So, you’ve been injured on the job, or know someone who has been hurt? You probably have a lot of questions, wondering if you have any recourse and where to go for help. If you have been injured on the job in Kirkwood, finding a workers’ comp attorney is something to consider. But, for now, the following information will give you some necessary information to will give you an idea of what to expect.
What is Workers’ Compensation?
Often referred to as “workers’ comp,” workers’ compensation insurance is a program mandated by the state, which consists of payments made to an employee who becomes ill, injured, or disabled in connection with the workplace environment. Although there is a federal workers’ comp program for all federal employees, each state is responsible for their own workers’ compensation insurance program.
Be sure to check out Missouri’s official page, for information that is more accurate if you have suffered injuries on the job in Kirkwood. In many cases, an employee who is injured on the job will receive workers’ comp benefits, regardless of who was at fault. However, because this is a type of insurance that covers the cost of the injury, it often precludes an employee from bringing a lawsuit against the employer. If and when you are not getting anywhere with compensation, it would be a good idea to get an attorney who specializes in workers’ comp involved. Walton Telken Foster of Kirkwood has a team of skilled attorneys who can get you on track for what you are entitled to receive.
What Expenses Will Workers’ Comp Cover in Kirkwood, MO?
While workers’ comp payments are somewhat modest, they will often cover the following:
- Lost income
- Medical bills stemming from the injury
- Retraining costs
- Compensation for a permanent injury
- Benefits to a survivor of an employee killed in the workplace
The typical replacement for lost wages is a portion of the employee’s average wage. However, there is a maximum amount that payments will not go over. This money is not taxed. And, eligibility is fair as it begins quickly after just a few days of missed work due to the injury on the job.
To make sure you get what you deserve, consult with a workers’ compensation attorney. Walton Telken Foster of Kirkwood has an expert team, with years of experience and knowledge.
What Types of Injuries are Compensated through Workers’ Comp?
The types of injuries or illnesses that are typically covered under workers’ comp are those that are connected in some manner to an employee’s work duties or conditions. A few examples include:
- Developing lung cancer when working in a place with second-hand smoke
- Carpal tunnel from repetitive use of the wrist on the job, such as working on a computer
- A sprained or broken ankle after a fall on the job
But, how do you know if the illness or injury is work-related? First, you must be performing a work duty on behalf of your employer, either in the workplace or during the commute of a task. This could also include an injury that happens during an employer-sponsored event or party. For example, if you fall or are hit by something falling while setting up for the summer picnic, you could be covered under the workers’ comp policy.
You might even be covered for an injury that was brought on during some down time and playing around, or “horseplay,” or have been disregarding company policy on safety. Of course, your chances on this are more favorable if you were innocently wrapped up into it. The courts are on the fence with this at times. So, it’s not a given that it will be covered, but worth contacting an attorney specializing in workers’ compensation claims.
If the injury happens during a break, it may be considered a work-related injury, or may not. If it happens while you are in the company’s cafeteria, on the company grounds, lunch with a client, or running to get something for the employees or employer, it could be covered. But, if you punch out and are running personal errands, it will probably not be covered.
Are there Employees NOT Covered by Workers’ Comp in Kirkwood?
There are various forms of employment, such as direct employment and independent contractor. And, not every form of employment will be covered by workers’ compensation insurance, even if they are injured on site. Some forms of employment that are typically excluded include the following:
- Business owners
- Independent contractors
- Those employed in private homes
- Farmers and their employees
- Casual workers
Volunteer workers are also not covered, as they are not employees. And, even though maritime, postal, and railroad employees and other various federal employees are not covered by state workers’ comp, they do fall under federal coverage.
If you have doubts if you would be covered based on your type of employment, contact Walton Telken Foster, a team of workers’ comp attorneys in Kirkwood.
Can I be Fired for Considering or Filing for a Workers’ Comp Claim?
Absolutely not. The State of Missouri strictly bans by law any firing, or discrimination, of an employee for exercising their right to file a workers’ comp claim. If you have been fired, or are being intimidated by your employer to not file, contact a workers’ comp attorney right away.
If you have been injured on the job, or your employer is disputing your claim, call Walton Telken Foster in Kirkwood, a team of experienced worker’s comp attorneys who will work to make sure you get what you are rightfully due.
The information provided by Walton Telken Foster, LLC in this Blog is not intended to be legal advice, but merely provides general information related to common legal issues. This Blog, and the information contained within it, is Attorney Advertisement. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.