Workplace injuries can be devastating, impacting your health, financial stability, and overall quality of life. If you’ve been injured on the job in Missouri, it’s important to understand your rights and the steps you need to take to protect them.
At The Tourigny Law Firm LLC located in Kansas City, Missouri, we understand how overwhelming a workplace injury can be. Attorney Greg Tourigny is dedicated to helping injured workers manage the intricacies of personal injury claims and workers’ compensation cases.
Read on to learn about the steps you should take after an on-the-job injury and how to secure the benefits and financial recovery you need.
Reporting Your Injury
The first step after a workplace injury is to report the incident to your employer as soon as possible. Under Missouri law, you’re required to notify your employer of your injury within 30 days. Failing to do so may jeopardize your eligibility for workers’ compensation benefits.
When reporting your injury, provide specific details about how the accident occurred and any symptoms you’re experiencing. Be sure to document your notification in writing, as this creates a record that can support your claim. By promptly reporting your injury, you lay the groundwork for pursuing the benefits you’re entitled to.
Seeking Medical Attention
After reporting your injury, seeking medical attention should be your next priority. In Missouri, your employer has the right to choose the healthcare provider for your initial treatment. If you visit a doctor outside of your employer’s network without authorization, you may have to pay for those medical expenses out of pocket.
It’s essential to follow the treatment plan prescribed by your doctor, as failing to comply could negatively affect your workers’ compensation claim. Keep records of all medical appointments, treatments, and expenses, as these documents will be crucial when proving the extent of your injury.
Receiving proper medical care only aids your recovery and strengthens your case.
How Workers’ Compensation Benefits Affect Your Claim
Workers’ compensation benefits are designed to provide financial relief to employees who are injured on the job. In Missouri, these benefits typically cover medical expenses, lost wages, and disability compensation. Depending on the severity of your injury, you may qualify for temporary or permanent disability benefits.
It’s important to note that workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who caused the accident. However, managing the claims process can be challenging, especially if your employer or their insurance company disputes your claim.
Understanding how workers’ compensation works can help you secure the benefits you need while exploring other legal options if necessary.
When to Consider a Personal Injury Claim
While workers’ compensation covers many workplace injuries, it may not always provide sufficient compensation for your losses. In cases involving third-party negligence, you may be eligible to file a personal injury claim to seek additional damages. For example, if a defective piece of equipment caused your injury, you could file a claim against the manufacturer.
Some key factors to keep in mind include:
Third-party liability: Determine whether a third party, such as a contractor or equipment manufacturer, contributed to your injury.
Intentional harm: If your injury resulted from an intentional act by your employer or a coworker, a personal injury claim might be an option.
Compensation limitations: Workers’ compensation doesn’t cover pain and suffering, but a personal injury claim can.
Exploring your options with a qualified attorney can help you identify whether a personal injury claim is the right path for your situation. Keeping that in mind, understanding the role of common challenges injured workers may face when seeking compensation is also crucial to consider.
Common Challenges in Workplace Injury Claims
Filing a claim for a workplace injury can be fraught with challenges, especially if your employer or their insurance company disputes your case. Common issues include delays in claim processing, denied benefits, and disputes over the severity of your injury.
Other challenges may arise if your employer retaliates against you for filing a claim, such as reducing your hours, demoting you, or terminating your employment. Understanding your rights and the legal protections available can help you overcome these obstacles and secure the financial recovery you’re looking for.
How to Strengthen Your Claim
Building a strong case is essential for obtaining the benefits or compensation you need. Proper documentation and timely actions can significantly improve your chances of success.
Some key factors to keep in mind include:
Document everything: Keep records of your injury, medical treatments, lost wages, and correspondence with your employer or insurance company.
Follow medical advice: Adhering to your doctor’s recommendations demonstrates your commitment to recovery and supports your claim.
Seek legal advice: Consult an attorney early in the process to avoid potential pitfalls and make sure that your case is handled properly.
By taking these steps, you can strengthen your claim and position yourself for a favorable outcome. Understanding how to calculate damages is equally important as you work through the process.
Calculating Damages in Workplace Injury Cases
Determining the value of your claim involves calculating the full extent of your damages. This includes both economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering. In workers’ compensation cases, benefits typically cover only economic losses.
If you pursue a personal injury claim, your attorney will work to make sure that all damages are accounted for, including future medical costs and diminished earning capacity. Calculating damages accurately is critical for obtaining your compensation.
How the Statute of Limitations Can Impact Your Case
Missouri law imposes strict deadlines for filing workplace injury claims. For workers’ compensation cases, you generally have two years from the date of the injury or the last payment of benefits to file a claim. Personal injury claims typically have a five-year statute of limitations.
Failing to meet these deadlines can result in losing your right to seek compensation. Consulting an attorney early in the process can help make sure that all filings are completed on time. By understanding these timelines, you can protect your rights and take proactive steps to resolve your case.
Contact a Personal Injury Attorney Today
If you’ve been injured at work in Missouri, understanding your rights and the steps you need to take is essential for recovering compensation. From reporting your injury to exploring personal injury claims, each stage of the process requires careful attention and timely action.
With the right guidance and legal support, you can secure the benefits you need to move forward.
At our firm, we’re here to help you through every step of your personal injury case. We assist clients throughout Kansas and Missouri. Contact us at The Tourigny Law Firm LLC today to discuss your case and learn how our attorney can assist you.
