Workers Comp-related Services — Practitioners in multiple areas of law assisting you together, for no extra charge
I’ve arranged with some well-respected lawyer colleagues to provide a level of service designed to stand out from the norm, for the same exact contingency fee percentage as just about everyone else charges, 25%.
The services described in this article are available STATEWIDE, including Columbia, Moberly, Springfield and Joplin.
(I explain below how I can provide these services statewide)
HERE’S THE DEAL: Sign up for your Comp representation through ME, and as part of the ordinary common 25% workers comp contingency fee, (without any extra contingency fee percentage), I will provide a reasonable level of legal counseling and legal assistance with the difficult Employment Law Issues that very commonly arise in connection with Workers Comp claims. I explain this concept in more detail below. The more serious your injury or work-related health condition is, the more complex the employment law issues might become.
AN EXPERIENCED WORKERS COMP LAWYER WILL ALSO BE WORKING WITH YOU: You will get the benefit of professional handling of the technicalities of your Workers Comp claim by selected well-respected Missouri lawyers who concentrate their practice in Workers Compensation, and who have agreed to work with me in serving your needs. The technical aspects of your workers comp claim will be handled primarily by my colleague.
IN ADDITION, you will receive experienced legal assistance during your claim from ME, an Employment Law practitioner. I and my staff will assist you with the often complex Employment Law Issues that arise in connection with Workers Comp claims. For example:
- RETALIATION, DISCRIMINATION, or a HOSTILE WORK ENVIRONMENT may start brewing, arising from your workers comp claim. We call this Workers Comp Retaliation. You may find the employer’s attitude toward you changes, because you dared file a claim. The employer may start to nitpick your time records, or give you duties designed to exceed your limitations, setting you up for failure and termination. You might find that you “cannot do anything right anymore”. These are very troubling circumstances, and they create enormous stress. See my article about Stress and Depression arising from job problems. The single best way to prevent loss of your job is to recognize the climate of retaliation as it develops, and take action to try to stop it! It wouldn’t hurt to have an Employment Law practitioner signed up from the start, without any extra cost to you, to assist you in trying to resolve this problem.
- FMLA LEAVE issues, and negotiations about job restoration or alternative positions. The Federal FMLA law gives you certain rights, but it also gives the employer certain rights. Employers are becoming more & more savvy about how to use the nuances of the FMLA law against you. It’s now more common that employers are denying FMLA leave, or denying job restoration, or disputing a doctor’s fitness for duty statement, or demanding second (and even third) medical opinions about the FMLA leave, or fighting with you about how MUCH leave you are entitled to. These are difficult issues that can cost you your job! It won’t hurt to have an employment law practitioner watching out for you during this process.
- RETURN TO WORK PROBLEMS: Many employers are not keen on having you easily return to work. After all, you dared file a comp claim against them, and they might view you as a gold-digging enemy! (Yes, lots of employers seem to feel that way, unfortunately). So the employer tries his best to prevent you from returning to work, perhaps using the nuances of the FMLA law. Light Duty might be denied to you, when it SHOULD be granted to you – that’s a very common way in which employers try to force you to burn up ALL your sick time, so they can fire you for “missing too much work”. It won’t hurt to have an Employment Law practitioner monitoring the situation as it unfolds, who can take reasonable steps to try to protect your job, without extra cost to you.
- MORE ABOUT RETURN TO WORK and LIGHT DUTY ISSUES: Employers commonly deny light duty, forcing you to use up all your sick leave, even though you are mostly fit for work. Often the employer’s reasoning for the denial is questionable and may be a sham to mask a desire to get you fired. Denial of light duty might be evidence of Works Comp Retaliation, or might even constitute a violation of the FMLA, or the Disability Discrimination laws. It won’t hurt to have an Employment Law practitioner monitoring the situation as it unfolds, who can take reasonable steps to try to protect your job, without extra cost to you.
- DISABILITY ISSUES may arise, such as negotiating with the employer regarding “reasonable accommodation”. You may or may not have a health situation that rises to the level of a Legally Protected Disability. But it wouldn’t hurt to have an Employment Law practitioner signed up from the start, without extra cost to you, to give you reasonable assistance in trying to stay employed.
