How Do I File a Claim for Workers' Compensation in St. Louis?
Employment Workers' Compensation Employment Employment Employee Rights
Summary: Before you accept any settlement, it is crucial to have a professional verify that you are receiving fair compensation for your work-related injuries.
Workers' compensation is insurance coverage that a company or business has to carry if one of their workers sustains an injury while on the job. If you are hurt at work, that does not necessarily mean that your employer is responsible for your injuries. There have to be specific conditions in place for you to file a workers’ compensation claim.
To make a claim, you must be injured while performing under the scope of your employment. For example, if you are a machinery cutter and you accidentally hurt yourself on one of the machines during work, you are generally entitled to workers' compensation.
If you are injured while performing your work duties, then you have to file a claim in order to collect workers' compensation. How you file the claim is imperative to receiving all that you are entitled to. Don’t make the mistake of thinking that just because you can’t sue your employer over your injury, you don’t need the help of an attorney. To make sure that you receive fair compensation for your injuries, it is always best to have a St. Louis workers' compensation lawyer help guide you through the process.
Once you file a claim for workers' compensation, you will typically have to appear for a pre-hearing. The pre-hearing is where you will testify before an administrative judge to describe the events related to your claim. The pre-hearing request must be completed, and a notice of pre-hearing is then sent out to all relative parties. A pre-hearing is requested when:
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Parties involved in the claim want to present a settlement offer or agreement to be approved.
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There are disputes that have to be resolved for the workers' compensation case to proceed.
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All parties want to meet to have the judge expedite the hearing.
A pre-hearing should usually be requested within 120 days of the time that the claim is filed. If it isn’t requested within the appropriate time frame, the hearing might have to be postponed until there is an opening on the docket.
What is mediation?
Mediation is the portion of the claim process where the parties -- along with their St. Louis workers' compensation attorneys -- meet with the judge to discuss anything that might be confidential and related to the case. It is also a time that parties can attempt to find a settlement that is equitable. To mediate a claim, a request for mediation must be provided so that it can be an opportunity for any issues to be resolved. The mediation is to be requested within 120 days after the claim is filed.
Because workers' compensation can get complex very quickly, it is a good idea to have a St. Louis workers compensation attorney who knows the laws and what you are entitled to at your side through the claim and mediation process. Before you accept any settlement, it is crucial to have a professional verify that you are receiving fair compensation for your work-related injuries.
More Resources:
Do I Need a Lawyer For Workmans Comp?
Law Office of James M. Hoffmann
2001 S Hanley Rd #325
St. Louis, MO
63144
Phone: (314) 361-4300