No one ever plans on suffering injuries at work or developing a work-related illness. When this happens, people are left out of work with mounting medical bills and uncertainty about their future. However, all is not lost as you may be entitled to workers’ compensation benefits.
Suffering from a work-related injury or illness can quickly turn into an overwhelming and life-altering experience. Amid the pain and stress of recovery, navigating the complexities of the workers’ compensation system adds an additional burden.
Fortunately, you do not have to navigate the complex legal landscape alone and can find comfort in working with Tom Wilmowski, an experienced workers’ compensation lawyer. From his office in St. Louis, Tom accepts cases from clients in Missouri and Southern Illinois.
If you are ready to secure a legal ally determined to stand by your side, contact Tom Wilmowski to get started. Call 314-860-1644 or email us to schedule a free consultation.
Workers’ Compensation Benefits
Workers’ compensation is a form of insurance intended to provide wage replacement and medical benefits to employees injured during their employment. According to the Missouri Department of Labor, the state of Missouri provides several types of workers’ compensation benefits to assist workers during their recovery and to compensate for losses that arise from work-related injuries or diseases:
- Medical benefits. Missouri workers who have been injured on the job are covered by medical benefits, which include the cost of all medical treatment that is reasonably required for the treatment of the work injury. This includes hospital stays, medical procedures, prescriptions, and necessary medical devices.
- Temporary partial disability (TPD). If an injury partially impairs your ability to work, you might be eligible for temporary partial disability benefits, which are paid weekly and amount to 66 2/3% of the difference between your average pre-accident earnings and your current earnings. TPD benefits are provided to those who can still work but may need to perform lighter duties or work fewer hours at a reduced pay level.
- Temporary total disability (TTD). When a workplace injury or illness temporarily prevents you from returning to any work, temporary total disability benefits kick in. TTD benefits provide compensation while you are completely off-work due to the work-related injury, typically amounting to two-thirds of your average weekly wage.
- Permanent partial disability (PPD). Permanent partial disability benefits apply if the work injury leads to permanent damage, but you are still able to work in some capacity. PPD benefits are based on the extent of your disability and are intended to compensate for reduced earning potential.
- Permanent total disability (PTD). Permanent total disability benefits are for those who sustain an injury resulting in the inability to return to any type of employment. PTD benefits offer lifelong compensation and, like TTD, usually amount to two-thirds of your average weekly wage before the injury.
Understanding these benefits is crucial for ensuring that you – as a Missouri worker – receive the support and compensation you deserve. If you are not sure what benefits are recoverable in your specific case, you might want to schedule a free case evaluation with Tom Wilmowski.
Common Workers’ Compensation Injuries
Every year, approximately 90,000 workers in Missouri suffer on-the-job injuries, according to the Missouri Department of Labor. In most cases, those injured workers are entitled to workers’ compensation benefits. While injuries suffered by workers’ comp claimants vary greatly from one individual to another, some of the most common types are:
- Cuts and lacerations. These injuries can range from minor cuts requiring basic first aid to deep lacerations needing surgical intervention. They occur frequently in workplaces with machinery, cutting instruments, or in environments where handling sharp materials is part of the worker’s duties.
- Exposure to harmful substances. Employees working in industries that involve the use of chemicals and toxic substances may suffer injuries due to exposure. These can include respiratory illnesses, chemical burns, and other conditions that may manifest either immediately or over time.
- Repetitive strain injuries (RSIs). RSIs are caused by repetitive movements or prolonged overuse of certain parts of the body, often affecting muscles, nerves, ligaments, and tendons. Carpal tunnel syndrome and tendonitis are common examples of RSIs.
- Burn injuries. Burns can occur in workplaces with fire hazards, such as kitchens, industrial settings, or locations that handle flammable materials. Burn injuries range from first-degree to third-degree, with severity affecting recovery time and treatment.
- Broken bones. Fractures can result from slips, trips, falls, or direct impacts. They are especially common in construction, manufacturing, and other physically demanding jobs.
