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In 2022, Missouri employers reported over 83,000 workplace injuries—and not all of those workers were full-time. That’s right. Part-time employees can and do get hurt on the job just like anyone else. And when they do, the question that often follows is: can part-time workers get workers comp in Missouri? The short answer is yes. But like most legal matters, the details matter. If you’re working fewer hours, you might think you don’t qualify. That’s a common myth. Missouri law doesn’t make that distinction when it comes to worker protections. In this article, we’ll break down what you need to know. We’ll cover whether part-time employees are eligible, what kinds of injuries are covered, and how to file a claim. If you’re hurt and working reduced hours, your legal rights still matter—and you may be owed compensation. Let’s get into it. Do Part-Time Missouri Employees Get Workers Comp Yes. Missouri law requires almost all employers with five or more employees to carry workers’ compensation insurance—and for construction businesses, that number is just one. The law applies to full-time and part-time employees alike. What matters is your status as an employee, not how many hours you work. Here's how it works: If you're classified as an employee (not an independent contractor), you're covered. Your employer must have workers comp insurance if the business meets the threshold. You’re eligible from day one on the job. There’s no waiting period based on employment length. This means that even if you only work weekends or a few hours during the week, you're still protected by Missouri's workers compensation system. You’re entitled to medical care and possibly lost wages if you’re injured at work. Some employers might try to misclassify part-time workers as contractors. This is often legally incorrect—and it can interfere with your rights. If that happens, contact a workers compensation attorney immediately. Types of Injuries Covered Workers comp in Missouri covers injuries and illnesses that arise “out of and in the course of employment.” That includes both one-time incidents and conditions that develop over time. Here are common examples covered under workers comp for part time workers: Slips and falls while on the job Repetitive stress injuries (like carpal tunnel or tendonitis) Lifting injuries resulting in sprains or herniated discs Machinery accidents Exposure to harmful substances (chemicals, mold, etc.) Work-related auto accidents (if driving is part of your duties) Assaults in the workplace under certain conditions Injuries don’t have to happen in a dramatic accident. Even something like twisting your ankle while stocking shelves can qualify—if it happened while performing your job duties. Mental health injuries can also be covered, but they’re harder to prove. Missouri law requires a clear connection to your work conditions, often with accompanying physical injury or trauma. Filing a Workers’ Compensation Claim If you're a part-time worker in Missouri and get injured on the job, here’s what you need to do: 1. Report the injury immediately. Tell your supervisor or employer right away—preferably in writing. Missouri law gives you 30 days from the date of injury to report it, but the sooner you do it, the better. 2. Get medical care. Your employer has the right to choose the doctor. If you see your own doctor without permission, you may have to pay out-of-pocket. Always ask your employer who you should see. 3. Document everything. Write down what happened, who witnessed it, and what injuries you sustained. Keep a copy of every report, medical record, and communication related to your injury. 4. Follow through. Attend your medical appointments. Keep your employer updated. If you're taken off work or put on restricted duty, ask for those instructions in writing. 5. Contact an attorney if your claim is delayed or denied. Unfortunately, employers and insurance companies don’t always act in your best interest. If your claim is being ignored, lowballed, or denied outright, get legal help. Fast. Why It Matters for Part-Time Workers Part-time employees are more likely to: Work irregular hours that make wage loss calculations trickier Be uninsured or underinsured privately Be unaware they have legal protection Have less access to HR or formal reporting systems That can make it easier for employers to take advantage—or just make honest mistakes. Don’t assume your rights don’t apply because of your schedule. In fact, you’re entitled to the same core benefits as full-time employees, including: Paid medical treatment Temporary total disability (TTD) if you can’t work while recovering Permanent partial or total disability for long-term impacts Death benefits for surviving dependents (in fatal cases) Call Harper, Evans, Hilbrenner & Netemeyer If you’re a part-time employee and you’ve been injured at work, don’t guess your way through the system. Workers comp law is strict on deadlines and paperwork. One missed step can delay or cost your benefits. At Harper, Evans, Hilbrenner & Netemeyer, we help injured Missouri workers—full-time or part-time—get the benefits they’re entitled to. We know how to fight wrongful denials and low settlement offers. We know how Missouri courts interpret the law. And we know how to help you move forward. Contact us today to speak with a workers compensation attorney. Your first consultation is free, and we only get paid if you do.

Spinal cord compression is one of the most serious injuries that can result from a car accident. It’s not always obvious right away. The pain may creep in. The numbness might be brushed off. But left untreated, spinal cord compression can cause permanent nerve damage, paralysis, or worse. Roughly 18,000 new spinal cord injuries occur each year in the U.S., and car accidents are the leading cause, responsible for 37.2% of those cases, according to the National Spinal Cord Injury Statistical Center (NSCISC). If you’ve been in a crash—even a minor one—and are now experiencing pain, tingling, or weakness, don’t ignore it. This guide breaks down what spinal cord compression is, what to watch for, and what steps to take if it happens to you. We'll also explain how Harper, Evans, Hilbrenner & Netemeyer can help protect your rights and get you the compensation you’re owed. What is spinal cord compression Spinal cord compression happens when pressure is placed on the spinal cord. That pressure disrupts nerve signals, causes pain, and can even shut down motor function below the injury site. The pressure can come from many sources—a fractured vertebra, a bulging disc, swelling from inflammation, or even fragments of bone. In car accidents, the most common causes of spinal cord compression include: Herniated or ruptured discs: A sudden jolt can force spinal discs out of position. Fractured vertebrae: Broken bones or dislocated vertebrae may collapse onto the spinal cord. Swelling or internal bleeding: Inflammation or hematomas can compress nearby nerves. Whiplash-related trauma: Severe hyperextension of the neck or back can trigger compression, especially in the cervical spine. The spinal cord doesn’t have much room to swell or shift. That’s why even a small amount of pressure can create major problems. Left untreated, spinal cord compression can lead to permanent disability, including paralysis. What are the symptoms of spinal cord compression Symptoms of spinal cord compression can appear immediately after an accident or develop slowly over time. Many people brush them off at first, mistaking them for a pulled muscle or general soreness. But these are signs you shouldn’t ignore: 1. Neck or back pain This is often the first and most noticeable symptom. It may feel sharp, burning, or constant. If it radiates down the arms or legs, that’s a red flag. 2. Numbness or tingling A pins-and-needles sensation—especially in your arms, legs, hands, or feet—can mean nerve signals are being disrupted. 3. Muscle weakness You may notice difficulty gripping objects, standing up from a seated position, or walking in a straight line. Weakness is often a sign the nerves controlling those muscles are being compressed. 4. Loss of coordination or balance Trouble with coordination, especially in the hands or when walking, may indicate cervical spinal cord involvement. 