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Missouri Workers' Compensation Questions & Answers
1 Answer | Asked in Health Care Law and Workers' Compensation for Missouri on
Q: Medicare Stipulation concerns

My husband is getting ready to sign on a work comp settlement. The amount has already been agreed upon. He has signed all the documents, but there is one that concerns us which is the Medicare Stipulation.

According to this document, if he should seek out future medical treatment that... Read more »

Tim Rose
PREMIUM
Tim Rose
answered on Jan 19, 2022

This link should give you some further information on Medicare with regard to settlements. You should consult with an attorney for any specific questions. https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/WCMSA-Overview

1 Answer | Asked in Personal Injury, Workers' Compensation, Antitrust and Environmental for Missouri on
Q: Work comp

If im working at a none livable hoirly wage and get an inspection that Takes my lifes work away because they understamated me what do i do

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Dec 13, 2021

I suggest you revise your post because it is hard too follow and too vague to answer. I assume you meant you received an "injury" rather than an "inspection." If you were injured at work, contact a workers' compensation attorney to evaluate the situation.

2 Answers | Asked in Employment Law and Workers' Compensation for Missouri on
Q: Could I sue for more money after a job I quit has yet to pay me

It has been 2 months since working there and they haven’t payed nor do they do the mangers or store answer there phone

Kyle Anderson
Kyle Anderson
answered on May 25, 2021

Hello, employers are required to pay in accordance with federal overtime and minimum wage laws. If you weren't paid at all, or a portion of your pay was withheld, you may have a minimum wage violation claim. If you worked overtime during the period, you may have an overtime claim as well. I... Read more »

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1 Answer | Asked in Workers' Compensation for Missouri on
Q: can i sue walmart for not paying me my final check? they claim I received it, but in truth it was reversed out.

I went to talk to my manager but he avoided my questions and said If I had nothing to show for it then we were done. my card app wasn't working at the time so I wasn't able to show him the reverse. I use the exceed app that is for Walmart employees by the way.

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jan 28, 2021

Of course you can sue. Small claims court is ideal for such disputes.

Or you could speak with your manager's manager and see if the claimed payment could be cancelled and a new payment issued.

You might also find this link helpful. https://labor.mo.gov/DLS/General/owed...
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1 Answer | Asked in Workers' Compensation for Missouri on
Q: If an attorney deliberately leaves out medical records to prove your case, what do you call that? Malpractice?

Just found out my attorney didn't obtain any medical, physical therapist and CT Scan records that shows 3 herniated discs in my back. He's settling my case at 7.5% and said, I have to pay over $8000 in medical bills out of pocket bc employer's insurance didn't approve for me... Read more »

Scott Andrew Wilson
Scott Andrew Wilson
answered on Jun 18, 2020

We cannot give you legal advice since you are currently represented by an attorney. You should schedule a meeting with your lawyer and ask him these questions, before you agree to settle your case. The choice to settle is yours and yours alone to make, but your lawyer should answer your questions... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Missouri on
Q: As a salaried employee for a recreational, non for profit, am I owed overtime pay, if company will not hire more staff?

h

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Apr 26, 2018

The issue is whether you are exempt from overtime pay under the FLSA. It depends on your job.

https://webapps.dol.gov/elaws/elg/minwage.htm#who

1 Answer | Asked in Personal Injury and Workers' Compensation for Missouri on
Q: I have a two year work comp case. And just found out that the comp insurance company filed for bankruptcy. What now?

I am wondering is a small town lawyer can handle this and how long will it take and how it will effect my case

Peter N. Munsing
Peter N. Munsing
answered on Dec 4, 2017

Generally a small town lawyer may handle the case better because you deal with them and their staff more closely. As to the bankruptcy, states have workers compensation funds that handle claims of companies that have declared bankruptcy.

If you have an attorney discuss it with them. If...
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0 Answers | Asked in Employment Law and Workers' Compensation for Missouri on
Q: would my employer after 17 years still be resposable for getting my shoulders fixed?

I told my safety officer on a Wednesday That i was going to see a doctor about my shoulders and the following Monday my supervisor came down and said I was fired.

1 Answer | Asked in Workers' Compensation for Missouri on
Q: Do I need to look for a new attorney or is this delay out of her control?

Back in 19/2015 insurers IME reported I am not MMI, I can not work and it is related to the work injury. As of today we are still in limbo nor are we moving towards a trial, just waiting to see what they want to do. In Jan the judge told them to tell us how the insurance company wants to proceed... Read more »

David Alan Wolf
PREMIUM
David Alan Wolf
answered on Mar 26, 2016

Legal cases take time to complete especially those that are subject to litigation. I recommend that you arrange for a meeting with your attorney to get a status of the case. Following the meeting, request that the attorney detail the status of the case and plans moving forward in an e-mail or a... Read more »

1 Answer | Asked in Workers' Compensation for Missouri on
Q: I injured my arms at work a year and half ago. My manager never filed paperwork. What can I do now?

When injured my manger and other co workers knew. I had no clue how any of his process worked. I used my own time and insurance for everything. I ended up tearing ligaments in my arms in result to that to this day I still cannot lift heavy objects. I have switched jobs now so I wasn't for sure... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2015

It may be too late. Talk to an attorney who has some knowledge of the worker's compensation laws in your state.

1 Answer | Asked in Workers' Compensation for Missouri on
Q: How can an employer prove being under the influence of marijuana was the main cause of my injury?

I was recently hurt badly at work. I used marijuana 2 weeks prior to my accident. I got smashed by a tree clearing timber. I'm a carpenter not a logger. Broken femor high up by hip. Won't walk for at least 8 months and possibly never be the same. I was absolutely not using marijuana at... Read more »

Andrew Hahn
Andrew Hahn
answered on Oct 8, 2015

You need to hire an attorney to handle your workers compensation case. You need to understand that an employer will likely fight your claim, because it seems like your claim will be very large on the damages.

As for the marijuana, your attorney will need to conduct discovery to see what...
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1 Answer | Asked in Workers' Compensation for Missouri on
Q: Can a attorney take more then the percentage by law. If an unsecured loan has been granted.
Andrew Hahn
Andrew Hahn
answered on Oct 8, 2015

I am not exactly sure what you are asking. There are certainly limits to the attorneys fees, however if you took out a loan for the case that loan needs to be paid back. Paying the loan back is generally in addition to attorneys fees.

1 Answer | Asked in Workers' Compensation for Missouri on
Q: if I was injured playing for my employers softball team off the clock, is my employer liable? I was not forced to play.

also are they ethically liable for my injuries?

Andrew Hahn
Andrew Hahn
answered on Oct 8, 2015

Most likely no. Softball games tend to be outside the scope of employment. Especially, if the league is voluntary.

1 Answer | Asked in Workers' Compensation for Missouri on
Q: I was injured at work a few months ago and still having problems with the same area an now its personal.
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

You should contact a MO attorney ASAP if the injury occurred there. If it occurred in another state, such as IL where I practice, contact an attorney there even if your employer is in MO.

General comments: Go see a doctor, keep a folder will all bills and medical records as well as full...
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