Legal Question in Workers Comp in Missouri

''Working while disabled''

this is my story, I am disabled and was working on a part-time job. I recieved a back injury while bending over a sink while washing dishes. I did not report the injury right away because I thought it would resolve on it's own.

after I reported the injury, the employer's attorney denied my claim by saying that I violated permanent restictions. (IE, no sustained bending or stooping).

There was an initial meeting, the next one is to be a mediation. How do I pursue this case?? I only worked for a few months on this job.

I cannot get an attorney.


Asked on 2/03/06, 2:35 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: ''Working while disabled''

Why do you say that you can not get an attorney? Is it because the employer threatened you? The law says that the employer can not fire you for pursuing a claim for compensation, and you are apparently already doing that. Perhaps they just don't want you to obtain expert legal advice and representation so that they will have to pay what the claim is really worth. By the way, even if they did fire you, it seems to me that there must be other jobs out there where you could wash dishes. (I had several dish washing jobs in my day!)

Or, do you say you can not get an attorney because you believe that you can not afford one? If so, you are mistaken. Attorneys who handle worker's compensation cases do so on a contingency fee basis, and do not get paid out of your pocket. They get paid out of the final recovery they make for you, and their fees are limited by statute. An honest attorney will consider and advise you whether you will wind up with more money even after the attorney's fees are paid before taking the case.

Please feel free to call me and I can refer you to one of the very best worker's compensation attorneys in the state!

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Answered on 2/03/06, 11:42 am


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