Legal Question in Workers Comp in Missouri

Re: Injusred at work

Workers compensation is the exclusivde remedy for injuries that occur at work unless the injury was the fault of some third party (other than you, co-workers or the employer). Thus, workers compensation may be your only source of recovery. I would need to speak with you in order to better evaluate this matter for you. It sounds like you may very well have a viable workers compensation claim. Often, a claim may be denied initially on the grounds that it is due to a pre-existing condition when, in fact, a work-place accident was the true cause of injury or at least an aggravating cause of the injury. I would be happy to help you sort all of this out. Please do not hesitate to contact me if I can be of any help to you.

- James

Please be advised that the choice of an attorney is an important one and should not be bases solely upon advertisement.

Re: Injusred at work

If you were injured at work then the worker's compensation statute is your only legal remedy except in some very limited circumstances. I would strongly suggest that you consult with a worker's compensation attorney. Most will offer a free consultation. If there is legal cause the attorney could help you get the treatment and the payment you deserve under the law. If you do not have an attorney, please feel free to contact me and I will refer you to one of the very best worker's compensation attorneys in the state.

Re: Injusred at work

Dear Sirs:

Please contact our office so that we may discuss filing both cases--your workmen's compensation claim as well as your third party liability claim.

Our firm has been in existence for twenty-seven years and has successfully handled many such cases in the past.

Many thanks,

John C. Wunsch

[email protected]

(312) 977--9900

Re: Injusred at work

Most likely you only have a work injury claim, unless your knee injury was the result of the negligence of some other party.

Your injury is very significant and you need an experienced attorney to help navagate you through the work comp pitfalls. If the insurance company for your employer is already arguing your condition is pre-existing, this likley means you may have to fight to get what you deserve.

Even if you had a pre-existing condition, you can have a viable work injury claim - if the accident at work aggravated your condition. I suspect it most likely did and it seems even your doctor feels it did.

I have handled many such claims where the employer argues pre-existing injuries. I would be happy to help you get what you deserve. Feel free to contact me. If I do not hear from you, good luck!

Re: Injusred at work

Please hire an attorney and do not attempt to resolve all of the issues without the assistance of an attorney trained in the field.

If you needed a root canal, you wouldn't attempt to perform it yourself, but rather you would hire a dentist or oral surgeon for this service. You need to do the same here; to wit, hire a person trained to deal with all of these complex issues.

Re: Injusred at work

You should speak to an attorney at once. Just because the WC doctor says this is not WC related, it does not make it so. Your attorney can file a petition to have your case reviewed immediately and have an arbitrator determine whether the WC insurance must pay or not. Don't take no for an answer... and you can only do that with the help of an attorney.

Without an attorney, you may just roll over and do what they say. None of these people, the adjuster, your case worker, the WC doctor are on your side--ALL of them are in the pocket of the insurance companies because the insurance company is the one paying them.

Get yourself an attorney immediately.

If you need more information or need help in finding an attorney, my office can help you.

I hope this helps-

Nima Taradji

Re: Injusred at work

At this stage you most likely need an attorney, however, the short story is that someone needs to file an "Application for Adjustment of Claim" with the Workers' Compensation Commission and then file an 8(a) Petition for the Arbitrator to order the surgery to be authorized by the insurance company.

The "Act" requires the insurance company to pay for your surgery (no co-pays, no deductibles) and to pay you 66% of your average weekly wage while you are off of work (plus medicines and physical therapy).

You would also be eligible for an award to compensate you for the permanency of the injury, based on the loss of use of your leg, at the end of our medical treatment.

If you hire a lawyer you would have to pay that lawyer most likely 20% of that permanency money.

It is a pretty straight forward situation and it happens to injured workers everyday, a qualified lawyer can get the situation resolved relatively quickly...which for Workers' Comp means about 4-6 weeks.

Let me know if you need more help,

Matt Belcher