Workers’ Compensation in Missouri
Every state has a legal framework that incorporates workers’ compensation in case of work-related injuries and incidents. If you work within Missouri, you should have a basic comprehension of Missouri workers’ compensation laws.
Employees that understand the basics of workers’ compensation in Missouri can be better prepared to protect their rights and seek the appropriate benefits. Here is an overview of Missouri’s workers’ compensation policies.
How Does Missouri View Workers’ Compensation?
Chapter 287: Workers’ Compensation Law of the Missouri Revised Statutes is the legal framework that provides financial compensation to workers who become injured or ill due to their job duties in Missouri.
Missouri law requires most employers to have workers’ compensation insurance to cover the medical treatment costs and lost wages for employees injured on the job. This insurance benefits workers who get injured or become ill because of their job duties.
Who Does Workers’ Compensation in Missouri Cover?
In Missouri, most employers must have workers’ compensation insurance. This requirement includes businesses with five or more employees, including part-time and temporary workers. Some types of workers, such as domestic workers, farm workers, and certain types of independent contractors, may not receive coverage from workers’ compensation.
What Injuries and Illnesses Does Workers’ Compensation in Missouri Cover?
Workers’ compensation in Missouri covers injuries and illnesses that arise out of and in the course of employment. Thus, the injury or illness the worker claims must be directly related to the employee’s job duties.
How Do Employees File a Workers’ Compensation Claim in Missouri?
If an employee receives an injury on the job, they should notify their employer as soon as possible. The employer will then provide the employee with a claim form to fill out. The employee should also seek medical treatment and provide the medical provider with a copy of the claim form.
After, the employee should provide detailed information about the injury, including when and where it occurred, as well as any witnesses to the accident. The department will then review the claim and decide whether the employee is eligible for benefits.
What Benefits Does Workers’ Compensation in Missouri Provide?
Workers’ compensation in Missouri provides several types of benefits to injured workers. These benefits may include medical treatment, including hospital and doctor bills, prescription drugs, and other medical supplies. Workers’ compensation may also provide benefits for lost wages, if the employee is unable to work due to their injury.
Also, employees who get temporarily or permanently disabled due to a workplace injury or illness receive these benefits. Family members of an employee who dies because of a workplace injury or illness receive death benefits.
How Is the Amount of Workers’ Compensation Determined in Missouri?
The amount of workers’ compensation depends on the severity of their injury. For example, if the injury results in temporary or permanent disability, the employee may be entitled to higher benefits. The Missouri Division of Workers’ Compensation determines the amount of benefits based on various factors, including the employee’s age, income, and type of injury.
How Long Does a Worker Have to File a Compensation Claim in Missouri?
In Missouri, employees have 30 days from the date of the injury to notify their employer of the accident. The employee must also file a claim with the Division of Workers’ Compensation within two years of the date of the injury. If the employee fails to do so, they may be unable to receive any benefits.
An attorney is the best option if you want to secure more benefits and work through legal challenges in a workers’ compensation claim. Contact us today at Spooner & Perkins P.C. Attorneys at Law if you work in Missouri.
How Long Can Workers’ Compensation Last?
Workers’ compensation insurance provides compensation to employees suffering from work-related illnesses or injuries. If your workers’ compensation claim is successful, you will receive money for medical care, funeral costs, ongoing treatment, and partial wages. And if your workplace injury or illness leads to your death, your family can receive financial benefits.
But how long will the workers’ compensation benefits last? Here’s what you need to know about the duration of worker’s compensation.
Claims process
Once a workplace accident has happened, you have to report it within a specific time frame. Your report will indicate the time and the date of the accident. You should also provide additional details about your injuries and where they occurred. If you win your case, you will be eligible for lost wages and medical costs compensation.
Lost Wages Duration
The type of disability determines the duration of the lost wages compensation. The main types of disabilities are full or partial disability, permanent disability, and temporary disability. While the law limits the duration of temporary disability benefits, there is no limitation on the time of your permanent disability benefits.
Permanent Disability
If your injuries are so severe that you can never return to work, your permanent disability benefits will continue for the rest of your life. However, you must prove that you are completely unable to do any other job. Also, if you apply for social security disability, your compensation amount may reduce.
