Claim For Compensation
With offices in Columbia, Lear Werts LLP represents injured workers throughout Missouri in proceedings involving claims for compensation. Claims for compensation may be filed by injured or disabled employees or their dependants who have not been properly compensated for a work-related injury or the loss of a family member. Our attorneys understand that the denial of full benefits can not only lead to financial hardship, but also feelings of frustration and anger toward one's employer and the government. As our client, you can be confident that we will fight for your rights as an employee, making sure that you receive the full of amount of benefits to which you are entitled under the law.
Filing a Claim for Compensation
If you have not been properly compensated for an injury, disability, or death that resulted from a workplace incident, you may file a claim for compensation with the Division of Workers' Compensation. However, before filing a claim, you must first make a report of injury to the employer in a timely manner. Please see our report of injury page for more information about reporting deadlines. Once the claim for compensation is filed, a contested case proceeding begins. During this proceeding, an administrative law judge has the authority to decide the issues in dispute and make either a temporary or final decision regarding the claim. The decision of the administrative law judge is called an award, which is similar to a judgment in circuit court, even if no compensation is actually awarded.
- Within two years after the date of the injury or death
- Within two years after the last benefit payment was made on account of the injury or death
- If the employer does not timely file a report of injury with the Division, within three years from the date of injury or death, or from the date that the last payment was made
Attorneys at Lear Werts LLP understand that not every client who is entitled to additional benefits is comfortable with going through the hearing process. We will discuss your options with you and help you make the best decision for you and your family. In many cases, we can negotiate a settlement agreement, and your case will not go to trial. However, in some cases, the presentation of evidence, expert opinion, and medical records may work to support your claim and allow you to obtain additional compensation for your injury or disability. Whether through settlement or a hearing, we will always put your needs and goals first, allowing you to focus on your recovery while we ensure that your rights are protected.
Seek Experienced Representation
If you feel that your employer or its insurer has not properly compensated you for a work-related injury, illness, disability, or death, please contact Lear Werts LLP today for a complimentary consultation. Our attorneys possess the experience and legal acumen to obtain the full amount of benefits to which you are entitled under Missouri law.