Legal Question in Workers Comp in Missouri

What are her Rights?

My Aunt works at a well known retail company. The other day she was working and walking down one of the isles. A man in a wheel chair came down an isle going rather quickly, he then hit her knocking her to the ground. She fell face first hurting her face, neck , arm, chest and stomach. She went to the emergency room and is now in physical therepy for all of this. She was signing a bunch of papers and signed one that said if the medical treatment she was getting didnt work she would pay for her medical bills herself, she lives alone and i dont believe she knew what she was signing. The company she is working for is also not letting her off work she is having to work with an arm that she cant even lift up and a hurt neck. I just think that this company that is a very well known compnay throughout the world should do more for their employess and they should have more rights in the workplace. What are her rights??


Asked on 10/17/05, 5:35 pm

1 Answer from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: What are her Rights?

I would contest the validity of the "papers." In Missouri, an injured worker is entitled to have her medical paid, and receive payment for time off of work due to temporary disability. Likewise, if she needs to take off of work for treatment, the employer can not punish her. In the end, she is also entitled to a lump sum payment for disability. Any papers that she signed giving up her workers' compensation rights are suspect, in my opinion.

She should hire an experienced injury attorney as soon as possible. If the employer is taking this kind of approach now, imagine what will happen down the road. She may also have a cause of action against the person who caused her injury, if it is not a co-employee.

I hope that is helpful. Your aunt needs to hurry, because statutes of limitation will bar a claim that is not filed on time.

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Answered on 10/17/05, 6:54 pm


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