Legal Question in Workers Comp in Missouri

Hi. I am sorry to hear about your work injury. I am a Missouri attorney that focuses my law practice primarily on workers' compensation and personal injury claims, and I handle claims in most parts of the state.

The first thing to remember is that the insurance company of your employer has a strong business interest in minimizing the amount that it will pay for your treatment, and, ultimately, for your settlement (if you are entitled to one). Even if the insurance company accepts your claim, I have seen instances where they delay for long periods, sometimes over a month, before setting up a physician appointment. If you are in pain and need treatment or medication, this can be problematic because you are then required to go to your own doctors. Workers' compensation will not pay for any treatment you choose to undergo on your own, through your own doctors. Most workers' compensation attorneys are familiar with these delaying tactics, and the insurance companies usually respond much quicker (and often set up treatment right away) as soon as an attorney enters in on a case.

Also, for certain types of injuries, you are entitled to receive a lump sum settlement, which can be a fair amount. However, the insurance company for the employer will certainly not willingly offer it. You would need to have an attorney or someone experienced in workers' comp. law to determine the amount you are entitled to under the workers' compensation statute, and then negotiate with the insurance company.

I am not sure what type of injury you have sustained, but I would not allow them to delay in providing you appropriate treatment. I hope this helps to some extent.

I can be reached via e-mail at [email protected]. Thanks.

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.

The above response provides some very valuable information. I would advise you to consult with an experienced worker's compensation attorney before doing anything else. Many attorneys will agree to give you an in-office consultation with no charge in order to determine if it would make sense for you to hire an attorney to represent you. If so, the attorney will agree to work on a contingency fee basis, meaning that the attorney's fees come out of any final settlement or other recovery made on your behalf at the end of the matter. The attorney's fees will be only 25% rather than the larger amount taken by attorneys on other matters. In most cases you will wind up with greater compensation for your injury even after the attorney's fees are deducted than you would obtain representing yourself. Please consult with an attorney. If you do not know one, I would be happy to refer you to one of the very best in the state!