5. Loss of bladder or bowel control This is a sign of serious compression, often in the lower (lumbar) spine. It requires emergency care. 6. Paralysis In extreme cases, compression can cut off all communication below the injury site, leading to partial or total paralysis. Symptoms like these need immediate medical evaluation. The longer the spinal cord remains compressed, the higher the chance of long-term damage. Diagnosis and treatment If you’ve been in a car accident and are experiencing any of these symptoms—even mild ones—don’t wait. Medical evaluation usually involves: Neurological exams: Doctors test your reflexes, strength, and sensation. Imaging: MRI scans, CT scans, and X-rays are used to pinpoint the source and extent of compression. Treatment options depend on the severity of the injury but may include: Steroids or anti-inflammatories: These reduce swelling around the spinal cord. Physical therapy: Helps rebuild strength and maintain mobility. Surgical decompression: In some cases, surgery is needed to relieve pressure and stabilize the spine. In most cases, early treatment significantly improves outcomes. But here's the reality: medical care can be expensive, recovery can take months or even years, and insurance companies may not play fair. That’s where having an experienced personal injury attorney comes in. How car accidents cause spinal cord compression Even at speeds under 30 mph, a crash can jolt your body violently enough to cause spinal injury. The forces involved in a rear-end collision can whip the head forward and back in milliseconds. That motion alone can herniate a disc or crack a vertebra. Here’s a breakdown of how different types of accidents can lead to spinal cord compression: Rear-end collisions: Often affect the cervical spine (neck), especially with whiplash injuries. T-bone crashes: Can compress the thoracic spine due to the sideways impact. Rollovers: Increase the risk of complex spinal fractures, especially if seatbelts or airbags fail. Importantly, symptoms may not show up right away. Many people feel fine at the scene and only realize something's wrong days or weeks later. Why legal help matters After a crash, you’ll be dealing with more than just medical appointments. There’s insurance paperwork, time off work, vehicle damage, and pain that doesn’t go away. Insurance companies are trained to minimize payouts. If you delay treatment, they’ll use that against you. If you don’t have documentation, they’ll question your injury. If you try to go it alone, you’ll almost always get less than you’re owed. At Harper, Evans, Hilbrenner & Netemeyer, we’ve handled hundreds of spinal injury cases. We know how to build strong legal claims using medical records, expert opinions, and accident reconstruction. Our goal is to get you full compensation for: Medical bills (past and future) Lost income Pain and suffering Long-term disability or paralysis Loss of quality of life Spinal injuries affect your entire life—your job, your relationships, your independence. You shouldn’t have to face that alone. What to do after a car accident If you’ve been in an accident—even if you feel okay—take these steps: See a doctor immediately. Don’t wait. The sooner the injury is documented, the stronger your case. Keep all medical records. Every test result, prescription, and doctor’s note matters. Don’t talk to the insurance company without legal advice. What you say can be used against you. Call a personal injury attorney. The earlier we get involved, the better we can protect your rights. Contact Harper, Evans, Hilbrenner & Netemeyer We’re not a high-volume firm churning through cases. We give each client personal attention and straight answers. If you’ve suffered spinal cord compression in a car accident, talk to us. We’ll help you understand your options and what your case could be worth. Call us today for a free consultation. There’s no obligation, and we don’t get paid unless you win. You’ve got enough to deal with. Let us handle the legal side while you focus on healing.

“In 2022, nearly 2.8 million nonfatal workplace injuries were reported in the U.S.” (Source: U.S. Bureau of Labor Statistics) That’s more than 7,000 injuries every single day. If you’ve been injured on the job, you might think the process to file for workers’ compensation would be straightforward. But if your injury happened in Missouri—or just across the river in Illinois—the process, your rights, and your compensation can look very different. Understanding those differences could mean the difference between a fast, fair outcome and a long, frustrating legal battle. Here’s what you need to know. Workers’ Compensation Basics: Missouri vs. Illinois Both Missouri and Illinois have workers’ compensation laws in place to protect employees injured in the course of their employment. These systems provide medical treatment, wage replacement, and benefits for permanent disability. But the laws aren't interchangeable. Each state has its own rules on eligibility, reporting deadlines, medical care, wage replacement, and how disputes are handled. If you live in one state and work in another, or if you're an employer with workers in both, it's especially important to understand these state-specific differences. Employer Requirements Missouri Missouri law requires any employer with five or more employees to carry workers' compensation insurance. If the employer is in the construction industry, the requirement drops to just one employee. Illinois Illinois is stricter. Almost all employers, regardless of how many people they employ, must have workers’ comp insurance—even those with just one part-time employee. Why it matters: More workers are automatically covered under Illinois law, especially in smaller workplaces or for part-time workers. If you’re a worker in Illinois, your chances of being covered are higher by default. Choosing Your Doctor Missouri In Missouri, your employer (or their insurer) has the right to choose your treating physician. If you decide to see another doctor, you'll likely be responsible for those costs. Illinois Illinois gives workers more freedom. You can pick your own doctor, and the employer must cover up to two doctors of your choice (along with the treatment they recommend). Some workers may be limited to a network, depending on the employer’s insurance plan. Why it matters: The choice of doctor can directly affect your treatment plan, recovery time, and ultimately your benefits. Illinois gives you more autonomy in choosing who treats your injuries. Wage Replacement Benefits Missouri Missouri pays Temporary Total Disability (TTD) benefits at two-thirds (66.67%) of your average weekly wage. However, there are state-set maximums, which change annually. As of 2024, the weekly TTD cap in Missouri is $1,186.98. Illinois Illinois also pays 66.67% of the injured worker’s average gross wage, but with higher maximum benefits. For injuries occurring between July 15, 2023, and January 14, 2024, the max weekly benefit is $1,848.20 for TTD. Why it matters: Illinois workers may receive higher compensation, especially those earning above-average wages. Missouri’s caps can limit high earners from receiving full wage coverage. Permanent Disability Ratings When your injuries lead to lasting impairment, states assign you a permanent disability rating that affects your benefits. Missouri Missouri uses a scheduled injury chart and considers your disability rating, age, occupation, and impact on future earning capacity. Disputes often require expert medical testimony. Illinois Illinois also uses a schedule of injuries, but applies the “Wage Differential” method if your injury reduces your earning power. This means you might get two-thirds of the difference between your pre- and post-injury wages, possibly for life. Why it matters: Illinois can provide longer-term compensation if your injury lowers your income permanently. Missouri may award a lump sum or time-limited benefits depending on your rating. Reporting Deadlines and Filing Limits Missouri You must notify your employer within 30 days of the injury. The deadline to file a formal claim is 2 years from the date of the injury or last payment of benefits. Illinois In Illinois, the injury must be reported within 45 days, and the statute of limitations is 3 years from the date of injury or 2 years