FREQUENTLY ASKED QUESTIONS FOR THE WORKER’S COMPENSATION LAWYER
In taking on a wide variety of Worker’s Compensation cases, we’ve heard some common questions come. Here are some of those questions to help guide you.
Do you need a lawyer on your worker’s compensation claim?
Yes, you need a lawyer because your employer has one. You wouldn’t gamble at cards without knowing the rules. Don’t gamble with your claim. Hire an experienced Worker’s Compensation lawyer who knows the rules.
You might receive an offer to settle your claim without hiring a lawyer, but how do you know if the money is fair? The insurance company’s goal is to pay you as little as possible, and one way to insure that is to steer you away from hiring your own lawyer.
Your employer could be refusing to provide medical treatment. See my blog.
How can I afford to pay a lawyer?
At Liberman Law Firm, you will never pay me out of your pocket. I pay all expenses to prepare your claim, such as for your medical records. At the end of your claim, you will receive a one time payment for your “permanent partial disabiltiy”. Lawyers call that “PPD”. What that means is, you get paid when the doctor says you aren’t going to get any better, and you are not 100% like you were before your injury. So, you are permanently, partially disabled. You pay me 25% of that PPD amount, and pay me back out of your portion. If I don’t get you anything, you don’t owe me anything.
Will I be fired for making a Worker’s Compensation claim?
An employer may fire a worker for many legitimate 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 bottom line is no, you cannot be lawfully fired for filing a Worker’s Compensation claim.
But the accident at work was my fault, how can I make a work comp claim?
You slipped on some oil on the loading dock and got hurt. You are covered. In worker’s compensation, if you are injured accidentally, you don’t have to prove whose fault it was that you were injured. This is different than slipping on oil when you are out shopping for yourself. On your own time, you have to prove that the store owner knew the oil was there and should have cleaned it up. Not at work.
So that is good news, but why would Missouri employers agree to that? The trade-off is that the employee cannot get extra money for “pain and suffering” in worker’s compensation, like you can in the shopping example.
Where does Liberman Law Firm take cases?
I handle worker’s compensation all over Missouri, from St. Joseph to Joplin. From Cape Girardeau to Hannibal to Kirksville. From Ironton to Rolla to Springfield. And of course, St. Louis and Kansas City. My office is in St. Louis, but you do not have to come by, unless you are in the neighborhood. I travel to all work comp dockets wherever they are located in this State. I will meet you there early so we can prepare together.