After a work-related injury, you may be wondering what comes next. You may not know that any company with more than five employees is required to either have Workers Compensation insurance or have enough “self-insurance” to cover work-related injuries. Construction companies are required to have Workers Compensation for everyone.
Most employees should have the option to use their company’s Workers Compensation in the event they are injured on the job.
What’s Covered?
An injury, disease or illness that occurs during the normal course of doing your job is covered by Worker’s Compensation. That means if you are injured during your daily commute or on your lunch hour, chances are your injury wouldn’t be covered. But conditions such as carpal tunnel syndrome and exposure to toxins would be.Injuries such as joint injuries, lower back injuries, and neck sprains or strains (i.e., “whiplash”) are common in workplaces. Cuts and bruises that don’t require anything more than first aid wouldn’t be covered. But when considering your disability or medical condition, the injury must be the “prevailing factor,” as well as arising “out of and in the course of employment.” Just like the injuries, exposure to toxins and other environmental factors must meet the “prevailing factor” condition to be covered.Workers Compensation covers medical treatment, temporary wage replacement (“lost wages”) while you are not working, and additional compensation for any enduring permanent impairment or disfigurement.
Reporting Your Injury
You must report your injury within 30 days to your supervisor. For a condition that develops over time, such as carpal tunnel syndrome, you must report the injury within 30 days of discovering your injury (i.e., you receive a positive diagnosis.) It’s best to report the injury in writing.Once you report it, your employer should offer you assistance in reporting your injury to the Department of Labor’s Workers’ Compensation Division. Failing to do so can result in the employer being fined. You have two years from the date of your injury (or discovering your injury) to file a claim for Workers Compensation.
Your Workers Compensation Rights In Missouri
Chances are you will need medical care, and you have the right to receive it. You must notify your employer that you do. Your employer will select a physician, but if you aren’t happy with the one they select, you can choose another. It’s important to make sure that any doctor you choose is authorized, or you will not be able to collect anything.If the authorized treating physician certifies that you are injured and unable to work, or places you on temporary restrictions that mean you cannot work, you’ll receive a check for two-thirds of your average weekly gross wages for the period where you are unable to work. Called “temporary total disability,” or TTD, this money is tax-free, and is generally based on the prior 13 weeks you worked.If you are permanently disabled from any kind of work, you’ll receive Permanent Total Disability (PTD) payments, which are the same as TTD, and is tax-free. You may also be disabled under Social Security; ask your attorney if you should also apply for SSD. However, PTD is more complicated, and you should discuss these options with an attorney.
Help With Your Kansas City Workers Compensation Claim
Since 1918, The Popham Law Firm has been representing people just like you in Workers Compensation claims. We’ll be happy to review your case, let you know if you have one, and how to proceed. Contact us at (844) 243-2288 or (use our online contact form) to get started.