from the last compensation payment—whichever is later. Why it matters: Missing deadlines can mean losing your right to benefits. Illinois gives you slightly more time to report and file a claim. Vocational Rehabilitation Missouri Missouri does not require employers to provide vocational rehabilitation services unless it’s part of a settlement agreement. Illinois Illinois law allows for vocational rehabilitation and job retraining, especially when the injured worker cannot return to their previous job. It’s a recognized part of the benefits structure. Why it matters: If your injury limits your ability to do your old job, Illinois may provide support for training or finding new employment. Missouri typically does not. How Disputes Are Resolved Missouri Disputes go through the Division of Workers’ Compensation, part of the Missouri Department of Labor. If the case isn’t resolved there, it can be appealed to the Labor and Industrial Relations Commission, and then to state courts. Illinois Claims are handled by the Illinois Workers’ Compensation Commission (IWCC). After an arbitrator's decision, it can go to a panel of commissioners, then to the courts. Why it matters: Both systems are administrative, but Illinois tends to have more built-in review steps, which can offer more chances to correct errors—but can also slow down resolution. Settlement Types Missouri In Missouri, settlements are called “Compromise Settlements”. Once finalized, they are binding, and it’s difficult to reopen them except for fraud or mutual mistake. Illinois Illinois allows for “Settlement Contracts”, which can include open medical rights or wage differentials. There’s also the possibility of Section 19(b) petitions for emergency hearings. Why it matters: Illinois provides more flexibility in structuring settlements. Missouri is more final and less open to changes once you sign. Final Thoughts Workers’ compensation laws in Missouri and Illinois may look similar at first glance—but the differences are significant. Whether you’re dealing with wage replacement limits, the choice of doctor, vocational retraining, or settlement options, your state can determine what kind of help you receive—and how fast. If you’re an injured worker, your focus should be on healing—not decoding legal technicalities or fighting with insurance companies. That’s where we come in. Contact Harper, Evans, Hilbrenner & Netemeyer At Harper, Evans, Hilbrenner & Netemeyer, we’ve helped injured workers in Missouri and Illinois for over 30 years. We understand how the systems differ and how to protect your rights—regardless of which side of the river you’re on. Our attorneys don’t just “handle cases.” We handle people’s lives—livelihoods, families, and futures. Don’t leave your compensation to chance. If you’ve been injured at work in Missouri or Illinois, contact Harper, Evans, Hilbrenner & Netemeyer today for a free, no-obligation consultation.

In 2022, Missouri employers reported over 83,000 workplace injuries—and not all of those workers were full-time. That’s right. Part-time employees can and do get hurt on the job just like anyone else. And when they do, the question that often follows is: can part-time workers get workers comp in Missouri? The short answer is yes. But like most legal matters, the details matter. If you’re working fewer hours, you might think you don’t qualify. That’s a common myth. Missouri law doesn’t make that distinction when it comes to worker protections. In this article, we’ll break down what you need to know. We’ll cover whether part-time employees are eligible, what kinds of injuries are covered, and how to file a claim. If you’re hurt and working reduced hours, your legal rights still matter—and you may be owed compensation. Let’s get into it. Do Part-Time Missouri Employees Get Workers Comp Yes. Missouri law requires almost all employers with five or more employees to carry workers’ compensation insurance—and for construction businesses, that number is just one. The law applies to full-time and part-time employees alike. What matters is your status as an employee, not how many hours you work. Here's how it works: If you're classified as an employee (not an independent contractor), you're covered. Your employer must have workers comp insurance if the business meets the threshold. You’re eligible from day one on the job. There’s no waiting period based on employment length. This means that even if you only work weekends or a few hours during the week, you're still protected by Missouri's workers compensation system. You’re entitled to medical care and possibly lost wages if you’re injured at work. Some employers might try to misclassify part-time workers as contractors. This is often legally incorrect—and it can interfere with your rights. If that happens, contact a workers compensation attorney immediately. Types of Injuries Covered Workers comp in Missouri covers injuries and illnesses that arise “out of and in the course of employment.” That includes both one-time incidents and conditions that develop over time. Here are common examples covered under workers comp for part time workers: Slips and falls while on the job Repetitive stress injuries (like carpal tunnel or tendonitis) Lifting injuries resulting in sprains or herniated discs Machinery accidents Exposure to harmful substances (chemicals, mold, etc.) Work-related auto accidents (if driving is part of your duties) Assaults in the workplace under certain conditions Injuries don’t have to happen in a dramatic accident. Even something like twisting your ankle while stocking shelves can qualify—if it happened while performing your job duties. Mental health injuries can also be covered, but they’re harder to prove. Missouri law requires a clear connection to your work conditions, often with accompanying physical injury or trauma. Filing a Workers’ Compensation Claim If you're a part-time worker in Missouri and get injured on the job, here’s what you need to do: 1. Report the injury immediately. Tell your supervisor or employer right away—preferably in writing. Missouri law gives you 30 days from the date of injury to report it, but the sooner you do it, the better. 2. Get medical care. Your employer has the right to choose the doctor. If you see your own doctor without permission, you may have to pay out-of-pocket. Always ask your employer who you should see. 3. Document everything. Write down what happened, who witnessed it, and what injuries you sustained. Keep a copy of every report, medical record, and communication related to your injury. 4. Follow through. Attend your medical appointments. Keep your employer updated. If you're taken off work or put on restricted duty, ask for those instructions in writing. 5. Contact an attorney if your claim is delayed or denied. Unfortunately, employers and insurance companies don’t always act in your best interest. If your claim is being ignored, lowballed, or denied outright, get legal help. Fast. Why It Matters for Part-Time Workers Part-time employees are more likely to: Work irregular hours that make wage loss calculations trickier Be uninsured or underinsured privately Be unaware they have legal protection Have less access to HR or formal reporting systems That can make it easier for employers to take advantage—or just make honest mistakes. Don’t assume your rights don’t apply because of your schedule. In fact, you’re entitled to the same core benefits as full-time employees, including: Paid medical treatment Temporary total disability (TTD) if you can’t work while recovering Permanent partial or total disability for long-term impacts Death benefits for surviving dependents (in fatal cases) Call Harper, Evans, Hilbrenner & Netemeyer If you’re a part-time employee and you’ve been injured at work, don’t guess your way through the system. Workers comp law is strict on deadlines and paperwork. One missed step can delay or cost your benefits. At Harper, Evans, Hilbrenner & Netemeyer, we help injured Missouri workers—full-time or part-time—get the benefits they’re entitled to. We know how to fight wrongful denials and low settlement offers. We know how Missouri courts interpret the law. And we know how to help you move forward. Contact us today to speak with a workers compensation attorney. Your first consultation is free, and we only get paid if you do.

