Getting injured on the job is stressful enough, but when you’re not receiving the compensation you believe you deserve, it can feel overwhelming. If you’ve talked to your employer or their insurance company and still haven’t resolved your benefits issue, the Missouri Division of Workers’ Compensation offers three main paths to resolve disputes.
Dispute management services
When you disagree with the insurance company about your workers’ compensation, the Division offers free dispute management services to help. A mediator, who is a neutral third party, will assist both sides in discussing the issues and exploring potential compromises.
This process is voluntary and less formal than going to court. It’s important to note that the mediator doesn’t decide who’s right or wrong. Their main goal is to help you and the insurance company find a solution together. If you reach an agreement, it becomes official. If not, you can still pursue other options to resolve your dispute.
Conference with a judge
If mediation doesn’t resolve your issue, you can ask for a conference with an administrative law judge. This meeting is more formal than mediation. You, your attorney, the judge and your employer’s lawyer will discuss your case together. It’s your chance to explain your side and maybe reach an agreement. The judge can help clarify legal points but won’t make a final decision. These conferences usually happen within 120 days after the Division receives a request.
Filing a claim
If the first two options don’t resolve your issue, you can file a claim for compensation. This is the most formal step and starts an official legal process. You can file by mail or email, and you’ll be known as the “claimant” in the case.
After filing a claim, you might go through several types of hearings:
- Pre-hearings: These discuss issues in your case before a full hearing.
- Mediations: Confidential meetings to try to reach a settlement.
- Hardship hearings: Address immediate needs for medical treatment or disability benefits.
- Final hearings: Resolve all issues in your case.
You have the right to consult with a lawyer and have legal representation at any point in this process. If legal terms or procedures confuse you, don’t hesitate to seek help.
You deserve fair compensation
While the process can seem complex, understanding your options is the first step to protecting your rights. An attorney can help ensure you receive the full benefits you’re entitled to.
