, and how the hearing should be handled, it would be necessary to review a copy of the letter, and have a few more details. The age of your son and how the accident involving his father occurred are critical. If he is a minor, it will be necessary to appoint someone to represent his rights, and this should be done soon, as the process can take a bit of time.

I am not certain if this helps at all, but I hope it is a start. My e-mail is: [email protected]. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 7/08/10, 5:01 am
Michael R. Nack Michael R. Nack, Attorney at Law

My condolences on the death of your son's father.You and/or your son need expert legal advice and possibly representation. Consulting with an attorney should not cost you anything. You should be careful as to who you consult with. If you do not already have an attorney, please feel free to contact me and I will refer you to one of the very best worker's compensation attorneys in the State.

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Answered on 7/11/10, 10:24 am


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