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Report of Injury – Employer Obligations | Missouri

Mark Cantor | 929 Views | 02/25/2015

Hi. Thanks for visiting my law firm Cantor and Burger. I’m Mark Cantor. We handle personal injury cases throughout the Midwest. Auto accidents and things of that nature. But today I want to talk to you about your workers’ compensation claim. Specifically, I want to talk to you about your employer’s obligations. What they owe you after you’ve been injured at a work injury.

So we all know that they owe two thirds of your wages while you’re off work. They owe all of your medical bills. That’s 100% of your medical bills that they authorize. Then they owe you a lump sum payment for either permanent, partial, or permanent and total disability. So let’s break those things down.

Report of Injury

When we go to trial, very frequently the employer says, “Oh, we didn’t know about the accident.” Well you know what? They probably did. You do have under the law an obligation to tell them. But they have an obligation to do what’s called a Report of Injury. That means that they’ve got to fill out a claim form that says basically your name and your address and how you were hurt and how much you earn. They have to file that. So if you report it to your employer, they have an obligation to do a Report of Injury.

Now let’s say you’ve come to me and they haven’t done a Report of Injury. But you tell me, “Mark, I told them.” My job is to advocate for you. I find that that happens very frequently. A person gets injured, they say, “Hey I told my supervisor Joe.” Joe may or may not have reported it. But Joe had an obligation. He works for the employer. He’s your boss. He’s your supervisor. They have to report it. So now you come to me and I file a formal claim. They say, “Well we didn’t get it.” Well the truth sets you free. That’s why you have got to try these cases. Because then we got to go and depose Joe. Joe’s going to say, “Oh yeah. He told me. I just figured he’d get better.” Or whatever he’s going to say. But if you get to the root of it, the employer has an obligation to file that Report of Injury. When I file the claim for you, the employer has an obligation. That means they must file an answer, or your claim is deemed admitted. They don’t have forever to do it. The Division of Workers’ Compensation gets the claim that I file for you and in (15) days later they send out an acknowledgement. “Hey Mr. Employer. This guy got hurt.” You got hurt. Then they have to file an answer within 30 days. Frequently they don’t. If they do not, then the claim is deemed admitted as a matter of law. I set the case law in that in Missouri. But to the Court of Appeals– and it was many trials. Back and forth.

But basically the case of T.H. vs. Sonic Drive-Thru. If you’re injured in the course and scope of your employment, and you file a claim, the employer has (30) days to file an answer or the facts on your claim are deemed admitted. That goes to your salary too. If we put max rate, and they don’t respond, you get the max rate. I’m going to talk to you about that. But they have an obligation to pay all your medical. They have an obligation to file a Report of Injury. They have an obligation to file an answer. If they don’t do those things, then you ought to push for a trial.

You need a law firm that does that. I tried six cases this summer. It’s October 7, 2014. I know a lot of lawyers that do this that don’t try a case all year. So if I can help you– and it’s just different practices. I push to get full value. I’m not demeaning them. But you got to look at your law firm and who you have working for you and say, “Is this the person for me? Are they doing the things that I want done? Are they willing to try the case?”

So I’m Mark Cantor. My law firm is Cantor and Burger. If you have a Missouri Workers’ Compensation Claim, or an Illinois claim– I’m licensed in both states. Please come visit me, or call me at (314) 542-9999. Thank you for watching about your employer’s obligations.

By: Mark Cantor

Report of Injury – Employer Obligations | Missouri

Hi. Thanks for visiting my law firm Cantor and Burger. I’m Mark Cantor. We handle personal injury cases throughout the Midwest. Auto accidents and things of that nature. But today I want to talk to you about your workers’ compensation claim. Specifically, I want to talk to you about your employer’s obligations. What they owe you after you’ve been injured at a work injury.

So we all know that they owe two thirds of your wages while you’re off work. They owe all of your medical bills. That’s 100% of your medical bills that they authorize. Then they owe you a lump sum payment for either permanent, partial, or permanent and total disability. So let’s break those things down.

Report of Injury

When we go to trial, very frequently the employer says, “Oh, we didn’t know about the accident.” Well you know what? They probably did. You do have under the law an obligation to tell them. But they have an obligation to do what’s called a Report of Injury. That means that they’ve got to fill out a claim form that says basically your name and your address and how you were hurt and how much you earn. They have to file that. So if you report it to your employer, they have an obligation to do a Report of Injury.

Now let’s say you’ve come to me and they haven’t done a Report of Injury. But you tell me, “Mark, I told them.” My job is to advocate for you. I find that that happens very frequently. A person gets injured, they say, “Hey I told my supervisor Joe.” Joe may or may not have reported it. But Joe had an obligation. He works for the employer. He’s your boss. He’s your supervisor. They have to report it. So now you come to me and I file a formal claim. They say, “Well we didn’t get it.” Well the truth sets you free. That’s why you have got to try these cases. Because then we got to go and depose Joe. Joe’s going to say, “Oh yeah. He told me. I just figured he’d get better.” Or whatever he’s going to say. But if you get to the root of it, the employer has an obligation to file that Report of Injury. When I file the claim for you, the employer has an obligation. That means they must file an answer, or your claim is deemed admitted. They don’t have forever to do it. The Division of Workers’ Compensation gets the claim that I file for you and in (15) days later they send out an acknowledgement. “Hey Mr. Employer. This guy got hurt.” You got hurt. Then they have to file an answer within 30 days. Frequently they don’t. If they do not, then the claim is deemed admitted as a matter of law. I set the case law in that in Missouri. But to the Court of Appeals– and it was many trials. Back and forth.

But basically the case of T.H. vs. Sonic Drive-Thru. If you’re injured in the course and scope of your employment, and you file a claim, the employer has (30) days to file an answer or the facts on your claim are deemed admitted. That goes to your salary too. If we put max rate, and they don’t respond, you get the max rate. I’m going to talk to you about that. But they have an obligation to pay all your medical. They have an obligation to file a Report of Injury. They have an obligation to file an answer. If they don’t do those things, then you ought to push for a trial.

You need a law firm that does that. I tried six cases this summer. It’s October 7, 2014. I know a lot of lawyers that do this that don’t try a case all year. So if I can help you– and it’s just different practices. I push to get full value. I’m not demeaning them. But you got to look at your law firm and who you have working for you and say, “Is this the person for me? Are they doing the things that I want done? Are they willing to try the case?”

So I’m Mark Cantor. My law firm is Cantor and Burger. If you have a Missouri Workers’ Compensation Claim, or an Illinois claim– I’m licensed in both states. Please come visit me, or call me at (314) 542-9999. Thank you for watching about your employer’s obligations.

By: Mark Cantor