Temporary Partial Disability
You might miss work for a few days if your injury or illness is minor. And even if you can’t resume your previous job, your employer will typically get another job for you within the same organization.
You will hold on to the temporary position until you can resume your previous job. However, it’s possible to get injuries that prevent you from resuming work for months or even years.
Worker’s compensation usually pays for the difference between your weekly earnings before the accident and your earnings after the accident. The payment continues while you are still in recovery. The state may also limit how long you can continue receiving the partial wages compensation. Once the time limit expires, you will cease to receive lost wages compensation even if you have yet to recover fully.
Medical Benefits Duration
Although lost wages typically have restrictions and limitations, medical benefits rarely expire. As long as you receive authorized medical care, your medical benefits checks will continue arriving. The eventual duration of these medical benefits is difficult to predict.
Every person copes differently with injuries and illness over time. However, the court can terminate your medical benefits if you fail to follow the authorized treatment procedure. You should regularly check in with your physician to prolong your medical benefits. Regular checkups can boost your healing process and help you continuously get medical benefits.
When Can Payments Stop
Worker’s compensation typically includes a weekly check which will continue for the predetermined period. However, you can decide to terminate the payments out of your own will. Alternatively, the judge can order that the payments come to an end. The payments will also stop when you return to your previous work after the injury.
The payments will not just stop without any “Notice of Suspension.” If the insurance company fails to send the notice before suspending workers’ compensation, you can sue the company. Typically, the insurance company will cite a doctor’s report showing that you have fully recovered and can return to work. You may receive this notice even if you have yet to resume your work.
Get Help
Workplace injuries or illnesses disrupt life and lead to lost income. If you want maximum compensation, work with a qualified workers’ compensation lawyer, like Spooner & Perkins, P.C. We will help you gather the required evidence and present your case in court. Contact us to get started.
How You Can Win Your Workers’ Compensation Claim
Insurance companies try to find loopholes to deny you workers’ compensation privileges. Your employer might try to deny your claim using different strategies, such as the claim application deadline.
Most injured workers make simple but expensive mistakes during the claims process. If you’re hurt at work, understand your legal responsibilities and rights. Here are a few tips on how to get the most out of your workers’ compensation claim.
Report Your Injury
Failure to report your injury within the required time may make you ineligible for your compensation claim. Every state has its time span to report an injury. Notify your employer about the injuries for your claim to be officially initiated. You’ll also access better medical care and proper accident investigation if you report your injuries immediately.
Seek Medical Treatment
The medical treatment promotes fast recovery and gives proof of injuries. Medical reports give details about your physical injuries and restrictions, which are useful when you file your claim.
Once you delay getting medical treatment, the insurance company will use the delay to its advantage. They may argue that the injury wasn’t as serious as you claim. Some companies may argue that you were not even injured.
Change Medical Experts
Employees normally receive treatment from doctors provided by insurance companies. The medical experts hired by companies will likely have their best interests in mind. Avoid using the recommended doctor to prevent cases of conflict of interest.
If you do, medical experts might try to minimize your treatments or injuries to reduce the company’s compensation. Change doctors to get proper treatment and the compensation you deserve for your injuries.
Gather Your Evidence
When you file a claim for workers’ compensation, you will need to prove your employer was at fault for your injuries. You’ll need medical records to prove a connection between your injuries or illnesses with your work duties. Medical bill receipts will also come in handy to show how much you spent on your treatment.
Maintain your accident report to help in proving that you made the report in good time. You can also bring witnesses if the documents are insufficient to file your claim successfully.
Understand the Compensation Benefits
Understand the available benefits through the workers’ compensation system. You receive temporary disability benefits when you’re away from work and recovering from your injuries.
The permanent disability benefits refer to your payment for long-lasting physical injury. Medical treatment compensation benefit is the common one that caters to your medical care for all your injuries.
Watch Out for Private Investigators and Surveillance
In case the insurance company questions your credibility, it might hire professionals to follow you around. Investigators will monitor you hoping to find you doing something that contradicts your claim. If they get anything against you, it will affect your compensation settlement. Outside doctor’s offices are the most used sites for surveillance cameras.
They can also ask your neighbors or anyone else who may come to your property about your level of physical disability. While recuperating, always assume you’re under surveillance and follow the doctor’s instructions.
