Cape Girardeau Workers' Compensation Lawyer

Workers’ Compensation in Missouri and Illinois

Missouri and Illinois both have workers’ compensation systems in place that require most employers to carry insurance to assist when employees become sick or are injured on the job. While both states offer similar benefits, there are differences between the eligibility requirements, benefits, and claim procedures. Here is what you need to know.

Missouri

In Missouri, most employers with five or more employees are required to carry workers’ compensation insurance. For those working in the construction industry, these employers are required to provide this insurance if they have one or more employees. All full-time, part-time, and seasonal employees are covered under this program.

The benefits available in Missouri include:

• Medical Benefits: These cover all medical treatment, including surgeries, medications, rehabilitation, and travel expenses related to the workplace accident. The employer or insurer has the right to choose the treating doctor.
• Temporary Total Disability (TTD): This is paid when an employee is temporarily unable to work, and they are two-thirds of the worker’s average weekly wage.
• Temporary Partial Disability (TPD): These are provided when an employee can perform some tasks but not at full capacity. Once again, TPD is calculated as two-thirds of the difference between the pre-injury wage and the post-injury earnings.
• Permanent Partial Disability (PPD) and Permanent Total Disability (PTD): The PPD benefits are available if the employee has a permanent disability but can still work in some capacity. On the other hand, PTD is provided if the employee cannot return to any form of employment.
• Death Benefits: When there is a fatal workplace injury, the surviving family members can apply for weekly payments.

In most situations, you need to alert your employers of any injuries immediately. However, if you wait, you have 30 days to inform your employer of the injury.  Failure to provide timely notice can result in denied benefits. From that point, the employer has five days to file a report with the Missouri Division of Workers’ Compensation.

Illinois

Illinois requires almost every employer to carry workers’ compensation insurance, no matter the number of employees. In contrast to Missouri, the state’s workers’ comp includes more categories of employees under coverage.

Like any claim, you need to show that the injury is work-related. In Illinois, the causation requirements are less stringent than in Missouri. Many times, employees are more likely to receive compensation for work-related injuries, even if they contributed to the incident in some way.

Illinois workers’ compensation provides similar types of benefits to Missouri, but with some differences:

• Medical Benefits: These cover all necessary medical expenses, including surgeries, hospital visits, rehabilitation, and doctor appointments. Unlike Missouri, the employee has the right to choose the physician.
• Temporary Total Disability (TTD): These benefits provide two-thirds of the employee’s average weekly wage when a worker cannot return to work temporarily.
• Temporary Partial Disability (TPD): when an employee can perform some work but not at full capacity, they can recover TPD. Like TTD, this is calculated at two-thirds of the difference between pre-injury and current earnings.
• Permanent Partial Disability (PPD) and Permanent Total Disability (PTD): Similar to Missouri, PPD is available if an employee has a lasting injury but can still work, while PTD is for cases where the injury prevents any future employment.
• Death Benefits: Illinois also offers death benefits for surviving family members, including a portion of the deceased’s weekly wages and funeral expenses up to a set limit.

In Illinois, an employee must inform their employer within 45 days of the accident. After notifying your employer, you can file a claim with the Illinois Workers’ Compensation Commission.

If you would like to learn more about the benefits you could qualify for, reach out to an experienced Cape Girardeau workers’ compensation lawyer. We will be able to help you understand your options.

Workers’ Compensation Denials

Despite your right to workers’ compensation benefits, claims are sometimes denied. When that happens, you might be uncertain about the next steps. Here are some common reasons for workers’ compensation denials and how an experienced workers’ compensation lawyer can assist during this time.

• Missed reporting deadlines: Both Missouri and Illinois have specific timelines for reporting workplace injuries. In Missouri, workers must report their injuries to their employer within 30 days of the incident, while Illinois gives workers 45 days.
• Lack of evidence of a work-related injury: If there is insufficient evidence connecting the injury to the workplace, the claim may be denied. In Missouri, the injuries must be shown to result directly from job duties. However, Illinois is a little more lenient.
• Pre-existing conditions: Sometimes, workers with pre-existing medical conditions may face denial if the employer or insurance company argues that the injury was not caused by work activities but was an aggravation of an existing condition. Both Missouri and Illinois compensate workers when work activities worsen a pre-existing condition. In these cases, the claimant must demonstrate that the job aggravated the condition.
• Disputes over the severity of injury: Insurers may deny claims if they believe that an injury is not as severe as claimed or does not warrant the amount of compensation requested.
• Failure to seek or follow medical treatment: After an injury, employees must seek immediate medical care and follow their physician’s recommended treatment plan. Failing to follow medical advice, skipping appointments, or refusing recommended treatment can lead to a denial. Injuries occurring off-work premises.

A workers’ compensation denial can be a setback, but it is not the end of the road. Both Missouri and Illinois have appeal processes that allow workers to challenge denial and pursue the benefits they deserve.

Can a Cape Girardeau Workers’ Compensation Lawyer Help?

A workers’ comp lawyer in Cape Girardeau with experience in both Missouri and Illinois law can provide invaluable assistance in the following areas:

• Filing claims: Since each state has different filing requirements, you will want to have an attorney to improve the chances of a successful claim.
• Proving work-related injuries: You need to show causation for your workers’ compensation claims. An attorney will gather evidence to support the claim, including medical records, witness statements, and expert testimonies.
• Appealing denied claims: If a claim is denied, a knowledgeable lawyer can guide you through the appeals process in Missouri and Illinois.

Prince Law Firm Is Ready To Assist With Your Claim

While you might think that applying for workers’ compensation claims is easy, there are times when there could be denial. In these cases, you will want to have a Cape Girardeau workers competition lawyer to learn about your options. Whether you were injured in a Cape Girardeau factory, a construction site, or another high-risk job, we are here to protect your best interests at Prince Law Firm.

If you or a loved one has suffered a workplace injury, reach out to us. Schedule a consultation with a Cape Girardeau workers’ compensation lawyer to see how we can assist with your claim.