Legal Question in Workers Comp in Missouri

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I had surgery last wednesday (Jan. 24th) and it was an injury from work. I didn't receive any pay from my workplace for the day I had surgery because I didn't come in to work anytime that day. I had to be at the hospital at 6:00 am that morning and my shift doesn't start until 6:30 in a town 30 minutes away. Am I not supposed to be compensated for the day that I was not there? I worked the whole day the next day so I could get paid before I found out that my dr. wrote out on my work restrictions that I was only to work half a day. I didn't see that paper until later the following week. I thought workmans comp was supposed to help with lost wages. And what about the day I was only supposed to work half a day and ended up working a full day? I would really like to know. Thanks


Asked on 2/04/07, 2:53 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: questions

If you were injured on the job and your injury required surgery then you need more legal advice and service than just an answer about one day's pay. Please contact me and let me refer you to an attorney who is a worker's compensation expert. He will explain all of your legal rights to you and then you can decide what to do. He will not charge you any fee to consult with you, and if it turns out that you decide to hire him, he will take a contingency fee out of a settlemment or recovery made on your behalf. You will not have to pay him an attorney's fee out of your own pocket.

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Answered on 2/04/07, 11:27 pm
Rian Ankerholz Ankerholz and Smith

Re: questions

The Missouri Workers' Compensation Act does not require compensation to be paid for only one day of work missed. The applicable statute is attached. You should consult an experienced workers' compensation lawyer.

287.160. 1. Except as provided in section 287.140, no compensation shall be payable for the first three days or less of disability during which the employer is open for the purpose of operating its business or enterprise unless the disability shall last longer than fourteen days. If the disability lasts longer than fourteen days, payment for the first three days shall be made retroactively to the claimant.

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Answered on 2/05/07, 10:04 am


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