Workers’ Comp. 101: The Do’s and Don’ts

By: Cynthia Hennessey, Attorney

With an injury on the job, you have entered into the world of Workers’ Compensation. A maze of laws and regulations that most people have no idea even existed prior to their injury. Workers’ Comp., as we call it, is a world of its own, with a very different set of legal rules and laws than in other personal injury cases.

What’s worse is business and insurance groups are constantly at work, trying to change the rules and limit your rights and benefits. Thus, even if you may think you know the rules regarding Workers’ Compensation, it’s highly likely that everything you know has already changed.

With 21 years of experience, it’s my job to stay on top of all the changes so that I can protect your rights and win your case.

As such, I have prepared the following list of Do’s and Don’ts to assist you in case you are ever injured on the job.

DO’s:

1. Immediately after the accident, do not try to move if you are hurt. Call for help to get up and for assistance. Insist on an ambulance and immediate medical care if the injury causes substantial pain or appears serious.

2. Identify witnesses to the accident (names, addresses and phone numbers).

3. Report the accident as soon as possible to your supervisor. Be very thorough regarding the parts of the body that you think are in any way hurt or injured. You will likely be limited to treatment only on the parts of the body you reported at the time of the accident. Be sure an accident report is filled out and you get a copy.
There are very strict timeframes in which you must report the injury, its best to do it immediately. However, do not be misled by anyone who tells you that if you don’t report it immediately, it is not accepted under Workers’ Comp. In Missouri, the worker has 30 days to report the injury.

4. Seek medical assistance immediately if pain persists, or is serious. In Missouri, the Employer has the right to choose the medical provider; however, if they fail to provide treatment or deny treatment, the worker may choose the medical provider and the Employer/Insurer will be responsible for payment. You must keep all appointments, and follow the medical treatment or your benefits can be terminated.

5. Obtain all available information on your employer's Workers' Compensation insurer. Contact them as early as possible, to start benefits if you will be out of work for more than three days.

6. If you are unable to work after seven (3) days, request (in writing) that Workers' Compensation benefits be started as of the fourth day. In Missouri, your weekly benefits are 2/3 of your average weekly wages up to a statutory maximum; this is calculated from your gross salary before taxes. Do the calculations yourself, do not just go by the calculations of the insurance adjuster, they are often wrong.

7.If the insurance company does not begin making payments on your medical bills and weekly benefits consult an attorney immediately. Do not wait.

8. If a Nurse Case Manager is assigned to your case, remember, she is not your friend. She works for the insurance company. Everything you say will be relayed back to the insurance company and used against you. Do not offer her any information. Further, the Nurse Case Manager does not have the right to be in the examination room with you.

9. In Missouri, we have a Statute of Limitations. This means that your case will be closed 2 years after the injury or the date of the last benefit paid unless a Form 21 is filed. Be very, very, very careful here. If you are anywhere near the 2 year mark, consult a Workers’ Comp. attorney.

10. When hiring an attorney, be sure the attorney is a Workers’ Comp. specialist. Ask her about her experience!
Workers’ Compensation is a highly specialized area of law. It is not an area of law that attorneys should just “dabble in”. Write down all questions you may have prior to interview and don't hesitate to interview several attorneys and compare. A good attorney should provide free consultations, knowing that the worker must feel confident in his or her choice.

11. Once you hire an attorney, expect excellent service. Expect respect. Expect to have your case handled promptly and personally. Do not settle for a lawyer that doesn’t care about you or your case. If you are unhappy with your attorney, remember, you are the boss. You can terminate your contract at anytime. In most cases, when you fire an attorney, the next attorney you hire will pay the prior attorney out of their fee. Thus it shouldn’t cost you anything.