Worker's Compensation Claims: What You Need to Know

Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969
Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
WORKER'S COMPENSATION
CLAIMS

You may be wondering when you should hire
a workers compensation lawyer. If there are
any complex issues in your case, the wisest
decision is to consult with a Workers'
Compensation attorney. For instance, if your
employer denies your claim or you do not
receive your benefits as you should, then an
attorney should get involved.

Nearly 80% of employees who are injured
at work do not appeal the denial of their
claim.

Consulting a workers' compensation
attorney provides you with the best chance
of receiving a fair settlement for your
injuries.

But, how long do you have to file your
claim?

REPORT YOUR INJURY WITHIN THE
TIME REQUIRED
1
One mistake you can make when it comes
to Worker's Comp claims is confusing the
need to report your injury with actually
filing a worker's comp claim.

If you fail to report your injury or delay in
reporting your injury, you may be
abandoning your claim.

Under Missouri workers compensation law,
you are required to report your on-the-job
injury within 30 days of its occurrence.

HOW TO PROVIDE NOTICE OF YOUR
INJURY
2
Your notice should be in writing and should
include the date, time and place of your
injury.

The notice typically needs to be delivered to
your supervisor or other appropriate officer of
your employer. Your notice should also
describe the nature and severity of the injury.
Keep in mind that failure to report your work-
related injury within that 30-day period could
result in losing your rights to workers'
compensation benefits.

YOU MUST TIMELY FILE YOUR WORKER'S
COMPENSATION CLAIM
3
Once again, reporting your injury to your
employer is not the same as filing a
workers' compensation claim.

Generally speaking, a workers' compensation
claim must be filed within 2 years of the date
of the injury. There are a few exceptions
where that deadline can be extended.
However, it is never wise to delay filing your
claim because you risk waiving your right to
benefits.

Regardless, if you were treated for a work-
related injury within the last three years
and you have not yet received a lump sum
settlement, then you should seek the advice
of a Missouri workers compensation lawyer
as soon as possible in order to protect your
rights.

WHAT IS THE PURPOSE OF FILING A
WORKERS' COMPENSATION CLAIM?
4
The purpose of a Workers’ Compensation
claim is to ensure that employees who
become injured on the job can be
reimbursed for those injuries, without
having to resort to the courts.

The way the system works, is that the injured
employee receives compensation for the
work-related injuries and agrees not to file a
legal action against the employer. The
employee is not required to prove negligence
or liability in order to be compensated for his
injuries; making it essentially a no-fault
system. But, what happens if you file a
lawsuit anyway?

WORKERS’ COMPENSATION IS THE
EXCLUSIVE REMEDY AVAILABLE
5
Before this system was put into place, an
employee’s only remedy was to file a
lawsuit, which required proof of damages.

Now, nearly all employees are automatically
entitled to workers’ compensation benefits.
Likewise, the employer is automatically
protected from lawsuits based on the
employee’s injury. Basically, Worker’s
Compensation benefits are meant to be a
substitute for filing a lawsuit against the
employer. In other words, if you accept
workers’ compensation benefits, you waive
your right to file a lawsuit.

CAN I SUE MY EMPLOYER ANYWAY?6
If you are not covered by workers'
compensation laws, meaning you are not
eligible for workers’ compensation benefits,
you can bring a civil claim against your
employer for your injuries.

Also, if the injuries you sustained at work
were the result of someone’s intentional
conduct, you may be able to bring an
action.

Depending on the circumstances of your
injury, you may also have claims against
someone other than your employer.

DECIDING WHETHER TO SETTLE YOUR
WORKERS' COMP CLAIM
7
In some cases, an employer will offer to
settle a workers' comp claim for an amount
that does not actually cover your lost wages
and your medical bills

If you are concerned that the settlement offer
your employer made is not sufficient, it is a
good idea to consult with an attorney. It is
not always good to simply allow the Workers'
Comp judge to determine whether the
settlement is fair because they typically
approve the agreement as long as it isn’t
unfair.

POTENTIAL THIRD-PARTY CLAIMS8
Despite the fact that Workers' Comp law prevents
an employee from filing a lawsuit against the
employer for work-related injuries, it does not
prevent legal claims against a third-party, when
that person's negligence contributed to the
employee's injuries.

For instance, if you are a delivery truck
driver and you are injured in an auto
accident caused by someone else, you may
be able to file a lawsuit against the at-fault
driver.

You can do this in addition to receiving your
Workers' Comp benefits. In these cases,
you should also seek the advice of an
attorney.

CONTACT US!

If you have questions regarding worker's
compensation, or any other personal injury
concerns in Arkansas or Missouri, please
contact the Cottrell Law Office for a
consultation, either online or by calling us
as (800) 364-8305

OR
Click to visit:
www.cottrelllawoffice.com
Call us
(For a Free Consultation)
800-364-8305
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Worker's Compensation Claims: What You Need to Know

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