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No fault needs to be proven in workers' compensation claims

Some Missouri workers may be concerned about the fact that they may not file a claim against their employer after suffering a workplace injury. Workers are provided with workers' compensation insurance and in return they are prohibited from filing claims against their employers -- except in particular circumstances. However, they will not have to prove negligence on the part of their employers or any co-workers. Even if a worker was partly responsible for his or her own injury, a claim for workers' compensation benefits may be filed.

Workers' compensation may differ from state to state with regards to the levels of compensation, but the basic rules that apply mostly include compensation for medical treatment for work-related injuries and illnesses. In addition, an injured worker will receive a percentage of his or her average gross weekly wage as it was at the time the injury was suffered. There are limitations on the amounts that will be paid, but most states base the compensation on two-thirds of the last earned wage. In cases where workplace injuries cause temporary disability, the victims may be entitled to retraining at no cost.

When workers suffer permanent disability after an injury at work, the circumstances will be considered, and they may receive compensation to cover future medical expenses and a portion of future wages. In the sad event of a fatal workplace accident, the workers' compensation insurance fund may award the surviving spouse and any dependents a compensation package. It is important to note that pain and suffering or other damages will not form part of benefits paid..

Although Missouri workers may find the compensation paid by the fund to be modest, they should keep in mind that the there be no tax charged on the benefits. Compensation typically commences a few days after the onset of absence following a workplace injury, and payments will be made at regular intervals. Injured workers who find the claiming procedures intimidating, or are prevented from filing a claim due to the severity of their injuries, may want to visit our [url=`http://injury.findlaw.com/workers-compensation/workers-comp-benefits-explained.html']workers' compensation website[/url] to seek further information.

Source: FindLaw, "Workers' Comp Benefits Explained", , Aug. 30, 2014

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