- Loss of limbs. Losing a limb can be a devastating and life-altering injury and may occur due to severe machinery accidents or prolonged lack of circulation as a result of being caught in between objects.
- Back injuries. Injuries to the back, including sprains, strains, herniated discs, or spinal cord damage, can be caused by heavy lifting, falls, or even poor posture. These injuries are prevalent in industries requiring manual labor.
- Traumatic Brain Injuries (TBIs). TBIs can happen due to a blow to the head, violent jolts, or objects penetrating the skull. Construction and transportation are high-risk sectors for such injuries.
- Hearing damage. Continuous exposure to loud noises without adequate hearing protection can lead to hearing loss. This is common in manufacturing, construction, and aviation industries.
- Vision damage. Eyes can be injured by chemicals, exposure to bright light, or flying debris. Proper eye protection is essential to mitigate the risk of vision damage.
While these injuries may occur in any profession, some industries are considered to be more dangerous than others. According to the National Safety Council, the most dangerous industries are construction, education, healthcare, agriculture, fishing, forestry, hunting, warehousing, and transportation.
How Long Do I Have To File A Workers Compensation Claim?
According to the Missouri Department of Labor, employees must report their work-related injuries and illnesses “immediately” to their employer or supervisor. While the law sets a 30-day deadline for reporting on-the-job injuries, the sooner you notify your employer/supervisor of the injury, the better. If you fail to report the injury within 30 days, you may be at risk of getting your future workers’ compensation claim denied.
The Department of Labor recommends making a report in writing and stating your name and address, the date and time of the workplace accident, the location where you got injured, and the nature of the injury.
How Can A Workers’ Compensation Attorney Help Me?
This is the question many injured workers have on their minds shortly after a workplace accident. “If I can do it myself, why would I need a lawyer?” they think. In the ideal world, it is possible to handle your workers’ compensation claim on your own. Unfortunately, however, our world is far from ideal, and many workers encounter a number of difficulties when pursuing workers’ comp benefits. Here are some of the ways a workers’ compensation attorney may be able to help you:
- Explain the process and your right to compensation. A workers’ compensation lawyer will help you understand your rights and the legal processes involved in your claim. Your attorney will inform you about the types of compensation available and advise you on the best way to proceed after a workplace accident to maximize compensation.
- Assist in notifying your employer and filing a claim. Your attorney will help ensure that you notify your employer about the injury within the required deadlines and assist you with all the necessary paperwork involved in filing a workers’ compensation claim. This will reduce the risk of errors that could delay your claim or even get a denial.
- Collect evidence and documentation for your workers’ comp claim. Compiling the right documentation and evidence is key to a successful claim. Your lawyer will gather your medical records, arrange testimony from occupational experts, and collect incident reports to support your case.
- Work with medical experts to strengthen your claim. Testimonies from medical experts are often the most reliable piece of evidence in a workers’ compensation claim. An attorney can find medical experts to testify regarding the severity and effects of your injuries and ensure that their testimonies demonstrate the full extent of your work-related condition.
- Work with an uncooperative employer or insurer. If you encounter resistance from your employer or their insurance company, your attorney will be prepared to tackle this issue. They know what steps to take to protect your interests and streamline the claims process.
- Determine third-party liability. In cases where a third party’s negligence contributed to the injury, an attorney can help you identify all avenues of compensation and pursue claims against those parties. Doing so may result in additional compensation beyond what workers’ comp provides.
- Help you get a bigger payout. With their expertise and specialized knowledge, workers’ comp lawyers can effectively negotiate settlements and – when necessary – take your case to court to ensure that you receive the best possible financial outcome.
More importantly, with a workers’ compensation lawyer on your side, you will be able to dedicate your time and energy to your medical treatment. This will allow you to get back on your feet as soon as possible and bring a sense of normalcy to your life.
Let us help you
A former insurance defense lawyer, personal injury attorney Tom Wilmowski prides himself on using his inside knowledge of the insurance industry to obtain maximum value — and often more — for his clients.
Why Choose Tom Wilmowski as Your Workers’ Compensation Lawyer?
