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Missouri Workers' Compensation Questions & Answers
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?

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Ronald J. Eisenberg
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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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
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: 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: 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: 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: 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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