Legal Question in Workers Comp in Missouri

Re: workers comp benefits

I am sorry to learn of your injury, and your problem with the Workers' compensation system.

Yes, you have legal recourse! Workers' compensation pays three things- medical bills, part of your salary while you are off work due to your injury, and a lump sum for the disability you suffer due to your injury. In a case such as yours, some disability is most likely a given, under the law.

You are entitled to payment while you are off work rehabilitating your knee, and if your new injury is really an aggravation of the prior injury, which I suspect, it will increase the amount of the lump sum settlement you get when your condition stabilizes.

Changing jobs is another question. If you change jobs and can't work due to the injury, you are at risk for losing your new job. Proving that the job loss is due to the work related injury would be the first hurdle to getting your time off paid.

Your questions are a bit more complex than can be easily answered on email. Please feel free to contact me, with out cost or obligation, to discuss your case.

Whether you need an attorney in a Workers' compensation case is a difficult question to answer, without knowing you. The real question is whether you have the time, resources and expertise to devote to making sure you get everything you deserve under the law, and whether the fee you would pay an attorney would be worth the peace of mind that you are getting everything you deserve. In any event, I am more than happy to discuss this matter with you and help you make a decision.

Re: workers comp benefits

There is no question that you should retain an attorney. As you probably know an attorney will take your case under a contingency fee agreement meaning that the attorney will take his fee out of the final settlement or other recovery in your case. Your out-of-pocket expense should be minimal or even none at all. An attorney will take steps to make sure that you receive all of the benefits that you are entitled to under the law, including rehab, medications, and so forth. Your attorney will also make sure that you receive what you are entitled to for "temporary total disability" (weekly payments while you are unable to work), and "permanent partial disability" (a lump sum settlement at the end of the case based upon the nature and extent of any permanent damge you have suffered). Finally, your attorney will look into obtaining compensation for you from the state's "Second Injury Fund", again at the end of your case. I would very much like to speak with you and you may call me for a free telephone consultation at 314-727-2822 if you are not already represented by legal counsel. I am confident that I can make sure that you get the expert legal representation that you need. In any event, I wish you the best of luck!