Workplace injuries can happen in any job, from construction sites and warehouses to office buildings and restaurants. If you've been injured on the job, you may be facing extensive medical bills, lost earnings, and even vocational rehabilitation to learn new job skills.
Workers' compensation is a no-fault insurance program that entitles you to certain benefits regardless of whether you or your employer caused the accident that resulted in your injuries. Navigating this program can be complex, especially when you're also focused on your recovery.
If you have been injured on the job, the experienced attorneys at Brown & Brown, LLP at 314-333-3333 or 573-333-3333 in Missouri or 618-888-8888 in Illinois are available to discuss your case for free. With two offices, we provide a range of legal services to clients in the St. Louis area, spanning both Missouri and Illinois. If you can't come to us, we'll happily come to you.
What Is Workers' Compensation?
Workers' compensation is a set of laws designed to ensure you are compensated if you are injured on the job. Fault is not considered in workers' comp cases; if you were hurt while on the job premises, then you can receive compensation even if the injury was your fault.
While workers' compensation laws are meant to help you recover a portion of your losses, they do not necessarily aim to make you completely whole. Brown & Brown is committed to ensuring you get the compensation you need to recover fully. Sometimes that means pursuing damages from third parties that may have contributed to your injury, such as manufacturers of defective equipment. We will thoroughly examine every detail of your case to ensure you get the justice you deserve.
Common Injuries in a Workers' Comp Claim
Every workplace poses some risk of injury. While some workplace accidents can result in nothing more than scrapes and bruises, others can be truly life-altering. Some of the most common types of serious injuries sustained in workplace accidents include:
A severe personal injury can result in a diminished quality of life. Many times, serious injuries prohibit workers from ever performing the tasks required by their jobs again. In addition to pain and suffering, permanent disabilities lead to lost income, insurance issues, and overwhelming medical costs. Our workers' compensation attorneys are passionate about helping accident victims obtain the full and fair compensation to which they are entitled.
Workers Compensation Benefits
If you have been hurt on the job, workers' compensation insurance offers a variety of benefits to which you may be entitled, such as:
- Payment of medical expenses: Following your workplace injury, you may be faced with medical bills for emergency room care, surgery, or ongoing rehabilitative therapy. Workers' comp benefits can cover these costs.
- Weekly paychecks: If your injury results in time away from work, you are entitled to weekly paychecks that are two-thirds of your regular pay. These paychecks are tax-free.
- Lump sum payments: You have the right to receive a lump sum payment if your workplace injury has caused a disability. The amount of these lump sum payments varies for each individual, based on the degree of the disability and doctors' evaluations.
- Permanent disability payment: If your injury has caused a permanent disability that prevents you from returning to your job, you may receive two-thirds of your wages, tax-free, for the rest of your life.
- Death benefits: If you lost a loved one due to a workplace accident, you may be entitled to death benefits. These can include ongoing paychecks and the payment of burial expenses.
How Much Does Workers' Compensation Pay?
Workers' compensation covers up to 2/3 of your weekly wages, along with all related medical expenses until you have reached maximum medical improvement. Travel to and from the doctor and rehabilitation appointments are also covered by workers' compensation.
Missouri Workers' Compensation Laws
In Missouri, the workers' compensation program is administered by the Missouri Industrial Commission. In the Missouri system, judges throughout the state are utilized to resolve disputes between employees and employers in claims involving workplace injuries and illnesses.
The workers' comp process in Missouri includes the following steps:
- Report the injury to your employer: With rare exceptions, you have only 30 days to report your injury to your employer under Missouri law. At that time, your employer is allowed to choose the doctor who will treat you. You do have the right to see your doctor, but you must do that at your own expense.
- File a claim: In most cases, you must file a formal workers' compensation claim within two years of your injury or illness.
- Case examination: When handling your claim, Brown & Brown, LLP will closely examine every aspect of your case, including your complete medical records, expert opinions, witness statements, and comprehensive legal research into pertinent statutes, regulations, and case law.
- Pre-hearing, mediation, and hearing: A variety of proceedings occur during the duration of your claim. The pre-hearing is used to update the status of your claim's investigation or the progress of your treatment. Judges become involved in the mediation process. Your hearing is the formal process in which the involved parties introduce evidence and support their cases.
- Appeal: Either side in the workers' comp process can appeal a ruling by the Missouri Industrial Commission's judges.
The steps in the workers' compensation claim can be incredibly complicated. Our experienced lawyers can help you successfully navigate the process and obtain the full compensation to which you are entitled.
How Long Do I Have to File a Workers' Compensation Claim in Missouri?
You only have two years from the date of your workplace accident to file a workers' compensation claim in Missouri. It is best to file as soon as possible, however, as waiting can result in unforeseen complications and delays.
Illinois Worker Comp Law
The Illinois Industrial Commission manages the workers' compensation program in Illinois. Unlike in Missouri, arbitrators are utilized to resolve employer-employee disputes instead of state judges.
Once you have been injured on the job, contact our attorneys right away. We will help you through each step of the process, which includes:
- Notify your employer of your injury: While there are exceptions, you generally only have 30 days to notify your employer of your work-related injury or illness. Illinois law allows this notification to be made in writing or verbally. To prevent your employer from denying that notice was ever given, it's best to report your injury in writing, preferably by certified mail. Under Illinois law, you can see a doctor of your choice.
- File your claim: Illinois law requires you to file a workers' comp claim within two years of your injury, with some exceptions. Under certain circumstances, a claim can be made within three or more years. If you are concerned that you may have missed the deadline to file your claim, contact our firm immediately.
