3901 S. Providence Rd.
Suite D
Columbia, MO 65203
573-777-4488
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Workers’ Compensation


In the area of Workers’ Compensation, our primary focus is representing employers, insurers, and third party administrators in workers’ compensation cases statewide. Upon receiving a new file we will immediately provide you a cost evaluation of the case as well as an estimate on the amount of potential exposure and appropriate settlement options.

Our attorneys have extensive experience in all of the steps involved in the proper handling of a workers’ compensation case, including an assessment of the compensable value of an injury, the individual traits of each administrative law judge statewide, as well as a familiarity with many physicians and experts nationwide that can be called upon for assistance with complex issues.

Our paramount priorities are keeping costs low for our clients and remaining available at all times. All of our clients have access to our cell phone numbers and we do return phone calls within twenty-four hours. Missouri Workers’ Compensation law is our main focus; we know the system, we know the judges, we know the law. We know Workers’ Compensation.


MISSOURI PROCEDURAL FLOWCHART FOR WORKERS’ COMPENSATION INJURIES

 

After filing a first report of injury…

  • If benefits are paid to the employee after the 3 day waiting period, the Notice of Commencement/Termination of Compensation form (Form 2) should be filed with DWC:
    • Within 30 days of the date of filing the first report of injury
    • Each time compensation is stopped or re-started
    • Within 10 days after the termination of compensation.
  • Form can be found online at http://www.labor.mo.gov/DWC/Employers/report_respon#rr

 

For most cases…

  • Based on the information received on the first report of injury, the Division will produce an Information Request letter that is sent to the insurer 60 to 90 days after the report of injury requesting things such as
    • Total cost of medical
    • Was there surgery involved?
    • Was there lost time and if so, did you file a Form 2?
    • (In the event of a death) Were burial costs paid?
  • Any requested information should be returned to DWC within 10 days of receipt of the request.
  • Future Information Request letters may be sent by DWC based on the information received from the first request.

 

For cases involving medical…

  • The Medical Treatment form should be completed by the treating physician at the commencement and termination of any medical treatment.
  • This form can be found online at http://www.labor.mo.gov/DWC/Forms/WC-9-ai.pdf
  • DWC may request additional forms if necessary (surgeries, ongoing rehab, etc).
  • This specific form does not necessarily have to be used and a simple medical report from the treating physician with the same basic information on the form will suffice.

 

If the employee files a Claim for Compensation…

  • The attorney for the employer/insurer has 30 days to file an Answer to the original claim and any amended claim.


Under the laws of the State of Missouri most employers who have five or more employees are required to carry workers’ compensation insurance.

There are some exceptions to this rule, such as employers in the construction industry who are required to carry workers’ compensation insurance if the employer has one or more employees. Nonetheless, employers who are required to carry workers’ compensation insurance have two options when choosing insurance.

An employer can either go through an insurance carrier or it may seek approval from the Missouri Division of Workers’ Compensation to be self-insured. An employer may be self-insured individually or through a group trust. A self-insurance group trust is often popular with small to medium sized employers. In order to be approved for self-insurance, an employer must show it has the financial ability to self-insure.

Nonetheless, there are advantages and disadvantages to both insurance through a carrier, as well as either method of self-insurance. If you are considering making a switch in your current insurance arrangement we can help. For more information regarding the different methods of obtaining workers’ compensation insurance to include a list of the advantages and disadvantages please click on the links below or contact our office.

The State of Missouri has created a complex process for determining how an injured employee should be compensated for a work related injury.

Essentially, the State has assessed values to particular body parts. If it is determined that a particular body part is still intact and functional, then a percentage of disability may be assessed. These values are assessed by a number of “weeks” of compensation, which are determined using a proportionate share of the employee’s average weekly wage prior to the accident.

There are several different venue locations and administrative law judges who may oversee a Missouri Workers’ Compensation case. The administrative law judges are based out of a local office in different areas of the state. Those judges may travel to a number of smaller towns or cities for docket settings.

To explore the Missouri statutes, rules and regulations concerning Missouri Workers’ Compensation, click on the links below.

TEST 1

1. Is the settlement over $25,000.00?

  • If the answer is yes, then go on to question 2.
  • If the answer is no, then a Medicare proposal is not necessary.

2. Is the claimant eligible for Medicare?

  • Generally a claimant is eligible for Medicare if:
    • The claimant is 65 years of age or older or
    • The claimant has been on social security disability for 24 months following the effective date of disability (date of disability is determined by the social security office) or
    • The claimant is experiencing the end stages of renal failure.
  • If the answer is yes, then a Medicare proposal is necessary.
  • If the answer is no, then a Medicare proposal is not necessary.

 

TEST 2

1. Is the settlement over $250,000.00?

  • If the answer is yes, then go to question 2.
  • If the answer is no, then a Medicare proposal is not necessary.

2. Is there a reasonable expectation of the claimant being eligible for Medicare within 30 months after the date of the settlement?

  • Examples of reasonable expectation of Medicare eligibility within 30 months:
    • The claimant is 62 ½ years old;
    • The claimant is permanently and totally disabled; or
    • The claimant has applied for but has not been approved for SSDI.
  • If the answer is yes, then a Medicare proposal is necessary.
  • If the answer is no, then a Medicare proposal is not necessary.