Legal Question in Workers Comp in Missouri

My husband got hurt at work and injured his leg. He is not able to bare weight for long periods of time nor climb. Considering his job requires a lot of lifting, climbing, and straining I am concerned for him. He went to the dr and was told he can go back to work with no restrictions. He climbs up to 40 feet in the air and refuses to go back to work because he is affraid he may fall off a ladder or scaffeling and get hurt worse or even die! Does this mean that his wages will not be paid if he is not going to work even though he has been released to go back with no restrictions? He has a torn collateral legiment in his leg very close to the knee!

Asked on 11/14/11, 2:45 pm

3 Answers from Attorneys

M. Scott Montgomery the montgomery law firm llc
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His employer is not going to pay him if he is not working. It is very possible that he is entitled to temporary benefits and a settlement for a permanent partial disability through the worker's compensation system.

Your attorney can send your husband to another doctor for a second opinion regarding the work restrictions and to provide a rating for a settlement.

Please feel free to contact our firm for additional free advice toll free at 877-444-1005 or by email at scott@montgomerylaw.org. We could represent you on a contingent fee basis.

Thanks.

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11/14/11, 4:50 pm
Michael Harvath Harvath Law Offices-INJURY case representation
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Hi. I am a Missouri-licensed attorney out of the St. Louis area that focuses my practice almost exclusively on work injury and accident-related injury claims. We handle workers' compensation claims throughout the entire state of Missouri. I am sorry to hear about the injury your husband sustained, and I am well aware that the workers' comp. process is frustrating and confusing.

Our office works with numerous physicians and specialists that we typically send clients to, in order to receive a "second opinion". If your husband is having continuing pain, weakness, and other restrictions in his leg, there is a strong chance that another physician would potentially find him unable to work, at least at the present time. Once a "second opinion" is obtained, that medical opinion can be presented to the insurance company and a workers' compensation attorney can argue to try to get your husband compensation, even though he is unable to work. Under the workers' compensation laws in Missouri, he is entitled to a percentage of his normal wages if he is unable to work due to an injury.

Our office handles work injury claims on a contingency fee basis. This means that there is no required payment up-front, or for a consultation. The legal fees are simply a percentage of the overall amount recovered for your husband. If he has on-going disability in his leg, he could be entitled to a fair amount of compensation, so long as the correct process is followed.

In any event, I can be reached day or evening at (314) 471-5585. For convenience, I can also be e-mailed directly at mth2000@yahoo.com.

I hope this helps, at least to some extent.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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11/15/11, 8:12 am

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