Workers Compensation Laws – An Overview
Missouri Workers Compensation Lawyer
Roskin & Hoffmann, LLC
Be familiar with Workers Compensation Laws which were significantly changed in 2005.
Our Workers Compensation Laws section touches on many of the laws you will come by when dealing with a work comp claim. In this section, we address the following:
- Missouri Workers Compensation Statute,
- Fraud and Noncompliance issues,
- Appeals Rights and Procedures and
- Construction Industry Rules.
Should you have any questions regarding the Workers Compensation laws beyond what is discussed on our website, please do not hesitate to contact the experienced attorneys at Roskin & Hoffmann, LLC.
Missouri Work Comp Statute
The MO Workers Compensation Law, Chapter 287, of the Revised Statutes of Missouri, is the exclusive remedy for injured employees to resolve disputes relating to injuries of illnesses that occur in the course and scope of employment. The workers comp law applies to all employers who have five or more workers or to employers who operate in the construction industry and have one or more workers. All of these employers are required to obtain and carry MO workers compensation insurance.
Under this law, an injured worker is entitled to medical treatment for cure and relieve, temporary total disability payment for the time the injured worker is unable to work, permanent partial disability benefits for injuries that are not completely resolved and permanent total disability benefits for injured employees who are never able to return to the open labor market. The temporary total disability payments are to be two-thirds of the injured workers average weekly wage, not to exceed a set limit. The permanent total disability workers compensation benefits provide the injured worker with a check every week for the rest of their life for an amount of two-thirds of their average weekly wage, again, not to exceed a set limit.
The Missouri Division of Workers Compensation
The MO workers compensation system is organized under the Department of Labor and Industrial Relations and subcategorized under the Division of Workers Compensation. There are eight divisions throughout the State of MO, including Cape Girardeau, Jefferson City, Joplin, Kansas City, St. Charles, St. Joseph and St. Louis. Each of these divisions have Administrative Law Judges who preside over the workers comp proceedings.
There is a Fraud and Non-Compliance unit which is responsible for investigating alleged fraud and non-compliance by employees, employers, attorneys, insurers and physicians. An employer can be reported to the Fraud and Non-Compliance unit if it is found that they were not carrying MO workman’s compensation insurance when they were required to.
Settings for a Workers Compensation Claim
There are a number of settings the Division of Workers Compensation uses in order to progress a case from beginning to end. The first type of setting is a voluntary settlement conference. This setting is used after a report of injury is received by the work comp division. The next setting used is a pre-hearing conference. This setting is used again to help move the process forward. It can be beneficial if the parties are ready to settle the workers comp case or if there are smaller issues that need to be resolved prior to the case moving forward. Another setting is a mediation. This setting is used to meet with an administrative law judge in order to present the case in a concise manner in order to get the Judges opinion on the conflict presented. Largely this is used when the two sides cannot agree on a workers compensation settlement or if there is a need for more medical treatment. This is a required setting if the parties want to progress the case to a hearing (trial). A hardship hearing is a setting used to get a ruling from the Judge as to the need for more medical treatment or to obtain payment of temporary total disability payments. The Judge will issue a partial award either granting these benefits or denying them. Lastly, if the parties cannot come to an agreement a hearing is held. This is what most people would recognize as a workmans compensation trial. However, no jury is used and the Administrative Law Judge is asked to issue a final workers compensation award either granting or denying compensation. If granting the compensation, then the final award details the amount to be paid.
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 any questions regarding the Missouri Workers Compensation Laws, 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 about Workers Comp laws.