Missouri Injury Law Blog

Some good news for injured employees across the state of Missouri happened last week when the Senate passed a bill that would serve to bolster the state's second injury workers' compensation fund by increasing the amount employers must pay into the fund. The fund will now be replenished by having employers temporarily double the fee they must contribute.

The measure passed overwhelmingly, 32-2, and will now move on to the House. Though supporting the fund is great news, as a whole the law was a bit of a mixed bag for workers as it also included a damage cap. Sadly, should this measure go on to pass the House it will mean that some of the most seriously injured workers will not be able to bring high dollar cases against their employers. The measure also hopes to control expenses of the fund by limiting future coverage only to those workers who are permanently and totally disabled. Employees who suffered only partial disabilities would have to be covered only through traditional workers' compensation insurance policies purchased by employers.

The legislation also contains language which will clarify which occupational diseases will now be dealt with through the workers' compensation system. It would also create a benefit for those workers suffering from certain diseases caused by work-related exposures to toxins. The bill would require the Missouri Second Injury Fund to pay more than $150,000 to those workers who suffered from certain diseases while those workers dealing with the horrors of mesothelioma after a career of working with asbestos would get an enhanced benefit totaling nearly $600,000.

The second injury fund exists as a last line of defense for those workers who have been disabled on the job due to serious workplace injuries. A law passed in 2005 by Republican legislators capped the amount of money employers would pay into the fund; something that has meant the fund's resources became stretched, threatening its long-term survival. At the end of 2012, the fund was perilously close to insolvency, with a remaining balance of only $3.2 million and unpaid obligations of more than $28 million.

Currently there are 30,000 cases in a backlog that must be dealt with. Each case represents an injured worker and his or her family that desperately needs the money to survive. Thousands of workers are struggling as they wait to collect the settlements they counted on to help pay bills following serious workplace injuries. Though the new legislation contains several troubling measures, if it works to stabilize the fund and pay out settlements to the thousands of workers in desperate need of them, then it's a small step in the right direction.

As Saint Louis workers' compensation attorneys we routinely see the devastating aftermath of accidents at the workplace and worry about protections for employees being diminished. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Missouri injury lawyers today.

Source: "Mo. Senate passes bill to reform Second Injury Fund," by Greta Weiderman, published at BizJournals.com/StLouis.

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Major workers' comp/whistleblower bill passes Missouri legislature

Missouri Second Injury Fund Going Broke........

Though workplace serious injury and death have been falling on farms in America, one category remains hard for regulators to bring under control. The number of workers dying or becoming injured due to grain bin or silo accidents has stayed consistently high in recent years, reaching a peak back in 2010 of 26 deaths.

Though they may seem benign, silos pose very real dangers to those that work around them. The bins full of corn, wheat or soybeans can become deadly when grain falls out of control, suffocating victims. Since 2007, some 80 people have died in silo accidents. Even more tragic is that 14 of them were teenage boys.

Experts interviewed by the New York Times say that the reason for the high rate of death is the huge volume of corn being grown in the U.S. to keep up with global demand. An emphasis on ethanol production and steady corn prices has kept farmers busy growing and storing the product.

Given how deadly grain bins can be for young workers, with 20 percent of all accidents impacting workers under the age of 20, it's not a surprise that the Labor Department attempted to implement new rules aimed at protecting children working on the nation's farms. The new rules would have prohibited children under 18 from working in large commercial grain bins or silos, keeping them safe by keeping them away from the danger. What is a surprise is how much of a backlash there was against the new regulations and how quickly the Obama administration backed down, pulling the proposed rules from consideration. Last year, the Labor Department proposed new regulations aimed at tightening protections for children doing farm work.

One tragic example of how things can turn bad quickly happened in 2010 in Illinois when a group of teens were sent into a storage tower to loosen corn kernels that had gotten wet and were sticking to the sides of the silo. After Wyatt Whitebread, 14, walked into the silo, a manager at the facility opened a hole in the floor to help move grain out of the storage bin. This movement shifted all the corn in the silo, causing Wyatt, who was walking on top of the corn, to fall. He was consumed by the corn in a matter of seconds, as was his 19-year-old friend, Alejandro Pacas who ran over to help. Both died within moments.

A third worker, Will Piper, 20, was trapped when he tried to save his best friend, Alejandro. Will spent the next 12 hours pinned against his friend's lifeless body while 300 rescuers worked to drain the corn from the silo, managing to keep his head slightly above the corn the whole time.

The real tragedy of the deaths in silos is that nearly every single one was preventable. It's confounding to many experts that more is not done to reduce the harm posed by grain silos when the steps are so easy and inexpensive. A pulley system, a safety harness and a set of boards to fence off a trapped worker cost less than $1,000 per grain silo. Furthermore, following federal requirements by doing things like having a spotter and shutting off any mechanical equipment before someone gets inside a grain bin costs nothing.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis wrongful death attorneys at 1-314-863-0500 or contact an injury lawyer online today.

Source: "Silos Loom as Death Traps on American Farms," by John Broder, published at NYTimes.com.

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Tragic workplace deaths serve as warning to those in the agriculture industry

Initial Steps to Take When Injured on the Job: Workers' Compensation Benefits and Personal Injury Claims

There are a lot of jobs which come to mind when we think of dangerous workplaces. For instance, construction workers, loggers, fishermen are all seen as being at risk of serious injuries while at work. You might not think those at a factory that makes mustard would be in much danger, but a recent work place accident in Missouri proves that danger can lurk around any corner.

