The Biased Workers’ Compensation System
As a worker who has been injured on the job, you may be surprised to learn that the workers’ compensation system is heavily biased against you. The employer and their insurance company hold a significant advantage, and they will use every tactic at their disposal to deny or minimize your claim. This is why it’s absolutely critical that you have aggressive legal representation to fight for your rights and ensure you receive the full benefits you are entitled to.
In a recent case we handled, the employer filed a blatantly false answer denying every aspect of the worker’s legitimate claim, even before they had any information about the extent of the injuries. This is a common tactic used by employers to try to intimidate injured workers into giving up on their claims. They know that if the worker doesn’t respond properly, they can get the claim dismissed. But with an experienced workers’ compensation attorney on your side, we won’t let them get away with this kind of underhanded behavior.
The Employer’s Advantages in Workers’ Comp
In the workers’ compensation system, the deck is stacked against the injured worker in several key ways:
- Employer Chooses the Doctor: Normally, you would expect to have the right to choose your own doctor when you are injured. But in workers’ comp, the employer gets to select the doctor who will evaluate and treat your injuries. These doctors often have a financial incentive to downplay the severity of your injuries and clear you to return to work as soon as possible, in order to keep the employer happy and continue receiving referrals.
- Employer Chooses the Surgeon: If your injuries require surgery, the employer gets to choose the surgeon who will perform the procedure. Again, these surgeons have a vested interest in keeping the employer satisfied, which means minimizing the extent of your injuries and getting you back to work quickly.
- Employer Denies Everything: As we saw in the example case, employers will often file a blanket denial of every aspect of the worker’s claim, even when the injuries are clearly work-related. This forces the worker to fight an uphill battle to prove their case, rather than the employer having to justify their denial.
The bottom line is that the workers’ compensation system is heavily tilted in favor of the employer. They have all the power and resources, while the injured worker is left to navigate a complex legal process on their own. That’s why it’s so important to have an aggressive, experienced workers’ comp attorney fighting in your corner.
The Benefits You’re Entitled To
When you are injured on the job in Missouri, the law entitles you to three key benefits:
- Two-Thirds of Your Wages: While you are off work recovering from your injuries, the employer is required to pay you two-thirds of your average weekly wage. This is meant to help replace the income you are losing due to your inability to work.
- 100% of Authorized Medical Expenses: All of your medical expenses related to the work injury, including doctor visits, surgeries, physical therapy, and more, must be fully covered by the employer’s workers’ compensation insurance.
- Lump Sum for Permanent Partial Disability: If your injuries result in permanent impairment, you are entitled to receive a lump sum payment to compensate you for that disability. The amount is calculated based on the severity of your injuries and the impact on your future earning capacity.
These benefits are your legal right as an injured worker. But the employer and their insurance company will do everything they can to avoid paying you the full amount you deserve. That’s why it’s so important to have an attorney who will fight aggressively to protect your rights and maximize your compensation.
The Importance of Aggressive Representation
When you are dealing with a workers’ compensation claim, you are up against a well-oiled machine of insurance adjusters, defense attorneys, and company-selected doctors – all of whom have a vested interest in minimizing your claim. They will use every trick in the book to deny, delay, or underpay your benefits.
That’s why it’s critical to have an experienced workers’ compensation attorney on your side who is willing to go to the mat and fight for you. At our firm, we have been handling these types of cases for over 30 years, and we know all the tactics the defense will use. We won’t let them bully you or cheat you out of a single penny you are rightfully owed.
Unlike some other firms that may advertise for workers’ comp cases but rarely take them to trial, we are always prepared to go to a hearing and present your case before a judge. We have the skills, knowledge, and tenacity to stand up to the insurance companies and win you the maximum compensation possible.
How We Fight for You
When you come to our firm with a workers’ compensation claim, here’s what you can expect:
- A Personal Consultation: I will meet with you one-on-one to thoroughly review the details of your case and understand the full extent of your injuries and how they have impacted your life. This allows us to develop the most effective legal strategy.
- Aggressive Advocacy: We will immediately file a strong response to any denials or attempts by the employer to minimize your claim. We won’t back down – we’ll fight tooth and nail to get you the benefits you deserve.
- Careful Selection of Doctors: While the employer gets to choose the initial treating physician, we will work to get you evaluated by independent medical experts who can provide an objective assessment of your injuries and limitations.
- Thorough Preparation for Hearings: If your case goes to a hearing before a judge, we will leave no stone unturned in preparing your case. We’ll gather all relevant evidence, line up expert witnesses, and ensure you are fully prepared to testify.
- No Fees Unless We Win: You don’t pay us a dime unless we are successful in securing benefits for you. Our fee is a percentage of the compensation we recover on your behalf.
The workers’ compensation system is designed to be complex and intimidating for injured workers. But with an experienced attorney like myself in your corner, you can level the playing field and get the justice and compensation you deserve.
Don’t Let Them Cheat You
If you have been injured on the job in Missouri, don’t try to navigate the workers’ compensation system alone. The stakes are too high, and the deck is stacked against you. Call my office today at 314-628-9999 to schedule a free consultation. I will personally meet with you, review your case, and let you know if I believe we can win. And remember, you don’t pay a dime unless we recover benefits on your behalf.
Don’t let the employer and their insurance company cheat you out of the compensation you are rightfully owed. Fight back with an aggressive workers’ compensation attorney who will stand up for your rights and maximize your recovery. Call me today, and let’s get started on winning your case.
