St. Louis Workers’ Compensation Lawyers

Ensuring You the Best Possible Outcome for Your Case

If you have been injured out of work or in the "course and scope" of your employment, you may qualify for worker's compensation benefits. The St. Louis workplace injury attorneys of the Kolker Law Offices have represented clients successfully obtaining these benefits for varying job-related accidents and injuries. This is a highly specialized area of injury-related law and it is important to ensure that your attorney has this specific experience.

If you have had a disabling on the job accident and need an attorney to help resolve your worker's compensation claim, contact us today.

Is My Work-Related Injury or Disease Covered by Workers' Compensation?

It is important to consult an experienced attorney about the facts of your condition. There are many general categories of employment injuries but the specific facts of your situation such as your prior state of health or medical condition may significantly affect the scope of benefits available to you.

Typical work-related conditions we have handled include:

1. Infectious diseases / COVID-19
2. Repetitive stress injury (carpal tunnel syndrome)
3. Pre-existing medical conditions made worse by conditions at work (asthma, etc.)
4. All types of physical injuries, such as a broken back or a permanently closed head injury, from accidents in a wide variety of settings
5. Traumatizing events and the resulting psychological injuries, including
   Post-traumatic Stress Disorder (PTSD)
6. Heart attacks or strokes that happen at work or because of work
7. Hearing loss and temporary or permanent deafness
8. Lung diseases, such as those caused by exposure to mold and asbestos
9. The loss of use of an organ, eyesight, hearing, or a finger

For more information, contact our firm to request a free initial consultation. We will review the available options for your work-related injury or disease and guide you on the appropriate course of action for your specific situation.

What Do Workers’ Compensation Benefits Cover?

If they are awarded, workers’ compensation benefits are designed to replace the income that a person has lost out on by not being able to work. While no amount of money can undo the harm caused by an accident or illness, these benefits can help pay for the injured person’s essential expenses.

In most cases, workers’ compensation also covers 100% of all current medical expenses as well as income for certain permanent customer workers which is a monetary payment for future loss of earning capacity.

What Do I Need to Prove to Get Workers’ Compensation?

Because workers’ compensation is a no-fault system, you will not need to prove that your accident was the fault of your employer. You also do not have the sue your employer in order to get these benefits. However, you do need to provide strong evidence that your injury, illness, or condition is work-related. If you cannot prove the last condition, then you will not be eligible to receive these benefits.

Essentially, you need to have evidence that shows the disability was connected to your work in some way. If your disability is work-related or caused by an accident, you'll be covered.

Common kinds of evidence include:

• Testimonies from you and your employer/fellow coworkers
• Surveillance video, affidavits, etc.
• Autopsy reports
• Medical analyses and opinions

In certain situations, you will almost certainly need an attorney. If your claim involves pre-existing conditions, exposure to substances at work, or injuries caused by toxic chemicals, you should definitely speak to our firm before you make your claim.

If you have been killed or diagnosed with a fatal condition because of your exposure while on the job, you will not be able to collect these benefits if you are no longer with us. Instead, a spouse, child, or other legal dependent will file a claim for death benefits. If your loved one has died from a work-related injury or illness, we can help your family pursue compensation for lost money and benefits as well as payments for loss of consortium (companionship) and funeral costs.

Raising a Claim for Personal Injuries Outside of Missouri and Illinois

If you are raising a claim for benefits outside of Illinois or Missouri call us for a free consultation.

Can I Be Fired for Filing for Workers' Compensation Benefits?

Legally, no, you cannot be fired for filing for workers' compensation benefits. It is illegal in all 50 states for an employer to retaliate against an employee for making a claim to cover their workplace injuries. If you were fired for legitimately filing for benefits, you can turn right back around and sue them again for making this illegal move. In addition to the award that you would just receive from your workers' compensation claim, you'll potentially receive even more money in a future settlement.

Common Reasons Workers' Compensation Claims Are Denied

In some situation, your workers' compensation claim may be denied. If this happens, do not panic. You have a couple of options in this situation, and all hope is not lost for you to receive your deserved benefits.

Some common reasons why a workers' compensation claim might be denied include:

• You failed to report the injury to your supervisor within the required amount of time
• Your injuries were not determined to be work-related
• Your attorney made a mistake with your paperwork
• There is some kind of discrepancy between the serious nature of your injuries and your working conditions

How To Appeal Your Missouri Workers' Comp Decision

Let our elite, top-rated workplace injuries lawyer guide you through the appeals process in Missouri.

1. Obtain the judgment and order of the Administrative Law Judge (ALJ), indicating you have lost and paying for all your rights, including future benefits. If any permanent disability is pay at present value.
2. File your notice of appeal with your case's location, either the Labor & Industrial Relations Board in Jefferson City, the OSH Commission in Jefferson City, or the normal, local court of appeals. Do so within 20 days of the judge's order.
3. Complete your Employee's Appeal Book (See Rule 84). Note - due to the complexity of the rules and need to convince the court that the ALJ was wrong use our website, which will make it much easier.
4. Paper Clip Your Agreed/Disagreed Allocations, Ensure Sufficient Employee Opening Brief to Address All Disputed Concepts
5. Bind, tips, legislative reference bureau, file to the court of appeals compliance.
6. Fax Electronic Copy of Your Compliance to Your Opponent and Send Any Supporting Briefs to Ensure Will-Aligned Stipulated Joint Record on Appeal
7. Request for Designation on the Record
8. Attempt to Settle Your Appeal. Visit with the opposing Party to settle or have discussions via additional appellate mediation
9. The parties will file an Applicant's True Case Summary, which should serve to focus the intention of the Court on the requirements of the case.
10. Once You Learn the Identity of the Ime Physician Interview Your Employee about That Physician, Obtain the Opinions of Your IME and the Treating Doctor to Evaluate and Discuss How These Opinions Compare to the Opinions of the Treating Doctor. Discuss Whether the Employee Can Return to Work With Any Physical Diagnoses/ Restrictions. Discuss and Plan to Settle the Case in Part or in Full Based on These and Other Factors.
11. (See Rule 93)

    Contact Our Missouri Workplace Injuries Attorney Today

    Dealing with a workplace injury can be difficult. Let our experienced workers' compensation cages trusted guide you in this time. We have represented nurses, emergency medical technicians (EMTs), police officers, construction workers, slip and fall injury victims, and much more.

    Contact us to find out if you could qualify for benefits from your company and employer in a free consultation. Call (314) 684-8285.

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    Our actions have resulted in millions of dollars in benefits and claims for our clients. If you have suffered a workplace injury and were denied worker's compensation, we may be able to help.

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