St. Louis Workers’ Compensation Attorney

Our St. Louis workers’ compensation attorneys handle all maters related to claims for workers’ compensation benefits, preparing and filing all documentation throughout the claim process, and advocating on your behalf in all hearing or proceedings.

Some of the claims our firm can handle include, but are not limited to:

Shoulder injuries, such as rotator cuff problems or bursitis
Neck injuries, such as sprains, strains and fractures
Knee injuries, including sprains, strains and torn ligaments or tendons
Back injuries, from muscle pulls to pinched nerves to disc problems

What is Workers’ Compensation?

Workers’ compensation is a state-run insurance program that pays benefits to workers who suffer work-related injuries and illnesses. The Missouri workers’ compensation program guarantees four main benefits to eligible workers:

Paid medical care to treat your work-related injury or illness
Temporary Total Disability Benefits (TTD) which amount to two-thirds of your average weekly wages while you are off work
Temporary Partial Disability Benefits (TPD) which amount to two-thirds of the difference between your wages prior to the injury and your wages while on light duty
Permanent Disability Benefits, a lump sum settlement for any permanent disability that arises from your injury

Eligibility for Workers’ Compensation in Missouri

Workers’ compensation is a no-fault system, meaning that you are covered for any injury or illness you sustain on the job, whether you, your employer, or a coworker are to blame––as long as you suffered an injury or illness as a result of your employment. In other words, you are eligible to receive workers’ compensation benefits regardless of fault.

However, to qualify for workers’ compensation benefits in Missouri, you must meet the following requirements:

You must be an employee of an employer that carries workers’ compensation insurance, or is self-insured
Your injury or illness must be work-related
You must meet the state’s deadlines for reporting your work-related injury or illness and filing a workers’ compensation claim

The Statute of Limitations For Workers’ Compensation Claims in Missouri

There are a few timelines that injured workers need to be aware of when they are seeking workers’ compensation benefits in Missouri. First, injured workers have a duty to notify the employer that they have sustained an injury on the job. The employer must be notified in writing within 30 days of the date of the injury, or 30 days from the date the employee knows they have been injured or become ill. If an employer is not notified within this 30-day time frame, the claimant may be barred from recovering any workers’ compensation benefits.

Additionally, there is an overall statute of limitations involved with workers’ compensation claims in Missouri. After an employer is notified, the injured worker still needs to ensure that their worker’s compensation claim is filed within two years from the date the injury occurred. Failing to file a workers’ compensation claim within this two-year timeframe will result in the injured worker being unable to recover any workers’ compensation benefits at all.

How Much Does it Cost to Hire a St. Louis Workers’ Compensation Attorney?

At Miller & Hine, we provide a free consultation where we can discuss the circumstances involved in your workers’ compensation case. If we agree to handle your case, we will charge you no upfront fee. We handle workers’ compensation claims on a contingency fee basis, meaning that you pay us no attorney fees unless we obtain compensation on your behalf.

In Missouri, there is a limit on the fee a workers’ compensation attorney can charge a client. This limit is 25% of the compensation we secure for you. This fee is only based on additional benefits that we secure on your behalf, it does not pertain to any workers’ compensation benefits you are already receiving.

Note, however, that you may be responsible for paying certain costs incurred while pursuing your worker’s compensation case, whether we obtain compensation for you or not. These costs will be made clear to you by your attorney, and may include expenses incurred for copies, expert witnesses, court reporters, etc.

What is Covered Under Workers’ Compensation in Missouri?

Missouri workers’ compensation covers injuries and illnesses that arise out of your employment or develop over the course of your employment, such as:

Injuries that are the result of workplace accident
Injuries and health conditions that develop over time, such as carpal tunnel syndrome
Illnesses, such as cancer, caused by exposure to harmful chemicals and substances

Injuries and illnesses that are typically not covered by workers’ compensation in Missouri include injuries sustained while:

Commuting to and from work
Intoxicated and on the job
During a break
When the worker was away from the job site
While partaking in an off-site work event
During fighting or engaging in horseplay at work

Minor and unreported injuries, self-inflicted injuries, and injuries sustained by self-employed persons and independent contractors are also ineligible for workers’ compensation benefits in Missouri.

Moreover, workers’ compensation in Missouri does not provide any compensation for intangible losses. In other words, it does not compensate you for losses that do not show up on a balance sheet, such as pain and suffering, inconvenience, or loss of enjoyment of life.

Missouri Workers’ Compensation Laws

It’s a sad reality that some employers knowingly or unknowingly subject their employees to unsafe working conditions. Unfortunately, when this happens, workers can suffer in more ways than one. From life-altering injuries that demand ongoing medical treatment to lost wages, workplace injuries can hurt employees physically, financially, and emotionally.

If you or a loved one suffered a workplace injury, you may be entitled to compensation beyond what your employer provides. At Miller & Hine, our workplace compensation lawyers in St. Louis can help you obtain the settlement or benefits you deserve.

