Ask the Attorney - Webster & Carlton

Ask the Attorney - Webster & Carlton

Ask the Attorney - Webster & Carlton

Ask the Attorney - Webster & Carlton

Schedule

Tuesday 8:40am - 8:43am
At our approachable, down-to-earth Missouri law firm of workers’ compensation lawyers, we will put you at ease as we help you seek compensation for your injuries. We offer free initial consultations with an attorney at both offices, allowing you to receive experienced, knowledgeable advice risk-free.
The guys can speak about themselves or education at this time if they want 

Matthew B. Webster

Attorney

Matthew B Webster was born and raised in Joplin, Missouri. He received his undergraduate degree from the University of Missouri – Columbia in 1994 and attained his Juris Doctorate degree in 1997.  Matt has practiced law in Jasper County since passing the bar exam in the fall of 1997.

He is a member of the Jasper County and American Bar Association as well as the Missouri Bar Association, where he served a one year term as a member of the Young Lawyers Council and as the Missouri Bar Young Lawyers Representative to the Young Lawyers Division of the American Bar Association.

Matt and Kerry were married in 1995 and two children, William, who was born in September of 1999 and Ashley who was born in March of 2007.  Matt is an avid outdoorsman with a love of hunting, fishing and camping.
 

Thomas P. Carlton

Attorney

Thomas P. Carlton was born in Carthage, MO. in 1974, where his family still resides. He received a Bachelor of Science degree in Political Science from Southwest Missouri State University in December, 1996. He attained his Juris Doctorate from the University of Arkansas, School of Law in 2000. Since passing the bar exam in July 2000, he has practiced in Joplin and Springfield, MO. He is a member of the American Trial Lawyer Association, the Missouri Association of Trial Attorneys, The American Bar Association, The Missouri Bar, and the Jasper County Bar. He practices primarily in the areas of workers’ compensation.

Tom and has four children, Meaghan, Patrick, Brady, and Carrigan. Tom is a member of the Board of Directors of the Carthage Fair Acre, Family YMCA and the Carthage Youth Football board.  He enjoys working out, reading and entertainment.  Tom volunteers his time coaching youth football and baseball.


Explain Loyalty to an employer; many employees don't want to report a case....why is this?

What are the reporting requirements for a work competition case? 
For a workers’ compensation case to be valid, you generally need: (1) to be a covered employee,

(2) an injury/illness tied to your work, (3) timely notice to your employer and filing, and (4) medical proof that work caused or aggravated the condition.    

 Missouri has some key rules if the injury occurs here:

  • Most employers with 5 or more employees must carry workers’ compensation; construction employers usually must carry it with even 1 employee

  • You must report the injury to your employer in writing within 30 days of the accident or of discovering a work‑related illness.

  • You must file a formal “Claim for Compensation” with the Missouri Division of Workers’ Compensation, generally within 2 years of the date of injury, death, or last benefit payment.

  • File using the Division’s Claim for Compensation form, which you can mail to the Division.

Most states use very similar basic elements: Missouri? 

  • There is an employer–employee relationship (not an independent contractor in most cases).

  • The employer is required to carry, or actually carries, workers’ compensation insurance.

  • There is a real injury or occupational disease, documented by medical records.

  • The injury arose “in the course and scope” of employment (happened while doing your job or due to job conditions, not a purely personal activity).

  • A causal link exists between the work and the injury or the worsening of a pre‑existing condition (direct cause, aggravation, acceleration, or precipitation).

When should I report an accident and is this important to my case?  What is the time limit?
 
You should report a work accident to your employer as soon as possible. In Missouri, you generally must do this in writing within 30 days; this is very important for protecting your right to benefits. More details on this topic 

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