Missouri Workers Compensation Laws
Missouri Workers Compensation Lawyer
Roskin & Hoffmann, LLC
Familiarize yourself with the Workers Compensation Statute if you plan to file a claim for your workplace injury.
The Missouri Workers Compensation Law is found in Chapter 287 of the Revised Statutes of Missouri. The workers comp statute spells out the rights and obligations of employers and employees when a workplace injury occurs. If you are injured at work you may be entitled to medical treatments, lost time benefits, and permanent disability payments.
What does the Workers Compensation Law Cover?
The Workers Compensation Law covers accidents if they “arise out of and are in the course of employment”. The employee must show that the work activity that gave rise to the accident was the “prevailing factor” in bringing about the current injuries as opposed to an underlying degenerative condition. Workplace accidents or injuries may include injuries from slipping, falling or injuries from repetitive use of a body part to name a few. Workers Compensation benefits are still allowed if the accident aggravates a pre-existing condition such as degenerative arthritis in a body part so long as the work activity was the “prevailing factor” in bringing about the injury.
The Workers Compensation Law also covers occupational diseases so long as the disease was either caused or aggravated from workplace exposure while in the course of employment. Much like accidents, occupational diseases must “arise out of” and be in the “course of employment”. Complex legal issues often arise in work comp cases involving occupational diseases and there are often times different notice requirements and statute of limitations for such workers compensation cases. Therefore, it is recommended you consult an attorney, especially if faced with bringing a workers comp claim for an occupational disease.
Workers Compensation: What is meant by “Course of Employment”?
Employees must show the workplace accident occurred while at work where he or she would normally be performing his/her customary job duties. Usually, it is not difficult to meet this requirement so long as you can establish the employee was on the employer’s premises while performing her job duties. On the other hand, issues arise when the accident occurs off of the employer’s premises. If your accident occurs while off of the employer’s premises it is especially important to contact an attorney to determine if you have a compensable workers compensation claim.
Workers Compensation: What is meant by “Arising out of”?
The Workers Compensation Law requires the employee to show that the workplace accident occurred as a result of the activities performed at work. Normally, this is not difficult to show. For example, if an employee slipped while at work, this would be considered “arising out of”. Problems tend to surface in the cases involving repetitive motion injuries. For these cases, the “arising out of” element is more difficult to prove and often times a medical expert is used to help satisfy such element.
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 or have questions regarding the Missouri Workers Compensation Law, 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 Missouri Workers Comp statutes.