Spinal cord compression is one of the most serious injuries that can result from a car accident. It’s not always obvious right away. The pain may creep in. The numbness might be brushed off. But left untreated, spinal cord compression can cause permanent nerve damage, paralysis, or worse. Roughly 18,000 new spinal cord injuries occur each year in the U.S., and car accidents are the leading cause, responsible for 37.2% of those cases, according to the National Spinal Cord Injury Statistical Center (NSCISC). If you’ve been in a crash—even a minor one—and are now experiencing pain, tingling, or weakness, don’t ignore it. This guide breaks down what spinal cord compression is, what to watch for, and what steps to take if it happens to you. We'll also explain how Harper, Evans, Hilbrenner & Netemeyer can help protect your rights and get you the compensation you’re owed. What is spinal cord compression Spinal cord compression happens when pressure is placed on the spinal cord. That pressure disrupts nerve signals, causes pain, and can even shut down motor function below the injury site. The pressure can come from many sources—a fractured vertebra, a bulging disc, swelling from inflammation, or even fragments of bone. In car accidents, the most common causes of spinal cord compression include: Herniated or ruptured discs: A sudden jolt can force spinal discs out of position. Fractured vertebrae: Broken bones or dislocated vertebrae may collapse onto the spinal cord. Swelling or internal bleeding: Inflammation or hematomas can compress nearby nerves. Whiplash-related trauma: Severe hyperextension of the neck or back can trigger compression, especially in the cervical spine. The spinal cord doesn’t have much room to swell or shift. That’s why even a small amount of pressure can create major problems. Left untreated, spinal cord compression can lead to permanent disability, including paralysis. What are the symptoms of spinal cord compression Symptoms of spinal cord compression can appear immediately after an accident or develop slowly over time. Many people brush them off at first, mistaking them for a pulled muscle or general soreness. But these are signs you shouldn’t ignore: 1. Neck or back pain This is often the first and most noticeable symptom. It may feel sharp, burning, or constant. If it radiates down the arms or legs, that’s a red flag. 2. Numbness or tingling A pins-and-needles sensation—especially in your arms, legs, hands, or feet—can mean nerve signals are being disrupted. 3. Muscle weakness You may notice difficulty gripping objects, standing up from a seated position, or walking in a straight line. Weakness is often a sign the nerves controlling those muscles are being compressed. 4. Loss of coordination or balance Trouble with coordination, especially in the hands or when walking, may indicate cervical spinal cord involvement. 5. Loss of bladder or bowel control This is a sign of serious compression, often in the lower (lumbar) spine. It requires emergency care. 6. Paralysis In extreme cases, compression can cut off all communication below the injury site, leading to partial or total paralysis. Symptoms like these need immediate medical evaluation. The longer the spinal cord remains compressed, the higher the chance of long-term damage. Diagnosis and treatment If you’ve been in a car accident and are experiencing any of these symptoms—even mild ones—don’t wait. Medical evaluation usually involves: Neurological exams: Doctors test your reflexes, strength, and sensation. Imaging: MRI scans, CT scans, and X-rays are used to pinpoint the source and extent of compression. Treatment options depend on the severity of the injury but may include: Steroids or anti-inflammatories: These reduce swelling around the spinal cord. Physical therapy: Helps rebuild strength and maintain mobility. Surgical decompression: In some cases, surgery is needed to relieve pressure and stabilize the spine. In most cases, early treatment significantly improves outcomes. But here's the reality: medical care can be expensive, recovery can take months or even years, and insurance companies may not play fair. That’s where having an experienced personal injury attorney comes in. How car accidents cause spinal cord compression Even at speeds under 30 mph, a crash can jolt your body violently enough to cause spinal injury. The forces involved in a rear-end collision can whip the head forward and back in milliseconds. That motion alone can herniate a disc or crack a vertebra. Here’s a breakdown of how different types of accidents can lead to spinal cord compression: Rear-end collisions: Often affect the cervical spine (neck), especially with whiplash injuries. T-bone crashes: Can compress the thoracic spine due to the sideways impact. Rollovers: Increase the risk of complex spinal fractures, especially if seatbelts or airbags fail. Importantly, symptoms may not show up right away. Many people feel fine at the scene and only realize something's wrong days or weeks later. Why legal help matters After a crash, you’ll be dealing with more than just medical appointments. There’s insurance paperwork, time off work, vehicle damage, and pain that doesn’t go away. Insurance companies are trained to minimize payouts. If you delay treatment, they’ll use that against you. If you don’t have documentation, they’ll question your injury. If you try to go it alone, you’ll almost always get less than you’re owed. At Harper, Evans, Hilbrenner & Netemeyer, we’ve handled hundreds of spinal injury cases. We know how to build strong legal claims using medical records, expert opinions, and accident reconstruction. Our goal is to get you full compensation for: Medical bills (past and future) Lost income Pain and suffering Long-term disability or paralysis Loss of quality of life Spinal injuries affect your entire life—your job, your relationships, your independence. You shouldn’t have to face that alone. What to do after a car accident If you’ve been in an accident—even if you feel okay—take these steps: See a doctor immediately. Don’t wait. The sooner the injury is documented, the stronger your case. Keep all medical records. Every test result, prescription, and doctor’s note matters. Don’t talk to the insurance company without legal advice. What you say can be used against you. Call a personal injury attorney. The earlier we get involved, the better we can protect your rights. Contact Harper, Evans, Hilbrenner & Netemeyer We’re not a high-volume firm churning through cases. We give each client personal attention and straight answers. If you’ve suffered spinal cord compression in a car accident, talk to us. We’ll help you understand your options and what your case could be worth. Call us today for a free consultation. There’s no obligation, and we don’t get paid unless you win. You’ve got enough to deal with. Let us handle the legal side while you focus on healing.