Hire a Workers’ Compensation Attorney
If the insurance company voluntarily pays your claim, you might not need to work with an attorney. Hire a lawyer if the company denies or reduces your benefits, ignores your claim, or makes a settlement offer.
You might find navigating the workers’ compensation system challenging and identifying when to accept a settlement. An experienced workers’ compensation attorney will help negotiate a settlement, represent you at your hearing, and reignite your claim after denial.
Once injured at work, avoid taking up the workers’ compensation journey on your own. At Spooner & Perkins, P.C, we offer a free initial consultation to discuss your options and legal rights. Contact us today for a free consultation.
A Brief Overview of the Workers’ Compensation Program
Workers’ compensation is now a big part of what employees get as a benefit. It keeps them from paying much money if they get hurt or sick on the job. See a brief overview of the history of workers’ compensation in the United States.
Changes in Workers’ Compensation Over Time
Around the turn of the 19th century, New York, Maryland, Massachusetts, and Montana tried to introduce workers’ compensation rights. But, all these states failed after employers went to court to repeal the new laws.
In 1911, the State of Wisconsin was the first to pass a law that helped workers injured on the job. Before workers’ compensation, people who got hurt on the job often had to pay for their own medical care.
In 1916, the Federal Employees Compensation Act became operational. People who worked for the federal government and got hurt on the job received benefits. Other states’ laws borrowed from this act.
In the 20th Century, the United States Congress signed several laws that helped workers. For example, the Employers Liability Act protects employees from being liable for injuries or damages at work. This law also gives employees the right to sue their employers if injured on the job.
The Americans with Disabilities Act is a civil rights law that protects people with disabilities. The law mandates that employers make workplaces accessible to people with disabilities.
These laws created the background for workers’ compensation in the modern era.
Programs for Workers’ Compensation Today
Workers’ compensation is essential to the social safety net in the United States. It helps millions of workers who get hurt or sick on the job. People who get hurt or sick on the job can get the money they need through workers’ compensation.
Each state has its laws about how to handle workers’ compensation. However, they all follow the principles set by the United States Labor Department. The US Labor Department runs four programs.
The Federal Employee Compensation Program (FECP)
When a federal worker gets sick or hurt on the job, the Federal Employees’ Compensation Program helps them. They get help replacing lost wages, medical care, and training for a new job.
Longshore and Harbor Workers Compensation Program
The Longshore and Harbor Workers’ Compensation Program helps people who get hurt while working on the water or in similar jobs. This program provides wage replacement, medical care, and training for a new job.
Black Lung Benefits Program
The Black Lung Benefits Program can help coal miners with pneumoconiosis and their eligible survivors. This program offers benefits like cash payments every month and helps with medical costs related to black lung disease.
Energy Employees Occupational Illness Compensation Program
Workers in the energy industry qualify for the Energy Employees Occupational Illness Compensation Program. It covers workers who get sick because of exposure to dangerous materials. This program offers payments for lost wages, help with medical bills, and death benefits for eligible survivors.
Aside from these four programs, insurance companies get money from employers in the form of premiums. These premiums cover most of the costs of workers’ compensation benefits. Most often, employees don’t have to pay for their injuries or illnesses. But they must tell investigators what happened and how they got injured.
Employees can file an appeal if they disagree with a decision about their compensation. These petitions decide if they can get benefits and how much they should get.
As a worker, you can either sue or accept workers’ compensation in the event of an injury. If you accept workers’ compensation, it will be difficult to take your company to court. Thus, you must consider if the benefits will offer you what you need before you accept them.
Whichever option you take, you should always consult an attorney first. Contact Spooner & Perkins P.C. Attorneys at Law if you live within Kansas or Missouri.
Workers’ compensation may provide compensation for lost wages and medical bills if you get an injury or illness from work. Unfortunately, due to the complexity and confusion of the claims process, workers often make mistakes along the way.
Mistakes can lead to insurance companies or employers denying, delaying, or undervaluing your claim. The following mistakes can affect your claim’s success and the amount you receive.
Failing to Report the Injury
In the event of an injury at work, you should inform your employer or supervisor orally or in writing. For reporting and responding to work injuries, follow your employer’s and state’s policies and procedures.
