Legal Question in Personal Injury in Missouri

Worker Compensation

I hurt my ankle a job 6-7 months ago i thought it was just a twisted ankle. I went to the doctor becouse I still have painin that ankle today. I have a torn legiment and need surgery. I did report this to my manager at the time but he did no paperwork and I never heard anything further ince I opted not to go to the doctor-mostly due to I had a temporary position and in traning they told us point blank not to ''get hurt'' because we wold be ''work completed'' ie-fired. Am I pretty much screwed or do I have any recouse-since there was no paperwork done, I assume my manager would claim I never notifed him-because of past experiences with him. Thanks in advance.


Asked on 1/06/09, 11:40 am

2 Answers from Attorneys

Spencer Farris The S.E. Farris Law Firm

Re: Worker Compensation

No, if you reported it, you are not completely out of luck, but you do need to contact an attorney. There is a time limit to file a workers' compensation case, and you must file within the time frame, or your claim will be forever barred.

The difficulty in your case will be proving that your injury was caused at work, and not somewhere else in the 6 months that have passed by. Employers are required to file reports of injury, even if you don't need immediate medical attention. The employer can not fire you for exercising your workers' compensation rights, but it is difficult to prove that they fired you because you did.

Contact an attorney who represents injury victims soon.

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Answered on 1/06/09, 11:51 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Worker Compensation

I can not provide you with any legal advice concerning your question, although I would like to refer you to a colleague of mine who is THE worker's compensation expert in my opinion. He would be willing to give you a brief consultation for no charge, and will help you to determine if you should proceed to file your claim. The previous post by Spencer Farris is fine, and you might also consider consulting with him. Please feel free to contact me if you would like the contact info for my colleague, and no matter what you decide to do, good luck.

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Answered on 1/07/09, 11:18 pm


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