“In 2022, nearly 2.8 million nonfatal workplace injuries were reported in the U.S.” (Source: U.S. Bureau of Labor Statistics) That’s more than 7,000 injuries every single day. If you’ve been injured on the job, you might think the process to file for workers’ compensation would be straightforward. But if your injury happened in Missouri—or just across the river in Illinois—the process, your rights, and your compensation can look very different. Understanding those differences could mean the difference between a fast, fair outcome and a long, frustrating legal battle. Here’s what you need to know. Workers’ Compensation Basics: Missouri vs. Illinois Both Missouri and Illinois have workers’ compensation laws in place to protect employees injured in the course of their employment. These systems provide medical treatment, wage replacement, and benefits for permanent disability. But the laws aren't interchangeable. Each state has its own rules on eligibility, reporting deadlines, medical care, wage replacement, and how disputes are handled. If you live in one state and work in another, or if you're an employer with workers in both, it's especially important to understand these state-specific differences. Employer Requirements Missouri Missouri law requires any employer with five or more employees to carry workers' compensation insurance. If the employer is in the construction industry, the requirement drops to just one employee. Illinois Illinois is stricter. Almost all employers, regardless of how many people they employ, must have workers’ comp insurance—even those with just one part-time employee. Why it matters: More workers are automatically covered under Illinois law, especially in smaller workplaces or for part-time workers. If you’re a worker in Illinois, your chances of being covered are higher by default. Choosing Your Doctor Missouri In Missouri, your employer (or their insurer) has the right to choose your treating physician. If you decide to see another doctor, you'll likely be responsible for those costs. Illinois Illinois gives workers more freedom. You can pick your own doctor, and the employer must cover up to two doctors of your choice (along with the treatment they recommend). Some workers may be limited to a network, depending on the employer’s insurance plan. Why it matters: The choice of doctor can directly affect your treatment plan, recovery time, and ultimately your benefits. Illinois gives you more autonomy in choosing who treats your injuries. Wage Replacement Benefits Missouri Missouri pays Temporary Total Disability (TTD) benefits at two-thirds (66.67%) of your average weekly wage. However, there are state-set maximums, which change annually. As of 2024, the weekly TTD cap in Missouri is $1,186.98. Illinois Illinois also pays 66.67% of the injured worker’s average gross wage, but with higher maximum benefits. For injuries occurring between July 15, 2023, and January 14, 2024, the max weekly benefit is $1,848.20 for TTD. Why it matters: Illinois workers may receive higher compensation, especially those earning above-average wages. Missouri’s caps can limit high earners from receiving full wage coverage. Permanent Disability Ratings When your injuries lead to lasting impairment, states assign you a permanent disability rating that affects your benefits. Missouri Missouri uses a scheduled injury chart and considers your disability rating, age, occupation, and impact on future earning capacity. Disputes often require expert medical testimony. Illinois Illinois also uses a schedule of injuries, but applies the “Wage Differential” method if your injury reduces your earning power. This means you might get two-thirds of the difference between your pre- and post-injury wages, possibly for life. Why it matters: Illinois can provide longer-term compensation if your injury lowers your income permanently. Missouri may award a lump sum or time-limited benefits depending on your rating. Reporting Deadlines and Filing Limits Missouri You must notify your employer within 30 days of the injury. The deadline to file a formal claim is 2 years from the date of the injury or last payment of benefits. Illinois In Illinois, the injury must be reported within 45 days, and the statute of limitations is 3 years from the date of injury or 2 years from the last compensation payment—whichever is later. Why it matters: Missing deadlines can mean losing your right to benefits. Illinois gives you slightly more time to report and file a claim. Vocational Rehabilitation Missouri Missouri does not require employers to provide vocational rehabilitation services unless it’s part of a settlement agreement. Illinois Illinois law allows for vocational rehabilitation and job retraining, especially when the injured worker cannot return to their previous job. It’s a recognized part of the benefits structure. Why it matters: If your injury limits your ability to do your old job, Illinois may provide support for training or finding new employment. Missouri typically does not. How Disputes Are Resolved Missouri Disputes go through the Division of Workers’ Compensation, part of the Missouri Department of Labor. If the case isn’t resolved there, it can be appealed to the Labor and Industrial Relations Commission, and then to state courts. Illinois Claims are handled by the Illinois Workers’ Compensation Commission (IWCC). After an arbitrator's decision, it can go to a panel of commissioners, then to the courts. Why it matters: Both systems are administrative, but Illinois tends to have more built-in review steps, which can offer more chances to correct errors—but can also slow down resolution. Settlement Types Missouri In Missouri, settlements are called “Compromise Settlements”. Once finalized, they are binding, and it’s difficult to reopen them except for fraud or mutual mistake. Illinois Illinois allows for “Settlement Contracts”, which can include open medical rights or wage differentials. There’s also the possibility of Section 19(b) petitions for emergency hearings. Why it matters: Illinois provides more flexibility in structuring settlements. Missouri is more final and less open to changes once you sign. Final Thoughts Workers’ compensation laws in Missouri and Illinois may look similar at first glance—but the differences are significant. Whether you’re dealing with wage replacement limits, the choice of doctor, vocational retraining, or settlement options, your state can determine what kind of help you receive—and how fast. If you’re an injured worker, your focus should be on healing—not decoding legal technicalities or fighting with insurance companies. That’s where we come in. Contact Harper, Evans, Hilbrenner & Netemeyer At Harper, Evans, Hilbrenner & Netemeyer, we’ve helped injured workers in Missouri and Illinois for over 30 years. We understand how the systems differ and how to protect your rights—regardless of which side of the river you’re on. Our attorneys don’t just “handle cases.” We handle people’s lives—livelihoods, families, and futures. Don’t leave your compensation to chance. If you’ve been injured at work in Missouri or Illinois, contact Harper, Evans, Hilbrenner & Netemeyer today for a free, no-obligation consultation.

Roughly 2 million people in the U.S. suffer car accident-related injuries each year, according to the CDC. Some are obvious right away — broken bones, whiplash, cuts. Others creep in slowly. One of those is spinal stenosis. Spinal stenosis doesn’t always hit you the same day as the crash. It might show up weeks later — numbness in your arms or legs, pain that radiates down your back, tingling that won’t go away. You might think it’s just soreness or aging. But if the narrowing of your spinal canal started after a car accident, you may be dealing with something serious — and you may be eligible for compensation. If you’ve been diagnosed with spinal stenosis after an accident, or you’re starting to show signs, this article walks you through what it means, how it connects to auto collisions, and what the spinal stenosis claims process looks like. Let’s get right into it. What is spinal stenosis Spinal stenosis is a condition where the spaces within your spine — particularly the spinal canal — become narrower. This narrowing puts pressure on the nerves traveling through the spine, which can lead to significant pain, numbness, and weakness, often in the arms or legs. There are two major types of spinal stenosis: Cervical stenosis, which occurs in the neck Lumbar stenosis, the most common type, which affects the lower back Symptoms depend on the location and severity of the narrowing. People with cervical spinal stenosis might have trouble with balance, coordination, or hand function. Those with lumbar spinal stenosis often report leg cramps, shooting pain down the legs (sciatica), or a heavy feeling when walking. You don’t need to be elderly to develop this. While degenerative changes related to aging are a common cause, trauma — like that from a car crash — can cause similar narrowing by altering the structure of the spine. Can spinal stenosis be caused by an auto accident Yes. Trauma is a recognized cause of spinal stenosis, especially in previously healthy individuals. The spine is a delicate system of vertebrae, discs, joints, and nerves. A high-impact collision can throw it out of balance instantly. Here’s what can happen in a crash: Bulging or herniated discs can protrude into the spinal canal. Fractured vertebrae or bone fragments may press against the spinal cord or nerves. Whiplash injuries, especially in rear-end collisions, can destabilize the spine and lead to long-term inflammation or structural changes. This process doesn’t always