Legal Question in Workers Comp in Missouri

I have worked for this company for almost 3 years. I am a manager and have injured my lower back with 5 bulging disc. My boss has replaced me permanently at my store which was less than a mile from where I live. My concern is that when I am able to return to work (having a back issue ) how far can they make me travel one way to keep my possition with the company? And since I do have 5 disc bulging and have been off work for 2 months and have not improved what happens if I am unable to ever return? Not looking good


Asked on 7/27/10, 2:49 pm

2 Answers from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri injury attorney that focuses my work almost exclusively on workers' compensation claims and handles matters throughout most parts of the state. I am sorry to hear about your injury and I know that back issues can be painful and can interfere with your daily activities to a large extent.

The distance that they can require you to drive in order to provide a position for you will be determined, at least partially, by whether the doctor places any restrictions on your ability to drive. A few additional details would be needed to determine whether your employer is required to provide a position for you when you are able to return. Is the company requiring you to use FMLA time? If not, are they paying you every week that you miss work, as they are required to under the Missouri workers' compensation laws?

Under the Missouri laws, in addition to payment for the time missed from work due to your injury, you are also entitled to a lump sum settlement, which can be significant with a back injury, if the doctor determines that you have any continuing, or long-term disability or restrictions. Also, are you seeing only the doctors that the inusrance company is referring you to, or are you also seeing some doctors of your own choosing?

The workers' compensation laws have a lot of requirements built into them, and you can limit your ability to recover all the compensation that you are entitled to if the requirements are not complied with.

In order to determine whether you are entitled to a lump sum settlement, and what would happen if you cannot return to work, a bit more detail is needed. There are three major types of benefits that you are entitled to whenever you incur a work injury, and I am not sure if you are receiving all the benefits. Also, remember that the employer needs to pay for all of your treatment and reimburse you for travel expenses.

I can be reached, for your conveneince, 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.

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Answered on 8/02/10, 5:54 am
Michael R. Nack Michael R. Nack, Attorney at Law

I have been practicing law for thirty two years and I have helped hundreds of people with back injuries during that time. The above answer does a fairly good job outlining some of the basics of the worker's compensation law, The most important point I can add is that you definitely need to consult at least with an attorney who practices worker's compensation law from the claimant's side day in and day out. You need someone who can answer your questions competently and who can help you obtain the maximum benefits and compensation to which you are entitled. If you do not already have an attorney, I can refer you to one of the very best such attorneys in the state of Missouri. He will offer you a free in-office consultation, and if you decide to hire him, he will take your case on a contingency fee basis. This means that you will not have to pay any money to the attorney out of your pocket, he will wait until the very end of the case to collect his fee out of the settlement funds or other financial recovery. A small investment of your time will make a huge difference. Contact me and I will make sure that you have the information that you need.

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Answered on 8/14/10, 10:52 am


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