Injured Employees
The attorneys at Van Camp Law Firm have extensive experience in navigating through the workers’ compensation system for injured workers. With combined legal experience of more than 45 years, our attorneys have specialized in litigating workers’ compensation cases throughout the entire state. Our attorneys have represented injured workers from various industries and employers in Missouri, and are particularly proud of our reputation as aggressive litigators for State employees from all over the state. We have worked closely with physicians, opposing attorneys and judges throughout Missouri in dealing with complex issues and changes in the law over the years.
We are ready to help you obtain benefits owed to you including payment for time off work due to an injury, getting the kind of medical treatment you deserve, payment for permanent partial or total disability at the end of your case, and payment for scarring due to your injury. We are knowledgeable and up to date on workers’ compensation statutes, interpretations of the law by judges throughout Missouri and ongoing changes in the law that affect the rights of injured workers. We have the experience to evaluate the value of your case quickly and efficiently so we can save you time and money.
When dealing with a workers’ compensation matter, it is important you have an experienced and competent attorney you trust. The well-respected reputation of the Van Camp Law Firm attorneys comes as a result of more than 45 years of combined experience among its four attorneys. Douglas Van Camp has been practicing in the area of workers’ compensation for the past 27 years. Elizabeth Skinner, Christine Kiefer and Christina Hammers have more than 18 years of combined experience on both sides of workers’ compensation cases. Having represented both employers and injured workers, we have the unique ability to anticipate the strategy of our opponents in the resolution of your case.
Van Camp Law Firm is located in Jefferson City, the capital of Missouri, located geographically in the center of the state which affords us the ability to attend workers’ compensation dockets throughout the entire state. Regardless of where your injury took place, we encourage you to contact us to discuss your case. It is best to meet with one of our attorneys in person at our office, but we are happy to discuss your case over the telephone. Your initial consultation is free, and we will handle your case on a contingent fee basis.
i. Frequently Asked Questions
The attorneys at Van Camp Law Firm will be happy to meet with you for a free initial consultation with no obligation and will handle your case on a contingency fee basis. While we are happy to answer any questions you have during that free initial consultation, we also have addressed some of the frequently asked questions below for your convenience. Please note that many of the questions you may have cannot be answered by a simple response, and many are specific to your claim. We, therefore, suggest you use this section as a reference only, and you contact our office to schedule your free initial consultation.
1. What is workers’ compensation law?
The workers’ compensation law of the State of Missouri was enacted in 1926. Prior to that time when an employee was injured at work, the only remedy available was a lawsuit in civil court, which often was costly. The workers’ compensation law was passed to take work injuries out of civil court. Under the law, employers are responsible for providing a number of benefits to injured workers. In return for receiving these benefits, an employer could no longer be sued for negligence in civil court.
2. I was injured at work. What should I do?
When you are hurt on the job, you should report the accident and your injury immediately to your employer. Not only should notice be given immediately to receive necessary medical attention, but your injury will then be on record. The Workers’ Compensation Act requires you give notice in writing within 30 days of the date of the accident. The law requires your employer to report all accidental injuries within 10 days of the date they occurred to the Division of Workers’ Compensation.
3. I’m not sure if I should report my work injury because I don’t want to lose my job. Can my employer fire me for reporting an injury?
Your employer cannot fire you for reporting an injury or filing a workers’ compensation claim. If they do, you may have a civil lawsuit against your employer for wrongful termination.
4. What benefits does my employer have to provide?
When an employee is injured at work, his or her employer is responsible for providing four benefits. First, the employer should provide the injured worker medical treatment for his or her injuries; however, the employer has the right to choose the doctor or health care provider. Second, if the authorized treating physician takes the injured employee off work for more than three days, the employer must pay the employee for his or her time off work. Third, once the injured worker has been determined to be at maximum medical improvement (MMI) by the treating physician, and if the medical expert finds the employee has permanent disability associated with the work injury, the employer may be responsible to compensate the employee for either permanent partial or permanent total disability. Finally, there is a potential benefit for disfigurement for any change of appearance on an employee’s face, neck, arms or hands.
5. What if I miss work because of my injury?
If the treating physician chosen by the employer takes an injured employee off work for more than three days, the employer must pay the employee what is called temporary total disability, or TTD, for the time missed. If the employee misses at least 14 consecutive days of work, he or she will be compensated for the first three days as well. This compensation typically is two-thirds of the employee’s average weekly wage up to a maximum amount established by the legislature. This money is paid to the employee as regular wages are paid or at least every two weeks. This benefit is tax free.
6. Can I not go to my own doctor?
Your employer has the right to control and direct treatment in worker’s compensation cases. If your employer refuses to provide you medical treatment, you may seek treatment on your own at your own expense. If your work injury later is found to be compensable under the workers’ compensation law, the employer will be responsible for paying your medical bills if the employer had refused to provide you medical treatment after written notice of your request for treatment had been given to the employer. You should be warned, health insurance does not cover work related injuries.
