Work Place Injury, also known as Worker’s Compensation, happens when you get injured due to a dangerous workplace or accident on the job. When injured on the job, you don’t want to negotiate with your employer and insurance company alone, you need an advocate. At the Law Offices of Tad Morlan, workers’ compensation benefits can help cover medical benefits, wage replacement and disability. Some wonder what they should do after getting hurt within the workplace. It is a tricky subject but you deserve compensation for your lose of work and injuries.
First, report your injury to your employer or supervisor. Remember if you fail to report your injury within 30 days to your employer, it could jeopardize your ability to receive workers’ compensation benefits. Write your report in writing along with the date, time, and place of the injury, write every aspect and the nature of how the injury happened along with the name and address of the person injured. Make sure to keep a copy of this written notice, and the keep a written record of the date you mailed your notice. After reporting your injury, your employer should arrange for the necessary medical treatment and the filing of the reports. To Verify that your injury has been reported, make sure to call the Division at 800-775-2667.
When would you need a lawyer?
- If the Insurance company is denying your case.
- You are not getting the medical care you believe you need
- Tests or surgery ordered by the authorized treating physician are denied or canceled
- You are not getting weekly benefit checks while the doctor says you cannot work
- The insurance company won’t talk with you
- The insurance company is claiming a penalty for a safety violation or for use of drugs or alcohol
- You feel intimidated by the process, or you feel you are being treated unfairly
- You are confused about how to proceed
- You have been fired, demoted or harassed at work because of your work injury, or because you are asserting your workers’ compensation rights
- You have applied for, or are receiving social security disability benefits
- You have qualified for Medicare, or you may qualify for Medicare within the next five years
- Mo HealthNet or Medicaid has paid for your medical bills
- You believe you are permanently and totally disabled, that is, you believe that you cannot work at any job
- Your employer did not have workers’ compensation insurance coverage at the time of the injury
- Your medical bills are not being paid, even though you have only gone to medical care providers authorized by your employer or the workers’ compensation insurance company
- If you feel uncomfortable proceeding with your case without consulting a lawyer first
- A lawyer is almost always needed, when:
- The case cannot be resolved by settlement and must be resolved by an evidentiary hearing (trial)
- The workers’ compensation insurance company strongly advises you to get a lawyer
- An administrative law judge strongly advises you to get a lawyer
If you are wondering what is the next step after filing an Injured Workers Appeal, you will go through the hearing process and an administrative law judge has issued an award, then you have the right to file an application for review with the Labor and Industrial Relations Commission within 20 days of the date of the award. There isn’t a appeal to the Labor and Industrial Relations Commission from any agreement, of settlement, or compromise of any dispute that has been approved by an administrative law judge.
It is normal to feel afraid and confused when dealing with an injury that was caused due to the workplace. Just remember that you are not alone in this process. If you experience an injury at work, know what to do- Call Tad Morlan at 800.246.8000.