Filing a Workers’ Compensation ClaimMore often than not insurance companies get away with not paying the total amount of injured workers’ medical bills, cheating employees out of their lost wages, and arguing that they don’t owe any money for injured workers’ lump sum payments. Gary Burger and his associates know how insurance companies work, and it is our understanding that an injured worker cannot fully recover for their claim without hiring an employment lawyer who regularly litigates workers’ compensation cases, has a good winning success rate, properly prepares for trial and works with medical experts to support the worker’s claims. If you’ve been injured at work and are looking to file a claim, the workers’ compensation attorneys are prepared to help. Burger Law helps injured workers recover their full benefits under Missouri’s Workers’ Compensation laws. Gary Burger and associates have represented many injured workers to maximize their recovery. Our St Louis workers compensation lawyers personally file claims, fight for medical care, ensure disability payments are timely made, file and try hardship hearings and work with your employer and insurance company to get the benefits to which you are entitled. For any work injury, you get:
- Your medical care authorized and medical expenses paid by your employer.
- Two-thirds (⅔) of your average weekly wage while you cannot work.
- A lump sum (and tax-free) disability payment for permanent partial disability (PPD) or permanent total disability (PTD).
What Steps to Take When You Are Injured at WorkWhen you become injured at work, the injury itself can be the least of your worries. The St Louis workers compensation attorneys at Burger Law are experienced in making sure that the employer respects your rights under Missouri Workers’ Compensation law. Follow these steps to ensure that we can get you the recovery you deserve:
- Provide notice to the employer. Under the statute, this notice must occur immediately after the injury has occurred. Your claim can be weakened if you do not tell the employer right away, although the St. Louis area workers’ compensation attorneys at Burger Law can still work with you if you did not. Tell the employer to fill out a written report of this notice. They have to do this, even if they do not believe you.When providing notice to the employer, make sure to record the name of the supervisors who you reported the injury to. Also, write down the names of any witnesses and their phone numbers or other contact information. Keep track of your days missed from work and out-of-pocket expenses in a log so that your St. Louis workers’ compensation attorney at Burger Law can help get those expenses back.
- Get medical treatment for your injury. Missouri law requires the employer to provide you with medical treatment, but there is a catch – the employer must first authorize the doctor to provide treatment. If the employer has not authorized the doctor to provide treatment, the employer will not pay for that treatment.Once the authorization has been given, the company doctor will decide what treatment you need. Make sure to report all aches and pains to the doctor, because sometimes the doctors who the employer has chosen will under prescribe treatment. The St. Louis area workers’ compensation attorneys at Burger Law specialize in dealing with this problem to get you the treatment you deserve – physical therapy, medications, CAT scans, MRIs, crutches, splints, surgeries, therapy or anything else that will help injured workers make a full recovery.
Workers’ Compensation BenefitsSt. Louis workers’ compensation attorneys at Burger Law have recovered millions of dollars, including benefits for workers’ compensation. There are three types of benefits that injured workers can receive with the help of an experienced workers’ compensation lawyer, like Gary Burger or one of his expert associates:
- Lost Wages: Injured workers are due two-thirds (⅔) of the value of their wages while they are treated for their injuries. If an employer can provide the employee with labor that can be completed while on restrictions imposed by the treating doctor than the employee must perform that newly assigned task until the restriction is lifted. Employers sometimes play games with job assignments for their injured workers by reassigning them to tasks that do not comply with the restrictions. Even worse, workers are sometimes fired for exercising their rights under workers’ compensation laws. Both of these behaviors are illegal. The award-winning trial attorneys at Burger Law know how to deal with these games and will take employers to task for them so that injured workers can get the recovery they are owed under the law.
- Medical Expenses: Missouri law requires that injured workers receive compensation for any medical expenses incurred as a result of workplace injury. As explained above, employers generally have the right to choose the doctor that you will go see. However, the experienced St. Louis area workers’ compensation attorneys at Burger Law have been successful in the past with getting workers treatment by a physician of their choosing for some treatment, including for the more involved procedures, like surgeries. Though it can be a difficult case to make, if you want treatment by your own provider you need to get aggressive representation like that at Burger Law.
- Lump sum: The employer is only required to pay you for lost wages and medical expenses until you reach your maximum medical improvement. When the law says you will not get any better, the employer is no longer obligated to pay you any disability payments. At that point, the employer will offer you a settlement that is intended to compensate you for any diminishment in your capacity to work for the remainder of your life as a result of sustaining workplace injury. Aggressive St. Louis area workers’ compensation attorneys at Burger Law have recovered millions of dollars, including large workers’ compensation settlements. This payment represents the last time the employer will compensate you for your injury, and with one of our experienced trial lawyers on your side, you know you can expect the best possible result: a large payment to help deal with your injury.