trigger immediate symptoms. You might walk away from the accident thinking you’re fine. But over weeks or months, pain, numbness, and weakness may set in as inflammation builds or disc material shifts more into the spinal canal. It’s not uncommon for patients to be diagnosed with spinal stenosis during imaging done weeks after the crash — often after initial treatments for whiplash or soft tissue injuries fail to resolve the pain. This delayed onset makes documentation extremely important. Is spinal stenosis a permanent injury In many cases, yes. Spinal stenosis is considered a degenerative condition, and once it begins, it often doesn’t reverse on its own. Treatment focuses on managing symptoms and slowing progression, not curing the condition. Physical therapy, anti-inflammatory medications, corticosteroid injections, and chiropractic care may help in the short term. But if these conservative treatments don’t offer relief, surgery may be recommended — typically a laminectomy or spinal fusion. Even then, there’s no guarantee of full recovery. According to the National Institute of Neurological Disorders and Stroke, the long-term outcome for spinal stenosis varies widely. Some people maintain function with ongoing therapy; others experience progressive disability. If the condition leads to permanent nerve damage, the effects may include chronic pain, loss of mobility, or loss of function in certain limbs. In legal terms, a permanent injury can significantly increase the value of a personal injury settlement. It impacts your quality of life, your ability to earn income, and sometimes your need for future medical care or home modifications. Can you drive a car with spinal stenosis Possibly — but there are limitations. Driving requires physical strength, quick reaction time, and range of motion. If your spinal stenosis limits any of these, driving could be dangerous to you and others. Cervical stenosis may restrict your ability to turn your head or neck, making it hard to check blind spots. Lumbar stenosis can cause numbness or weakness in the legs, which affects braking or accelerating safely. Long drives might also trigger pain flare-ups or muscle spasms that make it harder to concentrate. If you’re prescribed painkillers, muscle relaxants, or anti-inflammatories, you may experience drowsiness or delayed response times. These side effects can increase crash risk and may invalidate your car insurance in the event of a collision. In some cases, people with moderate to severe spinal stenosis have their licenses restricted or suspended based on medical reports. Always talk to your doctor before getting behind the wheel if you’ve been diagnosed. Will I be paralyzed from spinal stenosis Paralysis from spinal stenosis is rare, but not impossible. The risk depends on how severely the spinal cord is compressed and where the compression occurs. The most dangerous area is the cervical spine. If the narrowing of the canal is significant and it compresses the spinal cord, it can result in a condition called myelopathy — which may lead to: Muscle weakness Loss of balance Loss of bladder or bowel control Permanent nerve damage Partial or full paralysis Again, these outcomes are not the norm, but they are a possibility in high-impact trauma cases. If you’ve been in a serious crash and are showing signs like sudden weakness, incontinence, or severe nerve pain, you need medical attention immediately. From a legal standpoint, these severe symptoms greatly increase the potential value of a settlement. They demonstrate not just short-term pain but long-term or permanent disability. Spinal stenosis claims process Filing a spinal stenosis claim after a car accident isn’t just about paperwork. It’s about telling the full story — clearly, completely, and backed by evidence. 1. Medical diagnosis and records Everything starts with your diagnosis. A primary care doctor might be the first to flag your symptoms, but you’ll likely need a neurologist or orthopedic spine specialist. Imaging (MRI or CT scans) will confirm whether stenosis is present and what’s causing it. 2. Establishing causation This is where many cases hit a wall. You need to connect your spinal stenosis directly to the accident. Insurance companies will try to argue it was pre-existing, degenerative, or unrelated. That’s why timing, symptoms, and past medical history are critical. An attorney may work with your doctors or hire independent medical experts to help show how the crash caused or worsened the condition. 3. Calculating damages Spinal stenosis can lead to thousands in medical bills, missed work, or reduced future earnings. Other damages can include: Pain and suffering Future treatment needs Disability or lifestyle changes Loss of ability to participate in normal activities 4. Negotiation or litigation Once your claim is prepared, your attorney will present it to the insurance company. If the offer isn’t fair, your legal team may file a lawsuit and prepare for trial. Most cases settle before they reach court, but being prepared for both paths is key. Contact Harper, Evans, Hilbrenner & Netemeyer Spinal stenosis after a crash isn’t just a health issue. It’s a legal one — and it can impact your future. If you’re struggling with pain, medical bills, or lost wages after an accident, it’s time to speak with an attorney. At Harper, Evans, Hilbrenner & Netemeyer, we’ve handled countless injury cases involving spinal injuries, nerve damage, and long-term impairments. We know what insurance companies look for — and how to fight back with clear, evidence-driven claims. Reach out for a free case review today. There’s no pressure, and no upfront cost. Let’s talk about your rights, your options, and how we can help.

One second, you’re driving. Next, everything changes. If you’ve been in a crash and are now dealing with severe back pain, tingling, or weakness—you might have a herniated disc. And if that disc injury came from a car accident, you need to understand your rights, your treatment options, and how to protect your health and your claim. A herniated disc after a car accident isn’t just painful. It can affect your ability to work, sleep, and function. But here's the good news: you're not stuck. With the right information—and the right legal support—you can take clear steps to recover, physically and financially. Let’s break it down. What is a herniated disc after a car accident Your spine is made up of vertebrae separated by soft, rubbery discs. These discs act like cushions. When the force from a car crash is too much, one of those discs can get pushed out of place or ruptured. That’s a herniated disc. This can happen even in low-speed accidents. Rear-end collisions are a major cause. The sudden whip of the neck and spine can put intense pressure on the spine’s discs. In a herniated disc, the inner gel-like core (nucleus pulposus) leaks out through the outer layer (annulus fibrosus). When that leaked material touches a nerve, pain happens. And not just in your back. Pain can radiate down your arms or legs depending on the disc location. Common causes of disc herniation in crashes: Seatbelt restraints tightening suddenly Whiplash Direct impact to the back or neck Twisting movements during impact Some people have pre-existing disc issues without symptoms. An accident can aggravate or worsen these, turning a manageable condition into a debilitating one. Symptoms of herniated disc after a car accident Symptoms don’t always show up right away. Many people walk away from the scene thinking they’re fine—only to wake up in serious pain the next day. Here’s what to watch for: Back or neck pain Dull or sharp pain in the spine, especially in the lower back (lumbar) or neck (cervical) area. Numbness or tingling You may feel pins and needles in your arms, hands, legs, or feet. This happens when the herniated disc presses on a nerve root. Muscle weakness Struggling to lift objects or feeling one limb is weaker than the other is a red flag. Pain that radiates Sciatica—pain that shoots down the buttocks and leg—is common with lumbar herniation. Cervical herniation can cause arm or shoulder pain. Loss of bladder or bowel control This is rare, but if it happens, get emergency medical attention immediately. It could indicate cauda equina syndrome, a serious condition caused by severe nerve compression. Don’t guess. These symptoms might resemble a pulled muscle or general soreness. But if you’ve been in a crash, assume it could be more. Get evaluated. Testing and diagnosis Accurate diagnosis is key. You can’t treat what you don’t identify. Start by seeing a doctor as soon as symptoms begin—or sooner. Don’t wait for the pain to become unbearable. Early medical records help your health and your injury claim. Here’s what to expect in the diagnostic process: Physical examination The doctor will check your reflexes, strength, and range of motion. They'll ask questions about pain location, intensity, and what makes it better or worse. Imaging tests MRI (Magnetic Resonance Imaging) – This is the most reliable way to detect a herniated disc. It shows soft tissues and nerve compression. CT scan – Offers detailed images if MRI isn’t possible. X-rays – While they don’t show herniated discs, they can rule out fractures or alignment issues. EMG (Electromyography) – Measures nerve and muscle function to confirm nerve compression. If your injury came from a car accident, be clear with your doctor. Documentation should connect your symptoms directly to the crash. This helps build a solid legal case. Treatment options Treatment depends on how severe the herniation is. Most people don’t need surgery—but they do need a clear plan. Ignoring a herniated disc can lead to chronic pain, permanent nerve damage, or disability. 