1. Claim denied.
This is the most obvious. You report your injury, request medical care and other benefits, and the employer/insurer refuses. This can be understood in situations where the employer/insurer has investigated the claim and there are serious questions about whether the claim is compensable. Unfortunately, we see many cases where no investigation (or half-hearted investigation) is done and the employer/insurer still denies the claim. That should never happen.
2. Claim ignored.
Workers compensation is supposed to be a quick and efficient system for giving medical care and benefits to injured workers. The system only works this way if employers/insurers live up to their obligations. The law and common courtesy requires that they timely respond to worker injuries. After all, injures works are physically, emotionally, and often financially hurting.
3. Fired after making claim.
Employers are not required to hold your job for you if you are injured and unable to work. Some employer/insurers will try to use this to their advantage by telling you that you will be fired if you don’t return to work after a work injury. If you are fired without cause, you are still entitled to all of your workers compensation benefits. However, some employers will make up a reason or “cause” for firing an employee after a work injury to avoid paying TTD benefits.
Missouri law prohibits employers from firing workers for making a workers compensation claim. We help employees protect their rights if they are fired after a work injury.
4. Make work jobs.
If your doctor releases you back to work with restrictions, your employer can make a modified job available within the restrictions. If it does so, your employer does not have to pay TTD. Many of these jobs involve things like sitting in the office opening mail, and are often painful to a recently injured employee.
5. Refusal to honor work restrictions or modify job duties.
Some employers say they will make a job available within your medical restrictions – but they do not. They will put you in a job that requires you to lift more than you are supposed to or sit longer than you are able. This can cause unnecessary pain and risk of further injury.
6. Bills unpaid, prescriptions unreimbursed.
Employers often slow pay or deny prescriptions and medical referrals. In many cases this delays or prevents much needed medical care. This type of harassment is far too common.
7. Refusal to authorize medical treatment.
Employer/insurers choose the doctors you see, and sometimes they refuse to provide the medical care recommended by their own doctors. Worse yet, employer/insurers sometimes doctor shop by sending you to different doctor to say you do not need the treatment. That should never happen but it does.
8. Late TTD checks.
Late TTD checks are another common form of harassment. Check should arrive every week, and injured workers rely on these checks to pay their bills and feed their families. There is no excuse for delayed TTD checks. Employer/insurers know workers rely on these checks to make ends meet but they far too often harass employees by delaying payments.
9. Refusal to pay for permanent injuries.
Employers will sometimes provide the medical care they are obligated to provide but then fail to pay the employer for permanent injuries after they reach maximum medical improvement. Sometimes the calculation of the benefits is quite simple but the employer still will not pay.
10. Low –ball offers for permanent injuries.
The doctors chosen by the employer/insurer often give you an impairment rating once you have reached maximum medical improvement. These ratings are usually too low. They often try to justify these low ratings by claiming your injuries are “pre-existing” and not related to the work accident.
We help people who have been injured in work accidents. We offer a free consultation so that you may discuss your concerns with an experienced attorney. Contact us online or call our St. Louis office at 314-862-6865 to schedule your free initial consultation. When you meet with us, ask about:
- Evening and weekend appointments
- Home and hospital visits
- No attorneys fees unless you collect