After an on-the-job accident, your first actions should be telling your employer and asking to see a doctor. Notifying your employer in writing and filing a workers' compensation claim protect your right to receive benefits, including the medical care and financial support you need for a work-related injury or illness. Here’s what to expect once you file your claim. 

5 Events After Filing a Workers’ Compensation Claim in Missouri

1. Response From Employer & Insurer

Once the Division of Workers’ Compensation (DWC) acknowledges it has received your Claim for Compensation—Form WC-21—your employer and their insurer’s attorney must respond within 30 days. They respond by filing an Answer to the Claim—Form WC-22—stating whether they admit or deny the information in your claim form. 

2. Response From Attorney General for Second Injury Fund Claims

If you seek compensation from the Second Injury Fund, the Missouri Attorney General’s Office must answer your claim within 30 days of the DWC’s acknowledgment of receipt. The Attorney General’s answer must admit or deny the claim statements. 

3. Request for Mediation

Anyone involved in the claim can use the DWC’s Request for Pre-Hearing and Mediation forms to ask for mediation or a pre-hearing. If the parties cannot reach an agreement on disputed issues at these meetings, you or they may request a hearing before a workers’ compensation Administrative Law Judge (ALJ).  

4. Attend ALJ Hearing 

A hearing before an ALJ is a nonjury trial, and the judge applies the rules of evidence for civil cases. All parties and their attorneys present evidence to support their positions, and for most issues, the employee bears the burden of proof. The ALJ decides the issues and prepares an award in writing.  

5. Review & Appeal of Award

Any party unhappy with the ALJ’s award has the right to request a review by the Labor and Industrial Relations Commission. Their decision can be appealed to the Missouri Court of Appeals. In certain situations, the Missouri Supreme Court hears workers’ compensation cases.   

Workers’ compensation cases are complicated, so you need a professional to help you through the process. The dedicated and experienced attorneys at Coyne, Cundiff & Hillemann, P.C. in Lake St. Louis, MO, provide personalized representation to workers’ compensation and personal injury clients. Learn more about their effective legal services, delivered with passion and professionalism, by visiting them online. Call (636) 561-5599 to schedule a free attorney consultation today.