In order to prevail on your personal injury claim, you must be able to prove that you were injured while in the course of employment and that your injuries are not the result of a pre-existing condition or pre-existing injury. You must show that you were in the "course of employment" and that your injury was not the result of horseplay or some sort of a private errand. You must show that the permanently and totally disabled (PTD) and that as a result of the injury you have a disability or impairment - even if the disability or impairment is minimal.
Many times, the fact that there was an injury at work is not disputed. Hopefully this is your situation and your employer has turned the claim over to its insurance company. Typically the insurance company will schedule an appointment with a work comp clinic such as "Occupational Medicine"; Employer's Health Services; or "Corporate Care". These clinics are set up to treat minor injuries. They are not set up to treat or even evaluate serious injuries where an orthopedic specialist may be needed. In numerous cases, the "occupational medicine doctor" will order a week or two of physical therapy and then release you at "maximum medical improvement". In cases where the injury was only a back strain or sprain, physical therapy may be all that is needed. However, if the pain and other symptoms persist following release by the doctor, it is important for you to bring this to the attention of your employer or the insurance adjuster. Typically, it is at this stage of the "workers compensation claim" where the workers will realize that they may need an Your experienced workers compensation attorney.
There are other times, when the employer takes the position that the injury "did not happen at work" or was not "work related". The Employer may have sent the worker to its "occupational medicine clinic" and their authorized physician determines that the injury is "pre-existing".
There are many and various tactics and ploys the employer's attorney will use to defeat your work comp case. try to establish that you were not injured at work, that it was a pre-existing injury or condition that simply came about while you were at work.
There may be a situation where your employer tries to persuade you to "go to your own doctor". If this happens it might be because the employer did not have workers compensation insurance. Both Missouri and Kansas require almost all employers to have workers compensation insurance. There are limited exceptions. Even if you have encountered a situation where your employer has no workers compensation insurance, you may be able to have the workers compensation system provide you with reasonable medical treatment; and you still have a claim against the employer - so do not give up! Call an experienced workers compensation attorney.
There may be situations where you have been injured in the course of employment, but it was someone or something outside of your employment that actually caused the injury. A typical example is a delivery driver or a truck driver who is injured due to the fault of another driver. In such an instance, the injured worker has two claims: The workers compensation claim; and a separate claim against the party who was at fault. Attorneys call these "third party claims". In such situations you need an Your experienced workers compensation attorney who can refer you to an experienced personal injury attorney who can pursue the third party case. Many workers compensation attorneys say they can represent the worker in both cases, however it is in your best interest to retain an attorney experienced in workers compensation for that claim; and an attorney who is experienced in and who specializes in personal injury claims for the third party claim.
Do not think that is "rude" or "impolite" to ask about how much the workers compensation claim might be "worth". Each case is different, however your attorney should be able to provide you with an estimate based upon three essential criteria: (1) what part of your body was injured; (2) what is the nature and extent of your injury; and, (3) what is your average weekly wage? There are other factors as well. If you are unable to return to any employment, you are considered permanently and totally disabled (PTD) and then you would be entitled to weekly payments for the rest of your life (Missouri). In Kansas PTD is limited to $125,000. Your experienced workers compensation attorney should be able to discuss "how much is the claim worth" with you. See Missouri awards and settlements for listings of some of the Missouri awards and settlements for Missouri Clients. Note: Past results afford no guarantee of future results and that every case is different and must be judged on its own merits;