- WRONGFUL TERMINATION CONSULTATION: If you lose your job during the life of your workers comp claim, you will be entitled to a no-charge consultation to discuss whether the circumstances of your termination might give you strong legal rights to take action against the employer.
- UNEMPLOYMENT BENEFIT CONSULTATION: If you lose your job during the life of your workers comp claim, and your unemployment claim is denied, you will be entitled to a no-charge consultation to provide you with advice about how you might be able to win your Unemployment Appeal on your own. I will give you the benefit of long experience fighting unemployment battles, without charging the usually-exhorbitant consult fees that everyone else has to pay. During the consultation, we will also discuss whether the circumstances of your termination might give you strong legal rights to take action against the employer.
What do I get out of this arrangement?
- I will receive a share of the contingency fees arising from your Workers Comp claim.
- I will enjoy the satisfaction of sometimes being able to make the difference between you losing your job and keeping your job. It’s SO sad when people lose their jobs arising from health issues. I consult with people regularly about their health-related job loss, people I’ve never spoken with before, who came to me AFTER getting fired. It’s fairly common that these people made tactical errors during the final period of their employment, errors that may have cost them their jobs by making it easier for the employers to fire them, errors they would probably NOT have made if they had received competent legal advice during crucial phases. For those who come to me DURING those crucial phases, I am often able to make sure that such people do not commit tactical errors that cost them their jobs.
How do I provide this service statewide?
You might not know this unless you’ve had a workers comp claim in the past, but it’s quite common for experienced, well-respected Workers Comp lawyers to represent people all over the state. If a lawyer has a statewide reputation, people from all over the state will contact him for services.
As with most legal issues that take a while to resolve, you don’t commonly have to spend much time in face-to-face meetings with your lawyer. Oh, there are times when a face-to-face meeting might be necessary, but SO much can be done via mail or telephone …., after all, most of the time in a legal case is “waiting” for the next thing to happen.
You and the comp lawyer may arrange to get together sometimes. Most of the experienced comp lawyers have a large body of cases, and they will periodically travel across the state to handle matters for multiple clients in one trip.
I currently consult regularly with people from all over Missouri. People get me their documents by fax or email, and we set up a telephone meeting. That’s how I expect to handle consulting with you and assisting you, if you cannot come to my office. We will use fax and email and US Mail, and the telephone. There should be no necessity that either of us travel long distances just to be face to face.
CONCLUSION – How to Get Started
- One option: Click a “Contact” link at the top or bottom of this page, and send us an email telling us you want to consult about your Workers Comp claim
- Another option: Call us, using the phone number at the bottom of the page. Leave us a voice mail if we are busy please, and mention that you are calling about a Workers Comp consultation.
- Finally, you are welcome to send us a letter or fax, telling us you would like to consult about a Workers Comp claim. Our address and fax number is at the bottom of the page.
- Soon after receiving your inquiry, we’ll contact you and arrange a time to talk.
- Workers comp consults are free.
Timslaw.com Missouri Employment Law
Maintained by Attorney Phil Willoughby
Founded by Tim Willoughby, Esq. (1959-2013)
Phil is a Missouri employment lawyer who is licensed to practice in Kansas and Missouri, and primarily takes cases in Saint Louis and Kansas City.
He is a member of the Missouri Bar Association and Kansas Bar Association.
Additionally, he has practiced in the United States Federal Courts of Missouri in St. Louis and Kansas City.
He has also practiced in the Kansas Federal District Court in Kansas City, Kansas.
Missouri Bar Website (To view the directory of lawyers).
Phil Willoughby, Attorney
Licensed in Missouri and Kansas
Kansas City Office:
GUNN, SHANK & STOVER, P.C.
9800 NW Polo, Suite 100
Kansas City, MO 64153
Google Map of 9800 NW Polo, Kansas City, MO 64053
St. Louis, MO Office:
St. Louis: 314-729-7750
Kansas City: 816-454-5600
Website - www.TimsLaw.com
Detailed Directions to Phil's office
Info about contacting the Willoughby Law Firm
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