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Some Information About Workers’ Comp Claims

Friday, Jul. 17th 2015

Should you have a lawyer on your worker’s compensation claim?

Yes, you should have a lawyer.

The Missouri Workers Compensation process has grown increasingly complex throughout the years and the Work Comp laws, which were revised in 2005, only make it more difficult for the injured worker to recover the compensation they deserve. While Worker’s Compensation laws can be complicated and constantly evolving, an experienced Work Comp attorney can advise you of your rights and how to get the compensation you deserve.

Your employer has a lawyer. You wouldn’t gamble at cards without knowing the rules. You need to have a lawyer that knows the rules.

You might receive an offer to settle your claim, but how do you know what your claim is worth? The insurance company’s goal is to pay you as little as possible. That’s the bottom line. You will very likely get more money to put in your pocket after payment of attorney fees.

Can you be fired for filing a Worker’s Compensation claim?

An employer may fire a worker for many reasons. However, Missouri Law states:

“No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his employer.” Revised Statutes of Missouri, Chapter 287.780.

So the answer is no, you can’t legally be fired filing a Worker’s Compensation claim.

What if the accident at work was your fault?

An injury at work is strikingly different from a car accident. In a car accident, the injured party has to prove that the defendant caused the injuries. In workers’ compensation, if you are injured accidentally, you don’t have to prove whose fault it was that you were injured.

The trade-off is that you cannot be awarded additional money for “pain and suffering” in worker’s compensation, like you can in a car accident.

If you have been injured at work, please call Northland Injury Law at 816-400-4878 for a free consultation. An experienced workers’ compensation attorney will be happy to advise you of your rights.


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