Legal Question in Workers Comp in Missouri

I was injured at work but they never had me fill out papers of any kind. Since they wouldnt send me to a doctor I went to see my own. He did surgery on my hand right away. After being at work for about 2 months after surgery I still have problems with my arm. I told them this at work. They decided to force me to take a leave of absence. What can I do?


Asked on 7/30/09, 1:59 am

1 Answer from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri injury and workers' compensation attorney that handles claims throughout the state. Additional details would be needed to provide an accurate response to the question of whether there is a possibility of haveing your claim go through workers' compensation retroactively (after the fact-since you already had surgery). In some instances, an employee is permitted to select a physician of their own choosing, if the employer does not refer you to a physician. One issue which is rather important here is whether you provided proper notice of your injury to your employer. Notice can be given orally, though doing it in writing is a better practice. If the employer was notified only orally, you can see how it might be easy for them to now claim that you never informed them of your injury, so they did not refer you because they didn't know about it. How did you inform them of the injury? Were there any witnesses who would know that you did tell them about the injury? Also, how long did you wait before you went to your own physician? Answers to a few of these questions would be needed to determine how to make the best argument for you to get the benefits that you are entitled to through the workers' compensation system, including payment for any continuing treatment that may be required. My e-mail is [email protected].

NOTE: This answer is for educational purposes only 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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Answered on 7/30/09, 2:36 am


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