If you were injured or developed an occupational illness while working in St. Louis, Missouri workers’ compensation may provide medical treatment and disability benefits without requiring you to prove your employer caused the injury. If your claim is denied, your benefits are disputed or someone other than your employer contributed to your injury, a workers’ compensation lawyer can help you understand what compensation may be available.
A workplace injury can disrupt much more than your workday. Suddenly, you may be dealing with medical appointments, time away from work and questions about how you’re going to keep up financially while you recover.
Workers’ compensation exists to provide benefits for qualifying work-related injuries and illnesses. But having a right to benefits and actually receiving everything you’re entitled to aren’t always the same thing.
At Roach Law, we help injured workers understand what comes next. That can mean examining the workers’ compensation benefits available to you, challenging disputed benefits or determining whether someone outside your employer may also be responsible for what happened.
Meet the Attorney Behind Roach Law
Kevin Roach founded Roach Law in 2003 and has practiced law since 2000. For more than two decades, he has represented people dealing with serious injuries and the financial uncertainty that can follow them.
That experience matters when a workplace injury affects not only your health, but your ability to earn a living and plan for what comes next.
How Can a St. Louis Workers’ Compensation Lawyer Help?
A workers’ compensation claim can become complicated quickly, particularly when your injury is disputed, treatment is delayed or the insurer says you can return to work before you believe you’re ready.
A St. Louis workers’ compensation lawyer can help by:
- Reviewing how and where your injury happened
- Determining what workers’ compensation benefits may apply
- Reviewing medical records and other evidence
- Helping address disputes over authorized treatment
- Examining unpaid or interrupted disability benefits
- Responding when a claim is denied
- Identifying important reporting and filing deadlines
- Determining whether a third party may also be legally responsible
- Representing you during the formal workers’ compensation process when necessary
If your claim is denied, medical treatment is refused, disability payments stop or another dispute develops, speaking with a workers’ compensation lawyer can help you understand what is being challenged and what options you have to respond.
The goal isn’t to make an already difficult situation more complicated. It’s to understand what the law provides, what the insurer is doing and what options you have from here.
How Does Workers’ Compensation Work in Missouri?
Missouri workers’ compensation is designed to provide benefits for qualifying work-related injuries and occupational diseases.
Most Missouri employers with five or more employees must carry workers’ compensation coverage. Construction industry employers generally must carry coverage when they have one or more employees. Employers can meet their obligations through workers’ compensation insurance or, if authorized, by self-insuring.
Missouri workers’ compensation coverage requirements
Unlike a typical personal injury lawsuit, workers’ compensation generally does not require you to establish that another person negligently caused your injury before benefits can be available.
However, not every worker or every situation is necessarily covered by Missouri workers’ compensation law. Certain categories of employment are subject to different rules or exemptions.
If you’re unsure whether you’re covered, don’t assume that your job title, employment arrangement or what your employer tells you automatically answers the question.
What Should You Do After a Workplace Injury in St. Louis?
What happens immediately after a workplace injury can affect both your health and your claim.
1. Report the injury
Tell your employer or supervisor about the injury as soon as possible.
Missouri requires employees to report work-related injuries, and failing to provide notice within 30 days can jeopardize the right to workers’ compensation benefits. For occupational illnesses or diseases, the notice period relates to when the worker becomes reasonably aware that the condition is work-related.
Missouri workers’ compensation injury reporting requirements
2. Get appropriate medical care
Your employer or its workers’ compensation insurer is generally responsible for providing authorized treatment needed to cure and relieve the effects of a compensable workplace injury.
3. Keep records
Keep copies of communications, medical information, work restrictions and anything you receive from your employer or insurer.
4. Pay attention to changes in your claim
If treatment is suddenly stopped, weekly benefits don’t arrive, your employer disputes how the injury occurred or you’re told to return to work despite ongoing restrictions, find out why.
5. Don’t confuse reporting your injury with filing a formal claim
This is important.
