Missouri, like almost all states, has a workers' compensation program that provides benefits to workers harmed on the job. The laws and regulations that govern the program offer eligible workers a number of important rights to ensure that every worker receives fair treatment. Look at some of the key rights all Missouri employees need to know.
The Right to File
One of your most important rights is the right to file a claim for benefits from the program. This right applies to most workers in the state who are employed by a business that has five or more employees. Some limited exceptions to this right exist, however. For, example, farmworkers and domestic servants are not covered by workers' compensation.
You have the right to file a claim as long as your injury or occupational disease is a result of your employment. If you were hurt in an auto accident on the way home from work, for instance, that would not qualify, as it's not directly related to your job.
A crucial point to remember is that you lose the right to file a claim if you wait too long to notify your employer of your injury or job-related medical condition. The law requires you to notify your employer in writing within 30 days of your injury or receiving a diagnosis of a work-related disease or debilitating medical issue.
The Right to Medical Treatment
You have the right to receive treatment for your injury or condition paid for by your employer or your employer's insurer. All medical procedures and prescriptions are covered, as long as they alleviate your injury or condition. Any related medical devices you need are covered as well.
An important consideration to bear in mind regarding your medical treatment is that you do not have the right to choose your own medical provider. Missouri law gives the employer the right to select a medical provider of their own choosing.
You do have the right, however, to receive compensation for your travel expenses if the employer requires you to see a medical provider outside of the metropolitan area where you are employed.
The Right to Avoid Retaliation
Under state law, employers may not engage in any retaliation against a worker who files a claim for workers' compensation benefits. If an employer does take any action to discriminate against you because you filed a claim, then you have the right to pursue a lawsuit against the employer in civil court.
The Right to Financial Benefits
If your workers' compensation claim is approved, you have the right to various financial benefits depending on the specific circumstances of your situation. If your inability to work is only temporary, you have the right to receive financial compensation for a temporary period of up to 400 weeks.
When you are unable to return to work at all, then you have to receive permanent financial assistance.
You may be eligible for a type of compensation known as scheduled benefits, which are payments made to a worker who loses the use of certain body parts, such as their ears or extremities, as a result of their injury at work. You can also receive special financial compensation if some body parts, such as your arms, head, or hands, were disfigured by your injury.
Knowing your rights under the workers' compensation program is an essential part of filing a successful claim. To make absolutely certain, however, that you take advantage of all of your rights, you will need the help of an attorney, such as David Naumann & Associates, who has experience in workers' compensation cases.
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