Law Office of James M. Hoffmann Articles Are You Covered Under Workers' Compensation From Day One?

Are You Covered Under Workers' Compensation From Day One?

By James Hoffmann  Feb. 27, 2018 7:52a

If you are employed in the state of Missouri, your employer is required to carry workers’ compensation insurance. Workers’ compensation is a mandatory policy that is meant to protect both the employer and the employee should there be an accident at work. It is used to ensure that the worker is compensated fairly and that the employer doesn’t go bankrupt if someone is injured while working.

Unlike personal injury, workers’ compensation is not guided by the theory of negligence. To collect workers’ compensation, you do not have to prove that your employer is negligent in any way or responsible for your injuries. In fact, you could be at-fault for the injuries that you sustain and still be eligible to collect.

The only stipulation to workers’ compensation and being eligible is that you have to be working under the scope and the authority of your employer. That means that you have to prove that you were performing a work-related duty while you were injured. It isn’t enough just to be hurt while you are at work. You have to actually be injured doing something that is part of your employment duties to be eligible.

What If It Is My First Day and I Am Injured?

As odd as it may sound, it is not that unusual to be injured on your first day of work. In some industries, accidents happen on the first day frequently, because workers aren’t always sure what they are doing and make mistakes that end in injury. Whether you are hurt on day 1 or day 200 makes no difference; you should generally be eligible to collect workers’ compensation.

If you are injured on the first day, it is imperative to let your employer know about it. If you are afraid that it is a new job and you don’t want to lose your new position, you shouldn’t be. It is illegal for any employer to seek retaliation against someone because they make a claim for workers’ compensation. Although they might be able to let you go for other reasons, filing a claim for workers’ compensation alone cannot be one of them.

Your employer will have procedures in place to record and report the incident to file your workers' compensation claim. If you are injured, it is imperative that you seek the proper medical attention to prove that you were injured and to make your employer aware immediately. Although workers’ compensation is not based on negligence, you will want to make sure to report the incident in case there is any question whether you were performing work-related duties.

If you are having a difficult time getting your workers’ compensation coverage in Missouri, it is a good idea to contact a St. Louis workers’ compensation lawyer to help guide you through the process. Whether it is your first day on the job or you have been with a company for years, it makes no difference. Employees are eligible to receive compensation when they are working under the scope of their employment duties - period.

2001 S Hanley Rd #325
St. Louis, MO
63144
Phone: (314) 361-4300

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