Choice of Law
In some cases it is important to analyze where the claim should be filed. If you work out of one state but are injured in another state, you may have a choice as to where to file your workers compensation claim. Due to the fact that workers compensation benefits vary from state-to-state, it is necessary to analyze which state is the better state for you to file to maximize your benefits. The choice of which state to file in may also be important if notice or the statute of limitations is at issue. States have different time frames for notifying your employer and different time frames for filing claims.

Filing a Claim
Under Missouri workers' compensation law, an employee must file a Claim for Compensation with the Division of Workers' Compensation, within two years from the date of injury or last payment made on account of the injury by the employer or its workers' compensation insurance carrier. The period of limitations is extended to three years if the employer or insurer does not timely file the First Report of Injury with the Division. The time is not extended past two years from the date of accident, assuming a Report of Injury was filed, if the medical benefits are paid under group health coverage or out-of-pocket . Notifying your employer is not filing a claim. Because the employer or insurance agent gives you a claim number does not mean that a claim is properly filed with the Division of Workers Compensation. Insurance companies assign their own claim numbers to claim. The deadline is a strict deadline. “I didn’t know” does not save your claim.

The Independent Medical Examination (IME) or Rating Appointment
The goal of an IME or rating is to obtain an expert opinion that can be used in your case in determining your disability. When you are released from treatment, Dean Law Office, LLC will obtain a rating of your disability. A good IME will address future medical and whether more treatment or tests are needed. The IME results in a rating assessing your disability. I have never seen the issue of future medical addressed in a treating physician’s report. The insurance company or your employer is paying the physician’s bill and the physician is not generally asked to address future medical needs. It is extremely important that the doctor chosen to do the rating has the necessary expertise, has all medical records and is familiar with how to do a rating.

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Margaret Dean 816-753-3100