Reporting your injury to your employer and filing a Claim for Compensation with the Missouri Division of Workers’ Compensation are two different things.
The deadlines for each are also different.
What Workers’ Compensation Benefits Are Available in Missouri?
Depending on the circumstances of your injury and its effect on your ability to work, Missouri workers’ compensation may provide several types of benefits.
Medical Treatment
Workers’ compensation may cover authorized treatment reasonably required to address the effects of your workplace injury, including medical, surgical, hospital and other qualifying care.
For authorized treatment, the employer or insurer generally pays the costs without a deductible to the injured employee.
Missouri law on workers’ compensation medical treatment
Temporary Total Disability
If your authorized doctor says you cannot work while recovering, you may qualify for temporary total disability (TTD) benefits.
TTD is generally based on two-thirds of the employee’s average weekly wage, subject to applicable limits.
Missouri law on temporary total disability benefits
Temporary Partial Disability
If you can return to modified or light-duty work but earn less than your normal wage while recovering, temporary partial disability (TPD) benefits may be available.
Missouri law on temporary partial disability benefits
Permanent Partial Disability
If your injury leaves you with a permanent disability but does not completely prevent you from working, you may qualify for permanent partial disability (PPD) benefits.
Missouri law on permanent partial disability benefits
Permanent Total Disability
A worker whose qualifying disability permanently prevents them from competing in the open labor market may potentially qualify for permanent total disability (PTD) benefits.
Missouri law on permanent total disability benefits
Survivor and Funeral Benefits
When a worker dies as a result of a compensable workplace injury, qualifying dependents may be entitled to weekly death benefits. Missouri law also provides for reasonable burial expenses up to $5,000.
Missouri law on workers’ compensation death and burial benefits
Who Chooses Your Doctor After a Missouri Workplace Injury?
This surprises many injured workers.
Under Missouri workers’ compensation law, the employer or its insurer generally has the right to select the authorized treating healthcare provider.
You can choose your own physician, but you may be responsible for that treatment yourself unless the employer or insurer authorizes it.
Missouri law on workers’ compensation medical care
That makes disputes over treatment particularly important. If recommended tests or surgery are denied, treatment is stopped or you believe you’re being released before you’ve recovered, simply arranging additional treatment yourself may have financial consequences.
Why Are Workers’ Compensation Claims Denied in Missouri?
A workers’ compensation claim – or a particular benefit such as medical treatment – can be disputed even when an employee genuinely believes the injury happened because of work.
Common disputes include allegations that:
- The injury did not happen at work
- The event does not qualify as a compensable work accident
- The employee failed to provide proper notice
- The condition was pre-existing rather than caused by the workplace injury
- The worker has reached maximum medical improvement and no longer needs additional treatment
- The worker failed to comply with authorized medical treatment
A denial isn’t something you have to interpret on your own.
The first question is why the claim or benefit is being disputed. From there, the evidence and available options can be assessed.
What Can You Do if Your Missouri Workers’ Comp Claim Is Denied?
A denied claim does not necessarily mean the workers’ compensation process is over.
If you believe you have not received the benefits you’re entitled to, Missouri law provides a process for disputed workers’ compensation matters to be heard and decided. If the employer and employee cannot agree on compensation, either party may apply for a hearing.
Missouri law on workers’ compensation dispute hearings
Some disputes involve the entire claim. Others may concern one part of it such as whether additional medical treatment should be authorized or whether temporary disability payments should continue.
If a case cannot be resolved, a workers’ compensation matter may ultimately proceed to an evidentiary hearing before an administrative law judge. The Missouri Division of Workers’ Compensation states that most cases resolve by settlement rather than trial.
This is also where a denied workers comp claim attorney can help identify what is actually being disputed and what evidence may be needed to respond.
Can You Sue Someone Else for a Workplace Injury?
Yes, at times this will be appropriate.
Workers’ compensation and a third-party personal injury claim are not the same thing.
Workers’ compensation generally concerns the relationship between the injured employee and the employer. But sometimes someone outside that relationship contributes to the injury.