7. Attorneys are expensive. Do I need one to file my claim?
You do not have to have an attorney to pursue benefits from your employer, file a claim for compensation, or settle your claim with your employer. However, your employer has trained specialists watching out for its interests, from the personnel department, to the adjuster, case manager, administrator and attorney. Most attorneys will give you a free initial consultation before you decide whether or not to hire one.
8. The doctor to whom my employer sent me has released me to return to work, but I still have complaints. What can I do?
You have the right to seek an evaluation from your own doctor to counter the opinion of the employer’s doctor. You will have to pay for the evaluation, and most private insurance will not pay for treatment or evaluations related to work-related injuries. An experienced workers’ compensation attorney will be familiar with medical and vocational experts who specialize in evaluating work related injuries.
9. What if I am hurt so badly I will never be able to return to work?
If you are determined to be permanently and totally disabled, or PTD, at a hearing, you will be paid for your lifetime (or the duration of your disability) 66-2/3% of your average weekly earnings up to a maximum amount set by the legislature. The weekly compensation rate in effect at the time of your injury determines the most that you can recover. This maximum changes annually. To be found permanent and totally disabled means you are unable to secure and keep any employment in the open labor market, not just the type of job at which you were injured.
10. Won’t I get less at the end of the case since my attorney gets a percentage of my settlement or award?
This is a frequent misconception held by employees. First of all, the employer/insurer always is represented by knowledgeable attorneys who will know the real value of your case, but are paid to try to minimize the cost of a claim for the employer/insurer. Second, the judges (called administrative law judges) are not allowed to give employees legal advice since the law was changed in 2005, so they cannot tell you the value of your case or give you any legal advice. In this situation, the employee has no idea what he or she should get and often agrees to very low amounts for settlement and also may not have future medical benefits given to him or her by the employer/insurer that may be appropriate. In most situations, the employee will actually end up getting more money even after the attorney’s fee has been deducted and will know the real value of his or her case as well as whether or not future medical benefits should be sought.
11. What is the Second Injury Fund?
Missouri’s Second Injury Fund (SIF) is funded by a surcharge paid by employers on their workers’ compensation insurance. The Missouri State Treasurer is the “custodian” of the SIF. The Missouri Attorney General’s Office defends the claims made against the Fund and has the Treasurer’s authority to settle or try cases for the Fund. The Second Injury Fund provides for five different types of benefits.
a) SIF can help an injured worker when a current work-related injury combines with a prior disability to create an increased combined disability. The basic concept is that the whole is greater than the sum of the combined disability. The employer (at the time of the last injury) is liable only for compensation due because of the last injury. If more disability benefits are owed to the employee, either for permanent partial disability or permanent total disability, they may be paid from the SIF if an administrative law judge orders it following an evidentiary hearing (trial).
b) If an employee dies due to a work injury while working for an uninsured employer, the SIF may be liable for payment of death benefits, including burial expenses and weekly death benefit payments to the surviving spouse and/or other dependents. For the dependents to receive weekly death benefit payment from the SIF, an evidentiary hearing before an administrative law judge is usually required.
c) Rehabilitation benefits are available to restore a seriously injured worker to a condition of self-support and self-maintenance through rehabilitation. Serious injuries that may qualify for rehabilitation include: quadriplegia; paraplegia; amputation of the hand, arm, foot or leg; atrophy due to nerve injury or non-use; and back injuries not amenable alone to recognized medical and surgical procedures. Upon order of the Director of the Division of Workers’ Compensation, the employee will receive $40 per week for up to 20 weeks only for the period the employee actually attends physical rehabilitation. The injured worker only receives the benefit from the Second Injury Fund if he or she attends therapy as ordered by the physician at a facility that is certified by the Division.
d) SIF also may provide second job wage loss benefits. This benefit may be available to an employee who works at two or more jobs. When an employee has a work-related injury from his or her “first job” and is physically unable to work at his or her other job(s) due to that injury, the employee may claim additional benefits from the SIF for the loss of wages from the “second job.” The qualifications for these additional benefits are technical, and not everyone in this situation may qualify.
e) The Second Injury Fund also may be responsible for payment of medical bills of injured workers when the employer fails to insure its workers’ compensation liability as required by law. Generally, both the uninsured employer and the Second Injury Fund are liable for the medical care and expenses if so ordered by an administrative law judge at an evidentiary hearing. (The Second Injury Fund is entitled to seek reimbursement against the employer as required by law.) The SIF is only responsible for the payment of medical bills in this situation, and has no responsibility for the payment of temporary or permanent disability benefits.