Whatever happens in day to day life accidents typically can’t always be avoided. Some cause serious injuries which take years of recovery while others lead to fatalities. In Missouri, as in most states, anyone who is injured or becomes ill at work should be covered by their employer’s workers’ comp. insurance. Workers’ comp. isn’t automatic and not all insurers are willing to part with the cash to finance your workers’ comp claim. You need to file a workers’ comp. claim in order to qualify for workers’ comp. To ensure your claim is filed correctly it’s wise to seek help from a workers’ comp attorney who will help to ensure you get your workers’ comp. entitlements. Missouri Workers’ Compensation Law Most employers who have five workers or more must purchase workers’ comp. cover. When you are injured or fall sick at work you must tell your employer within 30 days of the occurrence of the event. The body in Missouri responsible for workers’ comp claims is called the Division of Workers' Compensation. Two years is given within which a claim should be filed. All necessary and reasonable medical treatment is covered including travel costs to the medical facility. In the case of temporary total disablement 2/3 of gross average earnings is payable to the injured or sick worker. There are other categories of disability including permanent partial and permanent total disability which have their own payment strategies. Once you present yourself as sick or injured your employer has the right to choose your physician and arrange medical treatment. The Division of Workers' Compensation requires that the employer informs them of its intention regarding your treatment. When a Workers’ comp. Claim Can Be Denied Despite workers’ comp. laws they don’t always work in favor of the injured or sick employee and if your claim is denied it could be for a number of reasons such as: You were injured while drunk Your injury took place outside of your workplace You failed to file your workers’ comp claim on time Your employer wasn’t aware of your illness or injury Important information was omitted by either your employer or you related to your workers’ comp. application A mistake was made by the workers’ comp. officer in charge of your application. Because an insurer is not always willing to pay workers’ comp. easily it will always find even an unimportant reason for refusing to pay. All is not lost for you the employee as in Missouri you can file an appeal and fight the workers’ comp denial. How to Appeal a Workers’ Comp. Denial in Missouri Once you have received your workers’ comp. denial notice you are advised to contact the insurer to discuss the denial. You may be able to come to an agreement. If this fails you can go onto the next step which is trying to resolve the issue through the Division's voluntary Dispute Management Unit. You can either ask for a conference to be heard by an administrative law judge or you can file an appeal with the Division yourself. If you don’t agree with the administrative judges’ decision you can contact the Labor Commission to assess the decision. This must be done in writing within twenty days of your receipt of the decision. If this decision is not favorable you can appeal to the Missouri Court of Appeals within 30 days of receiving the Labor Commission decision by filing an appeal notice with the Labor Commission. The appeal has to be filed on the Notice of Appeal Form 8-C, There is a charge for the appeal. You May Need the Help of a Missouri Workers’ Comp. Attorney When it comes to appealing a workers’ comp. claim decision, the process can become complex. If you are determined to seek a successful outcome to your appeal you should consider talking to an experienced workers’ comp. attorney who will know which direction to take to help ensure a successful outcome is accomplished.