- Workers' compensation hearing: Workers' comp hearings in Illinois are relatively informal events conducted by an arbitrator. However, insurers and employers always have an attorney present at these hearings, and the rules of evidence apply. While it is not required, it is in your best interest to have an experienced workers' compensation lawyer at your side to level the playing field and protect your best interests.
- Appeal: Illinois law allows 30 days to appeal the arbitrator's decision to the Illinois Industrial Commission if your workers' comp benefits are denied or insufficient.
How Long Do I Have to File a Workers' Compensation Claim in Illinois?
You have three years from the date of your workplace accident to file a workers' compensation claim in Illinois. Again, it is best to file for benefits as soon as possible.
How Workers' Compensation Lawyers Can Help You
After being injured on the job, some people decide to pursue their workers' comp benefits on their own. By choosing our workers' comp lawyers, we can help you with every aspect of this complicated process, including:
- Explaining the full breadth of the benefits to which you are entitled
- Filing your benefit package on time and error-free
- Ensuring you receive the maximum compensation for lost wages
- Pursuing benefits for permanent disability
- Appealing denied claims
As your experienced advocate, we will complete the entire process on your behalf, ensuring that nothing falls through the cracks.
Protection from Employer Retaliation
Unfortunately, many people who have been hurt on the job are reluctant to file a workers' comp claim because they fear some form of retaliation from their employer. Any type of retaliation or discrimination from your employer that stems from your workman's comp claim is illegal.
You are protected from actions such as:
- Threats
- Demotion
- Reduction of adequate hours
- Unfavorable treatment
- Termination of employment
If you are afraid to make a claim against your employer, or if your employer has retaliated against you, call our attorneys right away for a free consultation and explanation of your rights.
Common Mistakes in Work Comp Claims
Major Workers' Compensation Verdicts & Settlements
- $61,704 settlement for a 39-year-old employee (truck driver), who suffered a low back injury resulting in fusion surgery.
- $230,000 settlement for a 60-year-old employee who suffered a traumatic neck injury that left him unable to return to work.
- $150,000 award after trial on a denied claim. An employee fell from a ladder and suffered fractures to his elbow, ribs, and pelvis. The employer denied that the injured worker was an employee. The award included past medical expenses, lost time benefits, and permanent disability.
Why Choose Brown & Brown?
For over 30 years, Brown & Brown, LLP has helped injured workers across St. Louis and Illinois pursue the compensation they deserve. Founded by brothers Dan and Ed Brown, our firm is built on a foundation of hard work, compassion, and personalized service. We don't just fight for financial recovery; we prioritize your medical care and well-being. With a proven record of success and no fees unless we win, we're here to make a meaningful difference in your life.
FAQs
Can You Get Fired While on Workers' Comp?
You cannot be fired for being on workers' comp. Your job can, however, be terminated while you are on workers' comp or when you have an open claim. Injured workers have several rights they can exercise when facing termination while on workers' comp. Having a skilled and attentive employment lawyer on your side is one of the best ways to make sure your rights are protected during and after your recovery.
Who Is Covered by Workers' Comp Laws in Missouri and Illinois?
In both Missouri and Illinois, most employees are covered by workers' compensation laws.
Eligibility includes full-time, part-time, and seasonal workers, as long as they are classified as employees, not independent contractors. Certain categories – such as domestic workers, agricultural workers, or federal employees – may be exempt or fall under different programs.
Can I Choose My Own Doctor?
In Illinois, injured workers usually have the right to choose their own doctor under the "two-doctor rule." This allows treatment from two physicians of their choice, along with any referred specialists.
In Missouri, the rules are stricter. Employers or their insurance carriers typically select the treating physician. If you go outside this network without approval, you may have to pay out of pocket.
In either state, if your employer refuses or delays care, you may have options to seek treatment independently and request reimbursement.
What Happens if I Disagree With the Doctor Chosen by My Employer?
If you disagree with the employer-selected doctor, you may seek a second opinion, though the rules vary by state.
In Illinois, for example, you may consult a second doctor as part of your allowed choices. In Missouri, however, the employer controls your care, and any outside consultation typically won't be covered unless authorized.
Disputes over diagnosis, treatment plans, or return-to-work decisions can be addressed by requesting an independent medical examination or filing a claim for a hearing. Be sure to document your concerns and discuss options with a workers' compensation attorney or the relevant state agency to protect your rights.
Do I Need an Independent Medical Examination (IME)?
Yes, if requested by the employer or their insurance carrier, you generally must attend an independent medical examination (IME).
The IME is performed by a doctor chosen by the insurer and is used to evaluate the extent of your injury, your treatment progress, and your ability to return to work. Refusing to attend may result in the suspension of benefits.
While it's called "independent," the IME doctor does not have a treating relationship with you. Because of this, their findings may differ from your primary doctor's opinion. You are entitled to a copy of the IME report and can challenge its conclusions.
Are Mental Health Conditions Covered Under Workers' Compensation?
Yes, mental health conditions may be covered under workers' compensation in Missouri and Illinois. They must be directly related to a work incident or job conditions, though.
Qualifying conditions could include post-traumatic stress disorder (PTSD), anxiety, or depression brought on by a traumatic event at work or chronic workplace stress. However, proving a mental health claim can be more complex than physical injuries and often requires detailed documentation and expert evaluation.
Contact Brown & Brown, LLP for a Free Consultation
Consulting our skilled lawyers immediately following your work-related injury or the development of illness can drastically improve your chances of receiving the compensation you need and deserve. We proudly serve workers throughout the St. Louis area of Missouri and the Illinois area.
If you are seriously injured anywhere in Missouri, just dial 3s: 314-333-3333 or 573-333-3333. If injured in Illinois, just dial 8s: 618-888-8888. You can also fill out the appointment request form on this page, and our staff will help you set up your appointment. If you can’t come to us, we’ll come to you.