If you wait to report the injury, you are more likely to have problems recovering benefits. The Workers’ Compensation Commission may discount the severity of your injury or doubt that the accident happened at work, resulting in less compensation than you deserve.
You also risk having your claim denied.
Not Seeking Proper Medical Treatment
No matter how minor your work-related injury may seem, seek medical attention first. You may be able to improve the outcome of your treatment if you receive a quick diagnosis. In addition, treatment may increase your chance of receiving workers’ compensation benefits.
If you delay medical evaluations, your injuries may not be easy to link to a work-related accident. Your employer can argue that the injury happened outside the job or that you worsened your injuries outside the workplace.
Moreover, not seeking treatment may seem like you did not sustain any injury.
Disregarding Your Doctor’s Orders
When you see a doctor after suffering a work-related injury, follow your prescription and schedule appointments precisely as instructed.
Not complying with your doctor could stand in the way of your recovery. Insurers and employers will often argue that you should lose your medical and work benefits if you don’t follow your doctor’s instructions.
If you feel your doctor is not giving you the best advice, ask your workers’ compensation lawyers to help you seek another doctor’s opinion.
Failing to Keep Accurate Records
Keeping accurate and detailed records is crucial to your claim when you suffer a workplace injury or illness.
Keep track of the time you spend away from work due to your condition and any medical expenses you incur. The records you keep will ensure you receive the compensation you deserve.
Being Dishonest About Your Injury
You should be honest about your accident or injury with all parties involved, including your supervisor, doctor, and the insurance company.
Trying to increase your benefits by exaggerating your injury can backfire and result in a denied claim. A downplayed injury could also result in insufficient compensation.
Falsifying material facts may not only hurt your compensation claim but may also result in jail time.
Hiding Facts from Your Attorney
Your lawyer’s job is to ensure that you receive a fair settlement. To reach a successful settlement, you should tell your lawyer all the information related to your case, whether good or bad.
Do not leave out any details, no matter how tiny. The list includes prior injuries, current medical conditions, previous legal issues, financial difficulties, prior alcohol or drug use, employment history, or anything else your employer’s insurance company can use against you.
Keep in mind that your workers’ compensation attorney is fighting for you, and they cannot defend against something they are not aware of.
Signing Documents Without a Lawyer
You should always consult a lawyer before signing any documents from your employer or workers’ compensation provider. Once you sign your name on any settlement offer, you agree not to pursue any additional benefits.
Therefore, if your condition worsens after accepting the settlement offer, you may not be able to obtain additional benefits.
If you suffer an injury on the job, speaking with an attorney may be helpful. By working with a trusted attorney, you can avoid the mistakes above and make the process as smooth as possible.
For more information about workers’ compensation benefits or if you need a trusted lawyer, contact us today.
When To Hire a Workers’ Compensation Lawyer
In 2021, more than 2 million US workers suffered non-fatal work-related injuries and illnesses. The severity of these injuries can vary widely depending on the type of work done. Workplace injuries can result from overexertion, distractions, fatigue, violence, slip and fall, and poor housekeeping. The most common injuries suffered in a workplace setting include sprains, fractures, severed limbs, burns, cuts, lacerations, and back pain.
If you’re a workplace accident victim, the law entitles you to workers’ compensation. The compensation covers all expenses incurred due to job-related injuries or illness. The monetary reimbursement covers both economic and non-economic damages. These may include medical bills, lost quality of life, loss of earning capacity, pain, and suffering.
While the process of getting the compensation might appear straightforward, you’ll need a workers’ compensation attorney to navigate it. The attorney will collect evidence, prove your claim and negotiate to get you the right compensation. But you may wonder if your case calls for a workers’ compensation lawyer. If you’re in one of the following situations, you should hire one.
Your Employer Denies You Compensation
Your employer or insurance companies can deny you compensation for various reasons. One common scenario is when you suffer a minimal injury and don’t report it. If such injury goes unreported but worsens over time to affect your daily life and job, your employer or insurance can deny or delay compensation.
If your employer dismisses your claim citing legal reasons, hire a reputable lawyer to defend your rights. The attorney will investigate your case and offer the best legal representation with your best interests at heart. If the at-fault party doesn’t cooperate to ensure a reasonable settlement, the attorney may opt for a trial to get you the deserved compensation.
