You have put in time, built your career and perhaps even started contemplating a comfortable retirement. Then, an unexpected workplace injury strikes. Suddenly, your plans are derailed.
Will your employer or the insurance company argue that your age makes you less deserving or even ineligible for workers’ compensation? Understanding eligibility is your first step toward securing your future.
Your eligibility for benefits
Age itself does not prevent you from receiving workers’ compensation benefits. These benefits pay for medical care and lost wages when a work injury occurs. The key question is always whether your injury happened because of your job duties.
Missouri law requires your injury to arise “out of and in the course of employment.” This means a direct link must exist between your job and the incident causing harm. For example, falling on a job site while performing assigned tasks usually qualifies.
Pre-existing conditions and new injuries
An older worker might have a pre-existing medical condition. A work injury can sometimes make this condition worse. Insurance companies may investigate prior medical history. This does not mean they can deny your claim outright.
Missouri workers’ compensation law addresses this situation directly. If your work accident significantly aggravates a pre-existing condition, you may still receive benefits. The work incident must be the “major contributing cause” of your current disability.
Steps to protect your claim
Protecting your workers’ compensation claim involves taking specific actions:
- Tell your employer about the injury in writing as soon as possible
- Get necessary medical care for your injury right away
- Keep records of your injury, medical treatments, and any communication about your claim
- Do not provide recorded statements to the insurance company without legal advice
- Do not sign any documents that could affect your rights or release claims
The workers’ compensation process can be confusing, especially after an injury. It is extremely important to consult an attorney who understands Missouri workers’ compensation laws. An experienced attorney can counter age-based challenges and ensure you receive the compensation you deserve.