Legal Question in Workers Comp in Missouri
i was injured at work had a cable break on our truck and almost broke my arm i went to the hospital the x-rays show no broken bones they gave me a note for work but failed to put in there how much time off of work so workman's comp called me and told me go back to work today i told them that im on a narcotic and in lots of pain still and was not suppose to drive per Dr orders the lady told me that im not suppose to drive not that i couldn't drive and if i felt like i couldn't drive because of meds just take them at night and go back to work i had refused so i called the hospital back and told them what was going on and they told me they were sry that they forgot to put that in the note and told me under no circumstance stop taking the meds as directed by the Dr and they would amend the dr's note and put in there no work in-tell a fallow up visit with my Dr then i gave that note to them they refused to acknowledge the amended Dr's note and told me they will not pay me for 2 of the days i was off work but the will pay me for 3 of the days so i had some sick days i used to to get a full 40 hrs then on fri the only day i could get in to see my Dr he told me very extensive nerve damage and bruising of my left arm and gave me two more days off of work with a note and gave me some different meds to take now it's the next week and im still on the meds that are very strong and make me very tired and dizzy the pain is still unbearable i called workmans comp told them i need to go back to the Dr they told me they will send me to a specialist this was 2 days ago and i still have not heard from them i go back to work tomorrow still on the meds my Dr gave me i can not use my left hand at all without major pain what am i suppose to do now ? i feel workmans comp is giving me the run around. do i drive on these meds im taking ? do i go back to work ? they wont pay for me to go back to my Dr. i have already lost money from this and i am not getting any answers from anybody
2 Answers from Attorneys
Hi. I am a Missouri injury attorney that focuses my practice primarily on workers' compensation claims and other personal injury cases and handles claims in most parts of the state.
Under the workers' compensation laws in Missouri, you are entitled to three forms of benefits. First, you are entitled to payment of all medical expenses necessary to treat your work-related injury. Second, you are entitled to payment for the time you miss from work for treatment, or for recovery. Third, you are entitled to a lump sum settlement, if you have any on-going or longer-term problems resulting from your injury.
The workers' comp. process can be frustrating, and you have to remember that the insurance company for the employer has a business incentive in minimizing the amount that they pay for your treatment. There are various benefits that you should receive, and you need to make sure your rights are properly protected.
Often, a formal Claim for Compensation will need to be filed in order to protect your ability to receive the compensation that you are owed, due to your injury. A few more details would be needed to determine if a Claim should be filed at this time. There are other ways to ensure that you are receiving appropriate medical treatment as well.
For your convenience, I can be reached via e-mail at [email protected]. Thank you.
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.
The above response is very good. However, if you do not have an attorney you may want to speak with more than one attorney before deciding which attorney you would like to represent you and help make sure that you get everything that you are entitled to under the law. I can refer you to one of the very best worker's compensation attorneys in the state. Please feel free to contact me for his information.
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