After experiencing an injury on the job or contracting an occupational illness, you may be eligible to receive benefits from your employer's workers’ compensation insurance. This no-fault system aims to protect both employers and employees after work-related injuries and illnesses. If you want to file a claim, a workers’ comp attorney can help you navigate the process. In the meantime, here is more information about Missouri’s program so that you know what to expect along the way. 

Workers’ Compensation Basics

Who Is Entitled to Benefits?

Generally, companies that employ five or more individuals must carry workers’ compensation insurance; however, contractors in the construction industry must purchase coverage even if they only have one employee. This is because construction presents more hazards to employees, making them more likely to get injured. Also, Missouri does not distinguish between different kinds of employees, and you have a right to coverage whether you work full-time, part-time, seasonally, or temporarily. This means that as long as the company classifies you as an employee and not an independent contractor, their workers’ compensation insurance should provide coverage.

What Does It Cover?

Workers’ compensation insurance aims to protect employers from litigation when employees experience an injury or fall ill as a direct result of their job duties. As such, the payouts must be enough to deter claimants from taking legal action. In addition to covering all associated medical care, these policies include compensation for lost wages. However, this is generally limited to two-thirds of the claimant’s average weekly pay. Any permanent disabilities resulting from the incident warrant additional compensation. Death benefits and funeral expenses are also available to families who lose a loved one.

How Do You Start a Claim?

If you’re hurt on the job, call a workers’ comp attorney right away. A seasoned lawyer will help you commence the proceedings immediately by notifying your employer of the incident in writing. This establishes a record of communication that will help you prove the validity of the case if the initial claim is denied. Within five days of receiving this report, your employer must file a claim with their insurer. Your attorney will ensure they perform this step and help you navigate the rest of the proceedings so that you can secure compensation.

Most Common Workers’ Compensation Claims 

1. Overexertion

Overexertion is a leading cause of workplace injuries. When employers push employees too hard, accidents are more likely to happen. For example, you are more likely to strain your back, develop heatstroke, or become dehydrated when you are working without regular breaks. This is especially common in jobs that require considerable manual labor, as your body cannot recover from the stress. Overexertion can also contribute to occupational illnesses, such as carpal tunnel syndrome and other repetitive stress conditions.

2. Slips, Trips, & Falls

Falling down is another common reason for workers' compensation claims, as this accident can lead to significant injuries. For instance, you may slip on a wet floor or trip over unmarked hazards, causing you to lose your balance and break a bone. If you are a construction contractor, you may fall from ladders, scaffolding, or roofing as you work. Workers’ comp attorneys can attest that these injuries are painful and prevent you from working and performing your daily routine.

3. Contact With Equipment

The third leading cause of work-related injuries involves equipment that hurts an employee. While this is common in an industrial or manufacturing setting, many objects can strike, squeeze, pinch, compress, and crush people in their paths. To prevent equipment-related injuries, employers must maintain all machinery diligently, train their employees thoroughly, and provide adequate safety gear.

Claims Involving COVID-19

Is COVID-19 an Occupational Illness?

With the COVID-19 pandemic being widespread, many insurers do not consider it an occupational illness. Under Missouri workers’ compensation law, an occupational illness is one that you develop over the course of employment. On the other hand, an “ordinary disease” is one to which the public is exposed outside of work, and workers' compensation will not cover these illnesses. However, if you’re certain that you contracted the virus while working, a workers' comp attorney may be able to help you file a legitimate claim.

How Do You Recover Benefits for COVID-19?

If you want to collect workers’ compensation benefits for contracting COVID-19, you must prove that you were exposed at work. This is challenging to do because you must demonstrate that individuals at your workplace tested positive for the virus, as well as prove that you had a pattern of sheltering in place when you were not working. 

If you are a first responder, building your claim will be a bit easier. Missouri assumes that any first responder who contracts COVID-19 did so over the course of their employment, making them entitled to workers' compensation benefits. First responders include law enforcement personnel, EMTs, and firefighters. Regardless of whether you’re a first responder, a workers’ comp attorney can help you build the strongest claim possible.

If you’re recovering from a work-related injury or illness, contact Kirksey Law Firm LLC. Located in Bolivar, MO, and serving clients across all of southern Missouri, this practice will go up against even the largest corporations and insurers to help you receive the compensation you are entitled to. Founded in 2005, they boast an experienced team of five seasoned lawyers who have an impressive track record of winning claims on behalf of their valued clients. Visit them online for more information about their attorneys. Call (417) 326-4529 to schedule a consultation with a workers' comp attorney.