Avoiding Repetitive Motion Injuries

According to the U.S. Department of Labor, repetitive motion in the workplace can leave employees with chronic, life-altering medical conditions. Repetitive motion injuries—also called repetitive stress injuries, or repetitive strains—are among the most common causes of workplace injury cases and workers’ compensation claims. The Occupational Safety and Health Administration (OSHA) warns:

“Employers who implement required workplace safety measures, track injuries and identify needed improvements can protect workers from suffering painful, debilitating injuries.”

Workers have a right to protection from workplace injuries, including painful, life-long musculoskeletal disorders caused by repetitive motion injuries.

Examples of Repetitive Motion Injuries In the Workplace

Many industries require employees to exert physical force to accomplish daily tasks. When a job position requires the continuous motion of a specific muscle group—particularly in awkward positions, with incorrect posture, or by using equipment that is not ergonomically designed—the result is continuous strain and overexertion in the muscles, joints, and bones used in the particular motion or activity. Unrelieved overexertion causes microscopic tears to develop in muscle tissue. The damage cannot heal because the employee’s job requires continued use, resulting in inflammation and permanent injury.

Common Repetitive Motion Injuries

While some industries result in greater numbers of repetitive motion injuries, such as the construction and agriculture industries, this type of injury can occur in nearly any occupation. For instance, factory work, stitching, or even typing and using a mouse can result in repetitive motion injuries. Common repetitive motion injuries include the following:

Carpal tunnel syndrome: compression of the median nerve in the wrist
Tendonitis: inflammation in the tendons
Bursitis: the swelling of the cushions (bursa) between joints
Trigger-finger syndrome: the tendon that controls a finger can no longer glide smoothly through the tendon sheath due to inflammation
Cervical radiculopathy: strain or compression of discs in the neck
Rotator-cuff tear: the tendons connecting muscle to bone in the shoulder joint tear, often after weakening from repetitive motion

Repetitive motion injuries are one of the most common causes of missed time from work and lost productivity, accounting for a third of all absences from illness or injury. Imposing time limits on repetitive tasks, implementing more ergonomic tools, and other preventative strategies can reduce the risk of repetitive motion injuries.

Compensation for Repetitive Motion Work Injuries

Repetitive motion injuries can be serious, requiring medical procedures, time away from work, and sometimes surgery. Some injuries may make a return to work in the previous capacity impossible. If the injury occurred at work, injury victims have the right to compensation through a Missouri workers’ compensation claim. Injured employees are entitled to benefits for injuries that occur on the job, even if they happen over time and not instantly in an accident. A successful workers’ compensation claim in Missouri pays for medical expenses through an approved provider and compensation for lost wages at just under 67% of the worker’s standard income. It may also require an employer to offer you a light-duty position once you are able to return.

How Can a Workplace Injury Attorney Help?

Employers use insurance companies to provide policies protecting them from lawsuits. Missouri requires all employers with five or more employees to carry workers’ compensation insurance. Unfortunately, these are private companies that exist to make profits. Sometimes, workers’ compensation denies claims for repetitive motion injuries unless the injury victim has significant evidence to make a compelling case. Call (314) 413-2053, the workplace injury lawyers at Miller & Hine today so we can help you recover the largest settlement for your repetitive injury claim.

Third-Party Liability Claims

Workers’ compensation is an exclusive remedy for work-related injuries and illnesses in Missouri. This means that if you are covered by workers’ compensation, you cannot bring a civil claim against your employer for a work-related injury, except in very limited circumstances. So, if you are hurt on the job, and it is the fault of your employer or a coworker, you can only seek compensation under the state’s workers’ compensation system.

However, not everyone hurt on the job is hurt by their employer’s or coworker’s negligence. In many cases, someone other than your employer or a coworker, a third party, is at fault for a workplace injury. In this case you cannot sue your employer, however, you can pursue a civil claim against the third party even if you are receiving workers’ compensation benefits.

For instance, if you are a delivery driver who was injured when your vehicle was rear-ended by another motorist, you can get workers’ compensation through your employer, and you can also file an injury claim against the motorist who rear-ended you. A third-party liability claim will allow you to recover compensation above and beyond that which is available to you under workers’ compensation.

Similarly, let’s say you made it to your destination safely, but on the way up the stairs, a riser broke causing you to slip and fall down the stairs and break your ankle. Here again, you can get workers’ compensation from your employer, and you may also have a third-party premises liability claim against the property owner or manager for not keeping their stairs in a safe condition.

Contact Our Workers Compensation Lawyers in St. Louis Today

After a workplace injury, you may feel as if you’re alone and without options. Don’t let these negative feelings consume you. We realize the challenges a workplace injury may place on you and your family, so we strive to remove that burden from your shoulders.

Our St. Louis workers compensation attorneys understand the laws and regulations governing workers’ compensation in Missouri. We are devoted to protecting the rights of people who have been injured at work and helping them collect the compensation they deserve.

There are no out-of-pocket costs for us to evaluate your case. We work on a contingency fee basis, meaning you don’t pay anything unless we recover money for you.

Contact the workers compensation lawyers in St. Louis at Miller & Hine today for a free consultation.