Workers’ Compensation Lawyer in St. Louis

Fighting to Get Injured Employees the Workers’ Compensation Benefits They Deserve

Missouri law dictates that employers have 5 or more employees. However, companies that operate in the construction industry must carry worker’s comp insurance if they have at least one employee. Workers comp insurance is designed to help injured employees receive benefits that cover lost income and pay for work-related injuries or illnesses.

However, in some instances, an individual may have been injured on the job, but the insurance company that provides the workers’ comp benefits denies the claim.

In cases where an injured worker has been denied benefits, they must hire an experienced workers’ comp lawyer to protect their legal rights.

If you have been injured on the job and have been denied benefits, contact the Labovitz Law Firm, and ask to schedule a free consultation so that we may discuss your case and determine what legal options may be available.

How Does Workers Compensation Protect Injured Workers?

Missouri workers’ compensation provides money for lost wages and medical coverage for employees injured or developed an occupational disease from exposure in the workplace. In many instances, the employee may be injured to the point where they require extensive medical treatment and a lengthy recovery period, leaving them unable to work. However, workers’ compensation will pay for the accident victim’s medical bills and other expenses, such as reimbursement for travel to and from appointments.

The most significant benefit for employers is that it prevents injured workers from filing civil lawsuits against them.

Some of the benefits that Missouri Workers’ Compensation provides to employees include:

• Wage replacement benefits
• Medical benefits
• Permanent disability benefits

If a loved one died as a result of a work-related accident, workers’ comp may pay survivor benefits to the spouse and their dependents.

Workers’ comp may pay weekly death benefits at 66 2/3% of the deceased employee’s average weekly wage for one year. The employer’s insurance may also pay $5,000 toward funeral and burial expenses.

Why Would a Workers’ Comp Claim Be Denied?

Even though most workers’ comp cases are approved, a large portion are still initially denied. A workers’ comp claim may be denied for several reasons, including:

• Missed deadlines: One of the most common reasons a claim is denied is the injured worker waits too long to report the injury or file their claim. An employee should always report their injury and file a claim immediately.
• Non-work-related injuries: The employer’s insurance provider may believe that the employee was not injured on the job, the injury resulted from horseplay, or they intentionally injured themselves to collect benefits.
• Pre-existing condition: The workers’ comp insurer believes that the injury is related to a pre-existing condition and, therefore, the claimant is not eligible for benefits.
• Failed to seek medical care from an authorized medical provider: If an injured employee fails to be treated by the employer’s authorized physician, workers’ comp will deny the claim.

The workers’ comp claims process can be overly complex and challenging to understand without the help of a knowledgeable attorney. For this reason, your claim has been denied; contact the Labovitz Law Firm in St. Louis, who will review your claim and determine what legal strategies may work in your favor.

What Can I Do if I Have Been Denied Workers’ Comp Benefits?

If your claim has been denied, there are specific steps you can take to try to dispute the decision. The steps in the appeals process include:

• File a written application within 20 days of being denied with the Missouri Labor and Industrial Relations Commission (LIRC) requesting a review of the claim.
• If the LIRC denies the application to have the claim reviewed, the injured employee may appeal to the Missouri Court of Appeals. However, this appeal must be sent within 30 days of the LIRC denying the application for review.
• During this stage of the appeal, the injured employee must present evidence that disproves the stated reason as to why the claim was initially denied.

One of the most important actions an injured worker should take after having their claim denied is hiring an experienced workers’ comp attorney. Due to the complexity of the claims process, you must have an attorney who can assist with ensuring all legal deadlines are met. Please meet deadlines to avoid your claim being thrown out.

Finally, a well-trained workers comp lawyer can act as your legal advocate and help you gather information to build and strengthen your case.

The Labovitz Law Firm can provide you with the legal representation you need to obtain successful results and give you the peace of mind you deserve.

What Makes Your Workers’ Comp Attorney the Best Choice to Help Me With My Workers’ Comp Issues?

The Labovitz Law Firm recognizes that being injured on the job can be a life-changing event, depending on the circumstances of the accident. Even if you are a part-time worker, you may still be entitled to some form of workers’ compensation benefits. In addition, contrary to popular belief, a worker’s immigration status cannot be used against them to deny benefits even if they misrepresent their ability to work in the country.

For these reasons, our law firm is dedicated to helping injured workers receive a settlement that adequately meets their needs. For families who have lost a loved one due to a work-related accident and had their claim denied, we will fight to help them receive the death benefits they rightfully deserve.

Our legal team recognizes this is most likely one of the most challenging situations you and your family members may ever face. However, our workers’ comp lawyer will work diligently to help you obtain the benefits you need to resume your lives.

Contact the Labovitz Law Firm of St. Louis, MO, at 314-668-2268 and ask to schedule a free case evaluation.