With hundreds of workers’ compensation lawyers providing their legal service throughout the state of Missouri, choosing a lawyer for your case might feel a little too overwhelming. While it is true that there are hundreds of lawyers who would be willing to take your case, not all of those lawyers are equally good. Tom Wilmowski is not one of those mediocre lawyers who offer poor services or give bad advice. For more than 15 years, Tom has been a trusted advocate for injured workers throughout Missouri and Southern Illinois.
- Proven compensation results. With a proven track record, Tom has secured multiple six-figure recoveries for his clients in workers’ compensation cases, making sure that their financial needs are met.
- Personalized client attention. With the understanding that every case is unique, Tom provides personalized attention to each client he represents. Tom’s philosophy is to handle every case he takes with the care and diligence it deserves.
- Litigation and negotiation expertise. Extensive experience in both litigation and settlement negotiations allows Tom to advocate effectively for his clients. No matter what direction your case takes, Tom has the necessary qualifications to fight for the maximum available compensation under the law.
- Round-the-clock availability. Knowing the anxiety and urgency workers’ compensation cases can provoke, Tom maintains 24/7 availability for his clients, offering them peace of mind and constant support.
For personalized advice and relentless representation from a lawyer who has demonstrated outstanding accomplishments in workers’ compensation cases, reach out to Tom Wilmowski and discuss the specifics of your unique case.
Workers’ Compensation Lawyer Frequently Asked Questions (FAQs)
Knowing how the workers’ compensation system works and what filing a workers’ comp claim entails can improve your chances of securing a favorable outcome and getting the full compensation to which you are entitled.
In this FAQ section, we will address some of the most frequently asked questions our lawyer, Tom Wilmowski, hears from workers injured in St. Louis and other parts of Missouri. However, do not treat the answers to these questions as legal advice as everyone’s situation is unique and requires individual attention from a lawyer.
How does workers’ compensation work in Missouri?
Workers’ compensation provides benefits to employees who are injured on the job or suffer an occupational disease as a result of their employment. These benefits can include medical treatment for the injury or illness, wage loss benefits for certain time away from work, and may cover permanent disability if applicable. To receive these benefits, the employee must follow a specific claims process and meet certain eligibility criteria set forth by Missouri law.
Do all employers have workers’ compensation insurance?
Missouri law requires all employers with five or more employees to carry workers’ compensation insurance under Revised Statutes of Missouri § 287.030. Additionally, construction industry employers are required to carry this insurance if they have one or more employees. Failure to carry workers’ compensation insurance when required to do so can result in severe penalties for the employer.
Does workers’ comp pay for pain and suffering?
No, workers’ compensation in Missouri does not provide compensation for pain and suffering, unlike personal injury cases. As mentioned earlier, workers’ comp focuses on tangible financial losses such as medical expenses and wages lost due to temporary or permanent disability stemming from workplace injury or illness.
What is a third-party lawsuit after a workplace injury?
If a worker is injured on the job due to the negligence or wrongful act of someone other than their employer or co-worker, they may have the right to file a third-party lawsuit against that individual or entity. For example, if the injury was caused by faulty equipment manufactured by another company, the injured worker might sue the manufacturer. This is separate from filing a workers’ compensation claim and can result in additional compensation for damages like pain and suffering.
How do I file workers’ compensation claims?
To file a workers’ compensation claim in Missouri, you must report your injury to your employer as soon as possible, generally within 30 days of the incident. Your employer should then provide you with the necessary forms to file a claim. It is imperative that you seek medical treatment promptly and tell your doctor that your injury is work-related. You may also want to consult with a workers’ compensation lawyer who will help you navigate the workers’ comp system from start to finish.
Tom Wilmowski: Speak with a Trusted Workers’ Compensation Lawyer
Tom Wilmowski, a workers’ compensation lawyer with 15 years of experience serving the community in Missouri and Southern Illinois, has helped hundreds of workers just like you. Tom understands what you are going through and is ready to extend his helping hand to you. If you are ready to start working with a trusted and compassionate lawyer, reach out to Tom’s office today by calling 314-860-1644 or sending us your email.
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