Avoid These 5 Mistakes When Seeking Workers’ Comp

After a workplace injury, Missouri law allows you to file a workers’ compensation claim to receive medical care and wage replacement benefits. While this system is designed to be helpful, the claims process can be complex and riddled with unexpected challenges.  This can add more stress to an already difficult situation.

The Missouri workers’ compensation lawyers at Cofman Townsley understand the physical and emotional toll a workplace injury can take, and we can help you navigate the claims process effectively. Here are five common mistakes to avoid to maximize your chances of a successful workers’ compensation claim in Missouri.

1. Not Reporting Your Injury Promptly

Missouri law requires you to report your work injury to your employer within 30 days of the accident. Even if your injury seems minor initially, report it immediately in writing and include your name, the date, the time, the place, and the nature of the injury.

This creates a record of the incident and establishes a clear connection between your injury and your job. Delaying this notification can raise doubts about the legitimacy of your claim and jeopardize your benefits.

2. Not Getting Medical Treatment

Seeking medical attention promptly after a workplace injury is central to your claim. It ensures you receive proper care to promote healing and minimize complications. Medical care also provides you with a doctor’s diagnosis and treatment records, which you will use to support your workers’ compensation claim.

Your employer should direct you to a healthcare provider within their workers’ compensation network. You have the right to choose a physician if you have concerns about the network provider’s impartiality. However, workers’ compensation benefits may not cover these services unless you get prior approval from your employer.

3. Not Documenting Your Injury

Failing to document your injury can affect your workers’ compensation claim payout. You may have trouble proving your case to the insurance company if you don’t record details about how and when the injury occurred.

Take immediate, thorough notes about the incident to support your case, including:

• The date, time, and location of the accident
• A description of how the accident happened
• Details of your injury, including any pain or limitations you experience
• Names and contact information of any witnesses
• Photos of the accident scene and your injury (if possible)

You should also document your progress and readiness to return to work. This can include maintaining a log of doctor visits, medications prescribed, and restrictions on your daily activities due to your injury.

4. Not Submitting Paperwork Properly

The Missouri Division of Workers’ Compensation requires specific forms to be filed to initiate your claim. These forms typically include a Report of Injury (WC-280-AI) and subsequent documents provided by your employer.

Incomplete or inaccurate information on these forms can delay processing or even lead to denial of your claim. Consult an attorney to ensure all paperwork is completed correctly and submitted within the designated timeframe. The deadline to file a claim in Missouri is generally two years from the date of the injury or the last payment related to the injury.

5. Not Returning to Work or Returning Too Soon

While following your doctor’s orders for rest and recovery is essential, returning to work when medically cleared shows your commitment to resuming full productivity. However, you shouldn’t return until you’ve reached Maximum Medical Improvement (MMI) and your doctor has confirmed you’re ready, with necessary modifications like adjusted duties or ergonomic adjustments.

Rushing back to work while still in pain can worsen your condition and might jeopardize your eligibility for future benefits. Maintain open communication with your employer and doctor about your recovery progress to ensure a safe and appropriate return to work.

What to Do if Your Workers’ Comp Claim Is Denied

Your claim might still be denied even if you avoid these common mistakes. In Missouri, you have the right to appeal a denied claim. The process involves:

• Filing an Application for Review: Submit this application to the Labor and Industrial Relations Commission within 20 days of receiving the denial. The Commission will review your case and issue a decision.

• Appealing to the Missouri Court of Appeals: If the Commission’s decision is not in your favor, you can appeal to the Missouri Court of Appeals within 30 days. This appeal is a review of the Commission’s decision, not a new trial.

• Final Appeal to the Missouri Supreme Court: In rare instances, if you are still dissatisfied with the outcome, you can file a final appeal to the Missouri Supreme Court. However, these cases are infrequent and typically only accepted if they involve major legal issues.

Consult a workers’ compensation attorney for help anytime throughout the process. Our experienced lawyers at Cofman Townsley can assist you with the complex appeals process. We can help gather the necessary evidence and build a solid case to secure your benefits.

Protect Your Rights After a Workplace Injury

Don’t let common mistakes jeopardize your workers’ compensation claim. At Cofman Townsley, our experienced Missouri workers’ compensation lawyers can guide you through every step of the process. We understand the complexities of Missouri labor laws and will fight tirelessly for your rights.

Facing this challenging time alone can be overwhelming. Contact Cofman Townsley today for a free case review, and let us handle the legal matters while you focus on your recovery.