For example:
- A delivery driver is hit by another motorist while working
- A worker is injured by defective equipment
- A contractor or another company’s employee creates a dangerous condition
- A worker is injured on property controlled by another party
Missouri law specifically addresses situations where a third party may be liable for an employee’s injury.
Missouri law on third-party workplace injury claims
A third-party claim can potentially allow recovery of damages that workers’ compensation itself does not provide. However, the interaction between workers’ compensation benefits and a third-party recovery can be complicated because Missouri law also provides subrogation rights to the employer.
That is why we look at how the injury happened, not simply where you were when it happened.
What if Your Employer Doesn’t Have Workers’ Compensation Insurance?
If your employer was legally required to carry workers’ compensation coverage but failed to do so, that does not necessarily leave you without a way to pursue compensation.
Missouri law gives an injured employee options when an employer fails to insure its workers’ compensation liability. Depending on the circumstances, the employee may elect to pursue a civil action against the uninsured employer or seek recovery through the workers’ compensation system. Missouri law also provides a mechanism for certain medical expenses to be paid through the Second Injury Fund.
Missouri law on uninsured employers and workers’ compensation
The rules for an uninsured employer are different from those that apply to an ordinary insured workers’ compensation claim. If you discover that your employer did not have required coverage when you were injured, it is important to understand which options may apply before deciding how to proceed.
What We’ve Learned From Handling Serious Workplace Injury Claims
A workplace injury claim is rarely only about what happened in the moment of the accident. What matters in the weeks afterward can be just as important.
Medical restrictions change. A worker tries to return but cannot perform the same duties. Treatment that seemed straightforward becomes more complicated. An injury that was initially expected to heal begins affecting someone’s ability to earn a living long term. And sometimes the question isn’t whether a person was hurt at work. It’s whether everyone involved agrees on what that injury now means.
That is why documentation matters.
We look at the medical evidence, the work a person was doing before the injury, what they can realistically do now, the benefits that have been provided and whether another person or company may also have contributed to what happened. The goal is to understand the whole picture before decisions are made about what comes next.
What Happens When Roach Law Handles a Workplace Injury Claim?
Every workplace injury is different, but our work typically starts with understanding what happened and where the problem currently lies.
We may:
- Listen to what happened
We start with the injury itself, your work, your treatment and what’s happened with your employer or insurer since. - Review the workers’ compensation claim
We examine the benefits being provided, any disputes or denials and important deadlines. - Look at the medical evidence
Your diagnosis, treatment, restrictions and prognosis can affect several parts of the claim. - Identify other potential sources of liability
If someone other than your employer contributed to your injury, we assess whether a separate third-party claim may exist. - Address disputed benefits
Where necessary, we can help navigate the formal Missouri workers’ compensation process. - Help you understand your options before you make decisions
Particularly when treatment ends, permanent disability is being evaluated or settlement is being discussed.
You don’t need to understand the entire workers’ compensation system before you call us. That’s part of what the conversation is for.
What Types of Workplace Injuries Can Lead to Workers’ Compensation Claims?
Work injuries can happen suddenly or develop over time.
Claims may involve:
- Back and neck injuries
- Broken bones
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Burns
- Crush injuries
- Shoulder and knee injuries
- Amputations
- Hearing damage
- Eye injuries
- Repetitive-motion injuries
- Occupational illnesses and diseases
- Toxic exposures
- Fatal workplace injuries
The important question isn’t whether your injury appears on a particular list. It’s whether your condition falls within Missouri’s workers’ compensation law and can be connected to your employment.
St. Louis Catastrophic Injury Lawyer
How Long Do You Have to Report and File a Workers’ Compensation Claim in Missouri?
There are two different deadlines workers should understand.
Reporting the injury
Missouri workers generally should report a workplace injury immediately. Failure to report it within 30 days may jeopardize workers’ compensation benefits. Occupational disease notice rules account for when the worker becomes reasonably aware that the condition is work-related.