1. Conservative treatment Most doctors start here: Rest and activity modification – Limit heavy lifting and twisting movements. Physical therapy – Exercises to reduce pain, increase mobility, and strengthen your core. Medications – Anti-inflammatories, muscle relaxers, or short-term opioids. Epidural steroid injections – Reduce inflammation around the nerve. These treatments can last from several weeks to a few months. If there’s no improvement, your doctor may recommend the next step. 2. Surgery Surgical options are usually reserved for severe cases or those that don’t respond to other treatments. Common procedures include: Discectomy – Removal of the herniated portion of the disc. Laminectomy – Removal of part of the vertebra to relieve nerve pressure. Spinal fusion – Stabilizing the spine by fusing two or more vertebrae together. Surgery comes with risks and recovery time. But for many people, it brings relief after months—or years—of debilitating pain. Why legal help matters Medical care for a herniated disc after a car accident can be expensive. MRIs, physical therapy, lost income, surgery—it adds up fast. And in many cases, the insurance company will argue that your condition was pre-existing or unrelated to the crash. That’s where legal representation comes in. At Harper, Evans, Hilbrenner & Netemeyer, we’ve handled hundreds of injury cases involving herniated discs from car accidents. We know how to: Gather strong medical evidence Deal with insurance adjusters who try to minimize your claim Prove the accident directly caused or worsened your condition Fight for compensation for medical bills, lost wages, pain, and long-term care The sooner you contact an attorney, the better. We help protect your rights from day one. You focus on healing—we handle the legal side. Don’t ignore your symptoms If you’ve been in a car accident and are now dealing with back or neck pain, tingling, or weakness—get checked. You don’t have to be in a major crash to suffer a serious injury. A herniated disc after a car accident can turn your life upside down. But with timely medical care and the right legal support, recovery is possible. Need help after a car crash injury? Call Harper, Evans, Hilbrenner & Netemeyer today for a free consultation. We’ll review your case, explain your rights, and help you move forward. 📞 (573) 442-1660 🌐 www.lawmissouri.com

Workplace injuries happen every day. Whether you work in construction, manufacturing, healthcare, or any other industry, the risk of injury is always present. If you get hurt on the job, workers compensation laws determine what benefits you can receive. But here's the catch: not all states handle workers compensation the same way. Missouri and Kansas have different laws governing workers compensation claims. These differences impact everything from how claims are filed to what benefits injured workers receive. If you work in one state but live in the other, or if your company operates in both states, understanding these distinctions is critical. At Harper, Evans, Hilbrenner & Netemeyer, we help injured workers get the compensation they deserve. This article explains the key differences between Missouri and Kansas workers compensation cases so you can better understand your rights. How Workers Compensation Laws Differ in Missouri and Kansas Fault and No-Fault Systems Workers compensation is designed to provide benefits to employees injured on the job, regardless of fault. Both Missouri and Kansas operate under no-fault workers compensation systems, meaning an employee does not have to prove the employer was negligent to receive benefits. However, the two states handle some aspects of claims differently. In Missouri, workers compensation laws tend to be more favorable to employees. The system allows broader access to benefits and has fewer restrictions on claims. Kansas, on the other hand, has stricter rules for approving claims and calculating benefits. This means workers in Kansas may face more hurdles when seeking compensation compared to those in Missouri. Employer Coverage Requirements The laws in Missouri and Kansas differ regarding which employers must provide workers compensation coverage: Missouri: Any employer with five or more employees must provide workers compensation insurance. However, construction industry employers must carry coverage if they have one or more employees. Kansas: Employers with at least one employee are generally required to have workers compensation insurance. However, certain agricultural employers and independent contractors may be exempt. If you are unsure whether your employer is required to carry workers compensation insurance, an experienced attorney can help clarify your rights. Choosing a Doctor for Treatment Medical treatment is a major part of any workers compensation claim, and the rules in Missouri and Kansas differ significantly when it comes to selecting a doctor. Missouri: The employer has the right to choose the medical provider. If the employee seeks treatment from a different doctor without employer approval, they may have to cover those expenses themselves. Kansas: The employer also selects the doctor in most cases, but employees have a little more flexibility. If the worker is not satisfied with the employer-selected doctor, they may request a change. Kansas law allows up to $500 in unauthorized medical expenses for treatment from a doctor of the worker’s choosing. If you are unhappy with the medical care you receive under workers compensation , legal guidance can help you explore your options. Wage Replacement and Disability Benefits Both Missouri and Kansas provide wage replacement benefits for workers who are unable to work due to their injuries. However, the way these benefits are calculated varies between states. Missouri: Temporary total disability (TTD) benefits are 66.67% of the worker’s average weekly wage, subject to a state maximum. Permanent partial and total disability benefits are also calculated based on the severity of the injury and the worker’s earning capacity. Kansas: The state also provides 66.67% of the average weekly wage, but the weekly maximum benefits are typically lower than those in Missouri. Additionally, Kansas has stricter rules about how long benefits are paid and how permanent impairments are rated. For example, in Missouri, a permanently disabled worker may qualify for lifetime payments, while Kansas often caps benefits at $155,000 for total disability cases. Waiting Periods and Maximum Benefit Durations Each state has its own rules about when wage benefits begin and how long they last: Missouri: There is a three-day waiting period before benefits start. If the worker is unable to work for more than 14 days, they can receive compensation for the initial three-day waiting period. Kansas: Benefits also begin after a seven-day waiting period, but the worker can only recover payment for the first seven days if their disability lasts longer than 21 days. These waiting periods can impact workers significantly, especially those living paycheck to paycheck. Understanding these rules can help injured employees plan accordingly. Permanent Disability and Impairment Ratings When a worker suffers a lasting impairment, they may qualify for permanent disability benefits. The method for determining permanent disability differs between the two states. Missouri: Missouri uses a whole-body approach to determine permanent disability. A medical expert assigns an impairment rating, and compensation is based on this percentage. Kansas: Kansas follows the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment, which often leads to lower impairment ratings. This means workers in Kansas may receive less compensation than those with similar injuries in Missouri. Workers Compensation Settlements Many workers compensation cases end in settlements rather than going to trial. Settlement laws vary slightly between Missouri and Kansas. Missouri: Settlements must be approved by an administrative law judge to ensure they are fair to the worker. Kansas: Settlements may be reviewed by a judge, but in some cases, they are handled through the Kansas Division of Workers Compensation without a formal hearing. If you are considering a settlement, working with an attorney can help ensure you receive fair compensation for your injuries. Why Legal Representation Matters Understanding the differences between Missouri and Kansas workers compensation laws is important, but the claims process can still be complicated. Insurance companies often try to minimize payouts, and employers may challenge claims to avoid higher insurance premiums. An experienced workers compensation attorney can help by: Ensuring your claim is filed correctly Challenging denied claims or low benefit offers Negotiating fair settlements Advocating for necessary medical treatment At Harper, Evans, Hilbrenner & Netemeyer, we have extensive experience handling workers compensation claims in both Missouri and Kansas. We understand the nuances of each state’s laws and fight to get injured workers the benefits they deserve. Contact Harper, Evans, Hilbrenner & Netemeyer for Help If you’ve been injured at work in Missouri or Kansas, you need an attorney who knows the ins and outs of both states’ workers compensation systems. The team at Harper, Evans, Hilbrenner & Netemeyer is ready to guide you through the process and protect your rights. Don’t let confusing laws or insurance company tactics stand between you and the compensation you deserve. Call us today for a consultation and get the legal support you need to recover and move forward with confidence.