You Suffer Life-Altering Injuries
Workplace accidents can cause simple injuries such as scratches or minor cuts that only take a few days to heal. However, in severe cases, these accidents can lead to severe and permanent injuries such as limb loss, brain or spine injuries, or severe burns. Such workplace injuries can cause partial or total disability, negatively impacting the victim’s life.
Besides these injuries being life-changing, they can be very expensive to treat. As the victim, you should get the right compensation to cover medical expenses and other lasting damages. Such a claim can be worth significant compensation, and your employer might not be willing to pay. In such a case, you’ll need the right legal representation.
The right workers’ comp attorney will determine the accurate value of your claim and have solid evidence to prove the amount. The lawyer can ensure you get decent compensation that reflects all present and future damages resulting from the workplace accident.
You Get Low Compensation
While your employer may agree to compensate you for the injuries, they might offer a settlement that is too low. Such compensation may fail to cover the medical bills, lost wages, travel costs, and other losses related to workplace accidents. If your employer claims they have adequately compensated you but you have to pay for some expenses out of your own pocket, talk to a reputable workers’ compensation lawyer.
By working with the right attorney, all your bills and expenses are covered in the settlement. With adequate compensation, you can take care of all your financial needs for the time you won’t be working or earning.
Workplace accidents can happen to anyone. If you’ve suffered a workplace-related injury or illness, hire a worker’s compensation attorney as soon as possible. The attorney will guide you through the entire claim process to guarantee fast and favorable results. Contact Spooner & Perkins, P.C., for a free evaluation of your case.
Few things are as overwhelming as being injured on the job. In addition to the physical pain and distress, you may also face sky-high medical bills, lost wages, and the stress that arises from a workers’ compensation claim.
Fortunately, a workers’ compensation lawyer can be a great asset in your case. They will know the ins and outs of workers’ compensation and can help guide you through the process. Understand how a workers’ compensation lawyer can help you get the benefits you deserve.
A Lawyer Will Assess Your Case
A workers’ compensation lawyer will do is assess your case. They will look at the facts that surround your injury and determine whether or not you have a valid claim.
If they believe you have a strong case, they will help you gather the necessary evidence and documentation to support your claim. The case assessment is important because it will help you and your lawyer understand what benefits you are entitled to and how much your case may be worth.
A Lawyer Will Help You Navigate the System
The workers’ compensation process can cause confusion and frustration. A lot of rules and regulations can make the process seem strenuous.
If you’re not an expert, making a mistake that could cost you your claim can be easy. A good workers’ compensation lawyer is familiar with all you need to know and can help guide you through it. They will handle all the paperwork and communicate with the insurance company on your behalf.
They will also help you understand the complex process while being your advocate and fighting for your rights every step of the way.
A Lawyer Will Protect Your Rights
In some cases, the insurance company may try to take advantage of you. They may try to get you to settle for less than what you deserve or pressure you to return to work before you’re ready.
A workers’ compensation lawyer will protect your rights and make sure that you receive fair treatment throughout the process. They will be your advocate and fight for the best possible outcome in your case.
A Lawyer Will Represent You in Court
While very few workers’ compensation cases go to trial, have someone who is prepared to fight for you in court. When you take your case to court, the process can be a long and expensive process, but if you have a strong case, this may be the only way to get the benefits you deserve.
If your case does go to trial, your lawyer will be by your side every step of the way. They will help you prepare for court and present your case in the best light possible. This ensures that you have the best chance possible at a favorable outcome.
A Lawyer Will Handle the Appeal Process
If your claim is denied, you have the right to appeal. The appeals process can cause a lot of confusion and seem more complicated than the initial claim.
A workers’ compensation lawyer will help you navigate the appeals process and give you the best chance to get your claim approved. They will handle all the paperwork involved in the appeal process and help fight for your rights.
Therefore, a good workers’ compensation lawyer will fight to get you the benefits you deserve. They will work tirelessly to negotiate a settlement that covers all your losses, including pain and agony, lost wages, and medical bills.