Filing a Claim for Compensation
A formal Claim for Compensation generally must be filed with the Missouri Division of Workers’ Compensation within two years after the injury or death, or the last workers’ compensation payment made on account of it.
If the employer fails to timely file its required Report of Injury, the filing period may extend to three years. Occupational disease claims have additional accrual considerations.
Missouri workers’ compensation filing deadline
Do not wait until a deadline is approaching to find out which rule applies to your situation.
Frequently Asked Questions About Missouri Workers’ Compensation
Generally, workers’ compensation does not work like an ordinary negligence lawsuit. A qualifying employee does not usually have to prove that the employer negligently caused the workplace injury before workers’ compensation benefits can be available.
The important issues include whether the injury or occupational disease is compensable under Missouri law and whether the applicable requirements have been met.
You can seek treatment from a doctor you choose, but Missouri generally gives the employer or insurer the right to select the authorized treating provider. If you choose your own doctor without authorization, you may be responsible for the cost.
Treatment may be stopped because the insurer disputes the claim, believes you have reached maximum medical improvement, attributes the condition to something pre-existing or believes you have not complied with treatment.
The reason matters because it determines what issue actually needs to be addressed.
Workers’ compensation is not an ordinary negligence claim, so fault does not operate in the same way it does in a personal injury lawsuit.
However, Missouri workers’ compensation law contains specific rules that can affect benefits in certain circumstances. Rather than assuming fault automatically eliminates — or can never affect — a claim, the circumstances of the accident should be reviewed individually.
Potentially. If someone other than your employer is legally responsible for your workplace injury, a separate third-party claim may exist alongside the workers’ compensation claim.
Missouri law also gives employers certain subrogation rights when compensation has been paid, so the two claims need to be coordinated carefully.
A denial does not necessarily end the matter. Missouri provides procedures for resolving workers’ compensation disputes, including dispute-management services and proceedings before an administrative law judge.
An injured worker may also file a formal Claim for Compensation with the Division.
Roach Law handles qualifying injury matters on a contingency-fee basis. That means you do not pay attorney fees upfront; the fee is tied to the recovery obtained.
We can explain how fees would work in your specific matter before you decide whether to move forward.
A formal Claim for Compensation generally must be filed within two years after the injury or death, or the last workers’ compensation payment made on account of it. The period can extend to three years if the employer fails to timely file its required Report of Injury.
Learn More About Workers’ Compensation in Missouri
What Is the Average Workers’ Comp Settlement?
Settlement value depends on the facts of the individual claim, including the injury, disability and benefits involved.
How Long Do Workers’ Comp Settlements Take?
There is no single timeline for every workers’ compensation case. Learn what can make a claim move faster — or take longer.
Hurt at Work? Let’s Work Out What Comes Next
You don’t need to know whether your claim will be accepted, what your injury is worth or whether another company may also be responsible before speaking to a lawyer.
You can start with what happened.
Roach Law can review your workplace injury, explain how Missouri workers’ compensation may apply and help you understand what options are available if your benefits are delayed, disputed or denied.
Your initial consultation is free, and there’s no obligation to move forward.
Talk to a St. Louis Workers’ Compensation Lawyer
Visit Our Personal Injury Law Office in St. Louis, MO
Roach Law Car Accident Lawyers
1010 Market St Suite 1605, St. Louis, MO 63101
(636) 519-0085
St. Louis Hospitals and Emergency Rooms
- Barnes-Jewish Hospital — 400 S Kingshighway Blvd, St. Louis, MO 63110
- St. Louis Children’s Hospital — 1 Children’s Place, St. Louis, MO 63110
- Missouri Baptist Medical Center — 3015 N Ballas Rd, St. Louis, MO 63131
- Mercy Hospital St. Louis — 615 S New Ballas Rd, St. Louis, MO 63141
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
St. Louis Workers’ Compensation Related Blog Posts
What our St. Louis Clients Have to Say About Us
https://maps.app.goo.gl/KcyvJS1P71Yps1jq9
Read more of our Google reviews.