Settling a workers’ compensation claim is a significant step, but if you receive or will soon receive Medicare, your settlement could have lasting financial and medical consequences. Medicare has strict rules about who pays for work-related injuries, and failing to follow these regulations could result in denied coverage or unexpected costs down the road. One key consideration in workers' compensation settlements is a workers' compensation Medicare set-aside (WCMSA). This is a portion of the settlement that must be reserved for future medical expenses related to your injury—expenses that Medicare would otherwise cover. Failing to establish a proper MSA could lead to Medicare refusing to pay for future medical treatments related to your workers’ comp claim. If you're in the process of settling a workers’ compensation case, you need to understand how Medicare is involved and what steps you must take to protect your benefits. Medicare Set-Aside Account A Medicare Set-Aside Account (MSA) is an arrangement in which part of your workers’ compensation settlement is allocated specifically for future medical expenses related to your work injury. Medicare requires these funds to be spent before it will cover any injury-related treatments. The purpose of an MSA is to protect Medicare’s financial interests. If you settle a workers' comp claim for an amount that includes future medical expenses but don't set aside funds for those costs, Medicare could refuse to pay for treatment related to your injury until you have spent the settlement money yourself. Here’s how an MSA typically works: A portion of your workers’ compensation settlement is placed into a separate account. The funds in this account can only be used for medical expenses related to your work injury. You must follow strict Medicare guidelines when using the funds and keep detailed records of expenses. Medicare will not pay for any injury-related care until the MSA funds have been exhausted. For some, setting up an MSA is straightforward, but for others, determining how much to set aside and managing the account properly can be complex. This is where legal guidance becomes essential. Is a Medicare Set-Aside Mandatory? Not every workers' compensation settlement requires an MSA, but certain cases do. Medicare has specific rules about when an MSA is required, based on settlement amounts and Medicare eligibility status. An MSA is mandatory if: You are a current Medicare beneficiary and your settlement exceeds $25,000. You are not yet on Medicare but are reasonably expected to enroll within 30 months, and your settlement is greater than $250,000. Even if an MSA is not legally required, Medicare still has the right to refuse payment for work-related injury treatments if it determines that settlement funds should have been used first. This is why many legal professionals recommend setting up an MSA, even in cases where it's not strictly mandatory. If you don't establish an MSA when required, Medicare can: Deny payment for any medical treatment related to your injury. Demand repayment for any costs Medicare incurs related to your injury. Investigate your settlement to ensure compliance with federal law. If you’re unsure whether your workers’ compensation settlement requires an MSA, consulting an attorney experienced in workers' compensation and Medicare is crucial. Compromise and Release Medicare Set-Aside A Compromise and Release (C&R) settlement is another way to resolve a workers’ compensation case. In a C&R agreement, the injured worker receives a lump-sum payment in exchange for releasing the employer and insurer from future claims. This means that instead of receiving ongoing benefits, the worker gets a one-time payout and assumes responsibility for all future medical costs. If a settlement includes a C&R, an MSA may still be required. Here’s why: If the worker is a Medicare beneficiary, Medicare may still require a portion of the settlement to be placed in an MSA to cover future injury-related medical expenses. Even in cases where a C&R is used, Medicare can still demand repayment if it believes settlement funds were used improperly. Workers who fail to properly allocate their settlement for medical expenses could end up losing Medicare coverage for treatments related to their injury. While a C&R settlement can be beneficial in some cases, it also carries risks. If you agree to a lump sum without properly setting aside funds for future medical care, you could find yourself without the money needed to cover necessary treatments. Before agreeing to a Compromise and Release settlement involving Medicare, it’s critical to consult an attorney who understands the intersection of workers’ compensation and Medicare laws. Common Mistakes to Avoid When Settling a Workers' Compensation Case with Medicare 1. Failing to Establish an MSA When Required If your settlement meets Medicare’s criteria, not setting up an MSA could lead to Medicare refusing coverage for future treatments. 2. Underfunding the MSA If you don’t allocate enough funds to your MSA, Medicare may require you to personally cover medical expenses before it steps in. 3. Improperly Spending MSA Funds MSAs have strict usage rules. The funds can only be spent on Medicare-covered services related to your work injury. Misuse could result in Medicare rejecting future claims. 4. Not Reporting the Settlement to Medicare The Centers for Medicare & Medicaid Services (CMS) must be notified of your settlement. Failing to report it can cause delays in future Medicare coverage. 5. Attempting to Handle the Process Alone Medicare’s rules regarding workers’ compensation settlements are complex. An attorney can help you structure your settlement properly and avoid costly mistakes. Get Legal Guidance for Your Workers' Compensation and Medicare Case If you’re settling a workers’ compensation case and have Medicare or expect to qualify soon, handling the process incorrectly could jeopardize your future benefits. Medicare has strict rules, and failing to follow them can lead to unexpected medical expenses or loss of coverage. At Harper, Evans, Hilbrenner & Netemeyer, we have extensive experience helping injured workers navigate workers’ compensation and Medicare issues. Whether you need guidance on setting up a workers' compensation MSA, negotiating a Compromise and Release settlement, or ensuring compliance with Medicare’s regulations, our legal team is ready to help. Don’t take risks with your settlement. Contact Harper, Evans, Hilbrenner & Netemeyer today for a consultation and protect your future medical coverage.
Let's look at why divorce lawyers say Zuckerberg's marriage was timed to take place after he took his company public. From the experts at HEHN.