Legal Question in Workers Comp in Missouri

(Missouri) I sustained an injury on the job and am being offered the standard formula settlement. However, there were contributing factors and I want to know if I have additional options for compensation.

1) I was stopped on the job I was working on to get a "Rush" job completed.

2) The tool I was using needed to be replaced, I personally had told them about the problems with the tool and offered a more cost effective solution SEVERAL times. Within a couple of days of my injury my suggestions were implemented.

3) I still lost three days of pay due to the waiting period and the fact that the Doctor relaesed me for restrcted duty work. Ethically if not legally, a work related injury should not have taken money out of my pocket.

4) After two surgeries and nearly six months of therapy, I may be at maximum recovery but still have a loss of strength, pain and discomfort that I do not anticipate improving.

In Missouri are there any options to recover for negligence and or pain and suffering?


Asked on 12/02/10, 2:49 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

When you say that you are being offered the standard settlement, I am not sure that I understand what you mean. If you have an attorney, you should direct all of your questions to that attorney since he or she will be familiar with your case. If you are not represented by an attorney, you should at least consult with one. If you are not represented, then it is unlikely that you have received a rating of your injury other than from the insurance company doctor. A more objective doctor may very well give you a better rating which will increase the size of your settlement. I believe that most attorneys will agree to give you a consultation for no charge, and if you elect to use an attorney that attorney may be willing to adjst thte attorneys fees considering the fact that you already have an offer. I happen to know one of the very best worker's compensation attorneys in Missouri, anmd I would be happy to provide you with his contact information. Please feel free to contact me at any time.

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Answered on 12/07/10, 6:31 pm


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