If you’ve been injured on the job, don’t try to navigate workers’ compensation on your own. To ensure you get full compensation, seek expert assistance from Spooner & Perkins Attorneys at Law. We will provide you with an attorney who will immediately help you get started on your claim. Contact us to get the benefits you deserve. Let us fight for you!
You Need Chiropractic Care
First, confirm that you need chiropractic care before starting the sessions. Chiropractic treatment mainly targets problems in the musculoskeletal and nervous systems. For example, a chiropractor may help you deal with:
- Lower back pain
- Anxiety headaches
- Neck pain
The treatments involve manual or physical manipulation of the affected body parts. Thus, worker’s compensation might be reluctant to approve your treatment if it seems to fall outside chiropractors’ scope of treatment.
You Got Your Doctor’s Approval
Some people view chiropractic care as alternative medicine. However, most of the medical community has accepted the role of chiropractic care in managing certain health conditions. In many cases, you need a combination of medical and chiropractic treatment to treat musculoskeletal and nervous problems.
As such, you can strengthen your claim for chiropractic treatment if you get your doctor’s approval for the same. In fact, your doctor may refer you to a chiropractor, and you can use the referral to get worker’s compensation benefits for the treatment.
You Kept Worker’s Compensation in the Loop
You should always ensure worker’s compensation has your latest treatment records. The updates you forward to worker’s compensation should include your chiropractic treatments. That way, you prove to worker’s compensation that you have nothing to hide and your need for chiropractic treatment is above board.
In some cases, worker’s compensation may have to approve your chiropractic treatment first. Provide worker’s compensation with all the documentation they need and cooperate with them to get the treatment you need.
Your Health Has Improved
Worker’s compensation is typically reluctant to pay for unnecessary treatment. Unnecessary treatment does not help you recover from your work injuries. Worker’s compensation might classify your chiropractic treatment as unnecessary if your condition does not improve after multiple sessions.
Thus, one way to get benefits for future treatments is to prove how the past sessions have helped your injury. Documentation on your recovery process may help. Otherwise, the worker’s compensation department might argue that you don’t need further treatment sessions because they don’t help you.
You Got Consistent Treatment
Consistency is a huge deal with medical treatment. For example, you should always:
- Attend all follow-up consultations
- Take your medicine as the doctor prescribed
- Avoid food or drugs that your doctor prohibits
The same is true with chiropractic care; you must follow your chiropractor’s advice to the letter. In particular, you should prove that you have not skipped any of your sessions. For example, you might struggle to prove the need for further chiropractic care if you skip some sessions. The rationale is that the treatment is not that useful or necessary if you can skip them.
You Have Not Exceeded the Prescribed Visits
Worker’s compensation limits chiropractic treatment sessions you may get for your work injury. The predetermined limits are usually adequate for most issues that chiropractors handle. You will have an easy time with the insurance company if you keep your treatment within the preset limits. Do not exceed the limits without worker’s compensation approval.
Hopefully, you will get the compensation you need for your work injury. An experienced worker’s compensation lawyer can help you gather the relevant proof and maximize your benefits. Spooner & Perkins P.C. Attorneys at Law has been active in the worker’s compensation industry for decades. Contact us for a consultation to review your case and determine how to proceed.
Workers compensation insurance protects Americans against injury, financial suffering, and job loss from incidents and accidents at work. But what about when you’re driving in situations related to your work? This area of workers compensation law can be confusing, as it includes a number of exceptions and inclusions.
To help you understand your personal coverage, here are a few key answers to your questions about workers compensation and work-related travel.
Is Your Commute Covered?
As a general rule of thumb, the commute to and from your workplace is not covered under workers compensation policies. This is often called the going and coming rule, and it stipulates that covered injuries must arise out of employment or in the course of employment. Personal travel, even to or from the workplace, generally doesn’t fit either guideline.
However, as with many facets of travel related to work, there are exceptions to this rule. These are cases when the commute is considered to be a part of employment. For example, a commute in a company vehicle may be deemed to be part of a person’s business activity and therefore eligible for coverage.
Is Driving During Work Covered?
In general, travel done at the employer’s request is a covered activity. This includes both full-time drivers such as transportation crew and bus drivers as well as those who may drive only at select times. In this case, the driving arises out of your employment and is done in the course of employment.
