Workers’ Compensation laws provide important benefits for people who are injured while on the job. If you were injured at work, you may have questions about whether you may qualify for these workers’ compensation benefits. But receiving benefits may not be as cut-and-dry as it seems. Here are 6 common misconceptions about Workers’ Compensation law in Missouri:
- Most people believe that a pre-existing injury cannot be covered by Missouri workers’ compensation laws.
This is not always true; if you aggravate or worsen a pre-existing injury or condition during a work-related activity, and the injury leaves you unable to work, then the entire injury may be considered work-related.
- Workers’ compensation allows you to receive your regular rate of pay when you are injured.
In Missouri, an employee may receive temporary disability payments of up to two-thirds of his or her average weekly wage after missing three days of work. If the employee is off work more than 14 days, the employee then is paid for the first three days of work missed.
- You can only file a claim if you’re injured on your company’s job site. Any work-related injury can be covered by Workers’ Compensation.
Workers’ compensation includes coverage for injuries that occur while driving to employment-related appointments, while visiting off-site clients, while attending conferences or while engaging in any employment-required activity regardless of the location.
- You can’t file a claim for lung disease, cancer, or hearing loss because you cannot prove these injuries are related to your job.
This is not true. Certain cancers, lung disease, asbestosis, asthma and hearing loss are linked to certain occupations. If you work in one of these occupations, you may have a valid Workers’ compensation claim. Even if you work in another occupation, a Missouri workers’ compensation attorney may be able to help you prove that your injury was caused by your job.
- You are not entitled to benefits if you were at fault for your injury or illness.
Any employee who is injured while working is eligible for Workers’ Compensation benefits. There are, however, two exceptions:
- Any employee who deliberately hurts himself or others.
- And any employee who was under the influence of alcohol at the time of the injury.
- If you are injured on the job, you are limited to the benefits available through Workers’ compensation.
If someone other than your employer is at fault for your injury, you may be eligible for additional benefits including pain and suffering by filing a third-party injury claim against the responsible person or company.
Have You Been Injured On The Job?
If you’ve been hurt at work on the job in Kansas City you need to speak with an experienced workers’ compensation attorney as soon as possible. Please contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.