Workers' Compensation cases in Missouri and Illinois encompass a broad spectrum of legal matters that arise when employees allege injuries arising out of and in the course of the employment, whether by accident or occupational disease. Not all workers' compensation cases, however, meet the elements that must be satisfied to obtain compensation. Workers' Compensation laws can be confusing and overwhelming in this regard, so it is important to speak to an attorney when you must defend against one.
At Leahy Wright & Associates LLC, our Workers' Compensation attorneys in St Louis will help you understand the intricacies of your workers' compensation defense. We are committed to our clients and will investigate, negotiate, and – if necessary – litigate your case to ensure the best possible outcome. Throughout the process, we will keep you informed and engaged. We have experience in all areas of Missouri and Illinois. Contact us today at 314-766-4462 to schedule a consultation and to get smart advice on all your legal options.
Workers' Compensation Cases in Missouri and Illinois
Workers' Compensation cases involve the employee, the employer, and if not self-insured, the employer's insurance company. In some claims, a state administered fund, the Second Injury Fund, also may be involved.. Depending on the jurisdiction, the plaintiff might be referred to as the petitioner or claimant or another similar term. There can be more than one plaintiff and more than one defendant.
Burden of Proof
The Employee has the burden to prove their case. Generally the burden of proof in Workers' Compensation claims is lower than other personal injury cases. Thus, properly defending Workers' Compensation claims is more challenging and requires an experienced attorney to effectively defend your interests.
Common Types of Workers' Compensation Injuries in Missouri an Illinois
Workers' Compensation cases involve a wide range of accidents and incidents. Some of the most common are strains and sprains of the neck and back, injuries to the joints and limbs, including the ankles, knees and shoulders. Minor fractures to the extremities are also seen frequently. Occupational disease/repetitive trauma injuries such as carpal tunnel syndrome and cubital tunnel syndrome are also common.
Although not as common, certain psychiatric injuries also occur.
Benefits in Workers' Compensation Claims
There are three major benefits in Workers' Compensation cases:
- Medical Benefits: Employers must provide medical treatment to cure and relieve the affects of the injury in compensable claims. Employers, by Missouri law control the selection of the medical provider. They do not under Illinois law.
- Temporary Total Disability (Lost time) Benefits: in compensable claims, Employers must pay the Employee for time missed from work due to the injury and authorized by the authorized treating physician. The amount of compensation is based on two-thirds of the Employee's average weekly wage, up to the maximum set by law.
- Permanent Disability: If there is permanent partial disability caused by the injury after the Employee reaches maximum medical improvement, a settlement may be reached based on a percentage of disability for the affected body part or parts, as set by the legislature. In cases involving serious injuries, the Employee may qualify of r permanent total disability, meaning they are now unable to compete in the open labor market.
Why Choose our Workers' Compensation Attorneys in Missouri and Illinois
Defending a Workers' Compensation claim can be challenging. This is where our Workers' Compensation attorneys become your ally, dedicated to ensuring the success of your case.
At Leahy Wright & Associates, LLC, our clients choose us because we are committed and knowledgeable. Our commitment and know-how materialize in the following ways:
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Legal expertise, with over 75 years of combined experience, enables us to assess the unique aspects of your situation and build a robust legal strategy
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Thorough investigation to build a strong foundation and to increase the likelihood of a favorable outcome
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Advocacy and negotiation skills to minimize compensation for injuries, damages, and losses
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Legal representation in court where we offer a strong voice when presenting compelling arguments, cross-examining witnesses, and navigating the legal process
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Objective guidance to help our clients make informed decisions and alleviate the stress associated with defending a claim
When defending a Workers' Compensation claim, having a skilled workers' compensation attorney on your side can make all the difference. From legal expertise to passionate advocacy, our role can be pivotal in ensuring the success of your case.
Contact a Workers' Compensation Attorney in St Louis Today
When you must defend against workers' compensation allegations, our workers' compensation lawyer in Missouri will provide smart guidance and representation. Contact Leahy Wright & Associates, LLC today by using the online form or calling us at 314-766-4462. We will schedule a consultation to discuss your case and to get it moving forward to avoid costly delays.