This provides another major exception to the rules regarding a commute. Consider an employee who travels between two of their employer’s retail stores during their shift. In this case, the commute between the two locations is for the employer’s benefit and happens while they are on the clock. So it is likely covered by workers compensation. You may even be covered if you’re commuting to a temporary work location.
Is a Work Errand Covered?
What if your employer asks you to pick up doughnuts or drop off a company package at the post office on your way home? These work-related errands will often qualify as covered travel as well. They are part of an exception known as being sent on a special mission. The mission may simply be to pick up a cake for an office party, but it’s done at the request of the employer and for the employer’s benefit.
The situation may be murkier if the work errand is done while traveling to or from work, though. The total trip may only be partially covered as part of your employment with the rest (after dropping the package in the mail) may be considered your normal commute. This may be subject to case-by-case decisions.
Is Other Travel Covered?
Driving isn’t the only work-related travel today’s employees do, of course. What coverage do you have if you’re flying on a business trip, taking the train to a client meeting, or representing your employer at a multiday trade show? As with driving at the employer’s request, business travel is generally considered covered by workers compensation.
This is one of the biggest exceptions to the going and coming rule because all your activities are more likely to be covered throughout your business trip. This includes even what would normally be considered personal activities such as dining out, relaxing in the hotel spa, or driving to the airport.
Where Can You Learn More?
Work-related travel and workers compensation coverage can have many nuances and depend largely on the specifics of each travel situation. The best place to find out whether or not you’re covered in the event of an accident is to meet with Spooner & Perkins P.C. Attorneys at Law. We’ll help you determine whether you have a case for workers compensation and find the right next steps. Call today to learn more.
Get First Aid
Most workplaces have at least one employee trained in first aid for accident response purposes. Your workplace should also have a first aid kit. Immediately after an accident, have someone do first aid on you. First aid can prevent an injury from becoming worse, so have a trained colleague administer first aid immediately after the accident.
Seek Medical Treatment
Although the injuries you may have sustained may seem minor, they may become worse if left untreated. After an accident, you may also have underlying injuries that you don’t know about, so visit the doctor for a check-up. A doctor can verify the extent of your injuries and give you a medical report of your injuries. That report will come in handy when you file for compensation.
Have a colleague accompany you to the hospital. They can be a witness if you decide to claim compensation.
Report Your Injuries
Reporting your injuries gives you credibility and will be important if you decide to file a compensation claim. Report your accident to your colleagues if you were working alone when it occurred. This is important because your employer and other insurers may dispute your claim if there is an investigation.
A corrupt employer may pressure your colleagues to deny the incident. Therefore, you should also report your accident in the accident book. Some employers avoid reporting accidents in the accident book because of workplace-accident reduction targets. Therefore, you must take it upon yourself to ensure your accident is on the company record. If your employer refuses to record your accident, write or email them so there’s evidence that you tried to report the accident.
Another party you must report your injuries to after a workplace accident is your manager. In many workplaces, reporting an accident to your superior is required in the staff or procedure manual, so failing to report your accident to your supervisor could be considered a breach of work protocols.
A workplace accident attorney can help you establish whether your employer neglected their duty to protect you from and record any injuries at the workplace, which can strengthen your claim.
Take Photos and Videos
When you report your injuries, a dishonorable employer may try to discredit your claims. Therefore, photo and video evidence are crucial in a workplace-accident compensation claim. Take photos and videos of the accident site if your employer will not penalize you for it. Additionally, have photographic evidence of your injuries. Ensure all your photos and videos have dates to prove you took them on the day of the accident.
Ask a Colleague to Look Out for You at Work
While you are away recovering from your injuries, your employer may try to cover up what happened. Ask a trusted colleague to update you on any changes that may happen at your workplace and record the facts of the accident.
Record Your Injuries and Treatment Expenses
If the nurse or doctor did not record your minor injuries when you got to the hospital, you might have difficulty attributing them to the accident. Remember to maintain an updated record of all your symptoms from the day of the accident to prove your claim. Additionally, record all treatment expenses so you can file for compensation on them in your claim.
If you have been in a workplace accident, the attorneys at Spooner & Perkins, P.C., can help. Contact us today for a free case assessment, and if you need further legal representation, we will be there for you.
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1201 East Street
Parkville, MO 64152
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