Smuda & Ramirez, P.C. handles worker's compensation cases in the state of Missouri only. We work diligently to ensure our clients receive the treatment they need and fair compensation for their injuries or illness.
Every workers' compensation case is different. How it is handled will depend greatly on the facts, the nature of the injury, and the needs and desires of the client.
The following is an overview of workers' compensation law in the state of Missouri. It does not include a complete discussion of the law. This information applies only to Missouri.
BRIEF OVERVIEW OF A WORKERS COMPENSATION CASE:
In Missouri, an employer must carry insurance if it employs at least five persons. This insurance covers medical treatment and lost time wages for injured workers. Workers' compensation laws apply to small injuries, serious injuries, and death.
If an injury occurs on the job or illness results from employment, a worker may be entitled to file a workers' compensation claim. Filing a workers' compensation claim can help the worker obtain necessary medical treatment and alleviate some of the financial worries that result from the injury or illness.
If a worker is injured, he or she must report the injury to the employer or supervisor immediately. Prompt reporting is key. The worker must provide the employer with the facts of the injury, including where it occurred, when it occurred, and how the accident and injury or illness happened. After reporting, the employer will arrange for necessary medical treatment. The employer also files a Report of Injury with the Division of Workers' Compensation.
Benefits provided under Missouri Workers' Compensation law include:
1. Medical care and treatment for the work injury or illness.
2. Payment for lost wages until the worker returns to full duty status.
3. Compensation for permanent disability.
Depending on the injury or illness, a finding of permanent partial disability or permanent total disability may be determined. Where there is permanent partial disability, the worker receives a lump sum settlement based on the extent of disability. Where there is permanent total disability, a worker may receive payments for life or a lump sum settlement. The amount received is based on the workers' income at the time of the injury or illness.
Missouri has set statutory time limitations that require a claim to be filed with the Division of Workers' Compensation within two or three years, depending on the circumstances of the injury or illness. If the worker does not file a claim within the relevant time period, he or she may be barred from collecting any benefits for the injury or illness.
NOTICE: This website is for informational purposes only. None of the information contained in the Smuda & Ramirez, P.C. website should be construed as legal advice. Further, it does not create an attorney-client relationship between the viewer and Smuda & Ramirez, P.C., absent an express agreement between the firm and the viewer. Every legal matter is different and the information in these pages may not be applicable to any one specific case. The viewer should neither take, nor refrain from taking, any action on the basis of any information on this website without first seeking appropriate legal or other professional advice. The receipt of an e-mail from our law firm, even in response to a specific question, does not create an attorney-client relationship and no e-mail exchange should be considered confidential. All attorneys at Smuda & Ramirez, P.C. are licensed in the state of Missouri. None of the information in this website pertains to any states other than Missouri and should not be construed as solicitation of business in those or any other states. Smuda & Ramirez, P.C. specifically disclaims any warranties of services this website may seem to offer.