so confused...

My father was injured on the job 2.5 years ago. He fell from a 9ft ladder and broke his wrist (compound fracture) and ankle and required two surgeries. He was told by a former coworker that he was entitled to a settlement because of his injuries. After some research online we discovered that yes he was. I called MO WC and spoke to someone who said not only does he has a case, he has a fraud case as well. Apparently his employer didn't report the injury until 4/2009 (he was injured 4/2007). So my question is 1) should he contact a lawyer and try to get this settlement? 2) What documentation should he get from his employer/insurance company 3) what type of settlement do you think he would get? He has mobility in both the ankle and wrist but neither are able to lift as much as he used to.

Thanks!!!!

Hi Elleng81.  I am a Missouri workers' compensation and injury attorney that handles claims throughout the entire state.  Under Missouri workers' compensation law, a worker injured in the "course and scope of employment" is entitled to three types of benefits.  First, payment of all medical costs for treatment related to the work injury.  Second, payment at 2/3 the weekly wage rate for time missed from work due to treatment or recovery.  And third, if there is any degree of permanent or on-going impairment due to the injury, a worker is entitled to what is known as a "permanent partial disability" lump sum settlement.  The amount paid for permanent partial disability is subject to considerable variance, and workers' compensation attorneys are experienced at maximizing the recovery that a person is entitled to under the Missouri statutes. 

     Additional details would be needed to determine if your father is still eligible for receiving the benefits that he should be entitled to, what type of benefits he could receive, and whether there is a potential claim against the employer for WC fraud.  An initial question that would need to be addressed is whether the employer paid for his surgeries and any other treatment for his injuries?  Another question is whether they paid him for any time he missed from work?  If so, the employer acted properly in handling the claim (at least in filing the claim).  Also, how was it determined that the injury was not reported until 04/09?  Keep in mind that typically the injury must be reported to Workers' Compensation within 30 days, and an employer needs to abide by this deadline.  In order to determine the answers to your three questions above, a few additional details (mentioned above) would be needed.  My e-mail is mth2000@yahoo.com.  Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice.  The use of this site does not create an attorney-client privilege or relationship between the user and the attorney responding.

You say that this injury occured 2.5 years ago. Generally speaking there is a 2 year statute of limitations, or time limit, to file a WC claim in the State of MO. The 2 years begins on the last day that the employer provided benefits i.e. medical care or Lost time benefits, for your father. If no benefits were provided then it would be 2 years from the date of accident. In this case the effect of the employer not filing a Report of Injury with the Division of WC within the proscribed 30 day time period sets off a 1 year penalty and extends the time limit to 3 years!!! So as of today you are still within the time period.

To get started you probably dont need very much documentation from the employer. If there was any paperwork that was filed internally, that can usuallly be obtained by an attorney- however that is usually not a problem. As far as the value of a case, without having more facts, it is almost impossible to give an idea as to how much a case like this is worth. However I will say that based upon your description it sounds like your father definately has permanant disability in the ankle and in the wrist. Also if the emoployer did not appropriately pay your father for any time he was off of work for this injury or time off of work recovering from the surgeries then they would owe him $$$ for that as well.

Also, it is important to note that injuries such as your fathers that require surgery and leave a person with somewhat marked residual disability could result in a settlement or an Award that would allow you to make an additional recovery from the MO Second Injury Fund for the combnation of these injuries with ANY pre existing disability.

Either way, if you decide to call and hire an attorney or not, I would advise that you IMMEDIATLY file a formal Claim for Compensation with the Division of Workers Compensation in order to stop the Statute of Limitations from running, and potentially barring your father from ever being able to file a claim for this injury.

Hope this Helps.

Daniel Lefton

314-231-1166

800-231-5852 ext 1166