The History of Missouri Workers Compensation
MO Workers Compensation Lawyer
Roskin & Hoffmann, LLC
The Missouri Workers Compensation laws gone through significant changes in Missouri, the most recent being in 2005.
Workers compensation is a social insurance program that requires certain employers to carry insurance. under this system, the injured worker no longer has to prove that their injury was the result of some negligence by the employer, but rather that their injury arose out of the course and scope of employment. Negligence is a much tougher standard to prove as you have to show something was not done properly and an injury directly resulted from this. The trade off for this however is a limit on the benefits an injured worker can receive. Specifically, an injured worker can receive 2/3 of their average weekly wage for time missed as a result of the workplace injury, medical treatment to cure and relieve and a payment for any permanent disability that results from the work injury,
In 2005 the MO legislature, led by Governor Blunt changed the MO workers compensation law to make it more difficult to obtain these workmans compensation benefits. Specifically, the law called for injured workers to have to prove that their injury was the prevailing factor in causing their disability and need for medical treatment. While the meaning of this has been much debated and contested, the results have been harsher for injured workers when compared to the old standard of substantial factor. Now a worker must prove that the primary reason for their injury was the work accident.
Workers Compensation History: The Second Injury Fund
The second injury fund was created by the MO legislature as well. This was designed to remove the burden from employers of providing workers compensation benefits to an injured worker for disabilities that pre-existed the current injury. This allows workers the ability to prove that when taking all of their disabilities together there is a greater disability than when taking the current injury into consideration alone. The idea behind this is that a person who injures his right knee is less disabled than a person who injures his right knee and has a prior injury to his left knee. Disabilities to both knees causes the person to be more limited and less employable in the open labor market. The end result is that the second injury fund compensates the injured worker for that difference. If the person can prove that when taking all of their injuries and disabilities into consideration they are permanently and totally disabled, the second injury fund is liable for weekly checks for the rest of that injured workers life.
Recent Developments in Workers Compensation Law
Since the 2005 change to the MO workers compensation law is still so recent in comparison to other litigated areas of the law, there is still much question as to how everything will turn out. For the foreseeable future there will be workers comp cases in front of the Appellate and Supreme Court to help everyone understand just how this new law is to be construed. Finding a workers compensation attorney who knows about all of the recent developments in the MO work comp law can help injured workers win their cases.
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Compensation question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Learn the history and origin of workers comp.