News reports indicate that a chemical spill took place last week in a Springfield, Missouri factory that manufactures French's mustard. The spill wasn't a small one; three workers have been sent to the hospital suffering from injuries related to the accident.

Assistant Fire Chief David Pennington said that the injuries were caused by sodium hydroxide, a chemical that is commonly used to clean equipment in industrial settings. The fire chief said that reports from those on the scene indicate that as many as 20 employees may have come into contact with the dangerous chemical. Of these 20, only three required decontamination and additional hospital care for chemical burns to their skin.

The cause of the accident appears to be a ruptured pipe containing the cleaning chemical. One worry for those exposed to the chemicals is the cumulative affect such exposure can have on a workers' health. Some substances that may not appear to pose a big risk for a person only exposed to them once can have serious or even fatal consequences when an employee is exposed to them on a daily basis. It's crucial in such instances to monitor your health in the longer term to see if any adverse consequences arise later on.

Those that make mustard aren't the only ones at risk for such workplace accidents. In fact, factory accidents can happen for a number of different reasons, many of which are outside of the control of the injured workers. Many times, industrial accidents occur because of an unsafe design or defect in a manufactured component.

Factory workers injured while working in Missouri are often entitled to seek damages beyond Missouri workers' compensation payments. In addition, workers who are injured because of improper instructions for use, or insufficient warning labels about hazards may seek compensation from all third parties found responsible for the accident. A lawsuit for damages can be filed against the industrial product manufacturer, a subcontractor responsible for installation, repair and maintenance and negligent co-workers and subcontractors whose misconduct resulted in the accident and injury or wrongful death.

As Saint Louis workers' compensation attorneys we routinely see the devastating aftermath of accidents at the workplace and worry about protections for employees being diminished. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Missouri accident lawyers today. (314) 863-0500.

Source: "Spill at Missouri factory sends 3 people to hospital," published at KAIT8.com.

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OSHA Inspections a Win-Win for Employers and Employees Alike

Major workers' comp/whistleblower bill passes Missouri legislature

As a St Louis worker's compensation lawyer, attorney Ben Sansone represents Missouri and Illinois clients that are injured at work as a result of workplace hazards. Recently, an employee at a Halloween themed park almost died as a result of a workplace danger.

Jessica Rue may seem like most other 18 year old college students that one may encounter. Unfortunately, that is untrue. In October of 2011, Rue became employed by the Creepyworld haunted attraction in Fenton, Missouri as an actress in one of the many scary scenes visitors must walk past. The evening of October 27, 2011 was her second night on the job when something went horribly wrong.

I would like to paint the following image for you regarding her work environment before I go any further:

The scene she is working in is supposed to be a bathroom that is drenched from ceiling to floor in fake, slippery blood. Ms. Rue's character is dressed in a white wrap-around towel and dark shorts. In the bathroom, there is a noose prop in front of the bathtub portion of the scene as well as a mannequin. Sounds like an accident waiting to happen, doesn't it?

Rue had been instructed to use the noose prop to play up her character in hopes of frightening the visitors to the attraction. While doing what she had been instructed by her manger, Chelsey Rusbarsky, Jessica Rue, somehow slipped off the edge of the bathtub that was drenched in the fake blood and struggled for dear life while hanging by her neck in the noose.

The Jefferson County Sheriff's Office stated that for the 2 to 10 minutes that she was hanging in the noose, visitors must have assumed that she was either a prop or a very convincing actress and would have probably walked right on by to the next scene. Due to the lack of oxygen to her brain, Rue eventually passed out where she was found by co-worker Sam Israelsen who cut her down and began CPR.

This fun job gone horribly wrong left Ms. Rue in a coma for three days. Today, she suffers from a brain injury from the Fenton accident, including short term memory loss and even the doctors do not know the full extent of the neurological damage due to lack of oxygen to her brain for at least 10 minutes. It was later found out by an investigation of the haunted attraction that the noose used in her scene was not a break-away prop, but securely bolted to the ceiling so that it held her weight whereas a break-away prop would have immediately come apart to avert such a crisis.

In January 2012, Jessica Rue filed a suit against Halloween Productions, Inc. and its owner Larry Kirchner. The suit states that supervisor Rusbarsky and co-worker Israelsen were negligent and intentionally created this life threatening situation due to the fact that they had encouraged Rue and other workers to use this noose to scare visitors even though there was a slip hazard with the fake blood. In this suit, Rue is not seeking any specific amount of damages due to the fact that she will have ongoing medical bills and Medicaid will be dropping her when she turns 19.

According to Claimsjournal.com there were a reported 133 fatal work injuries in Missouri just last year in 2011. That is an increase from 2010. Fortunately, Jessica Rue's injuries were not fatal, but so easily could have been had she been left for even a few more moments. These attractions come to the Saint Louis area each year and are supposed to be fun for both the actors and the visitors. However, in the race to make the most profits, it seems that quite a few safety points were overlooked in last year's design. Hopefully other attractions in the area take note and learn from the near-deadly mistake of one very popular attraction.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis accident/wrongful death attorneys at 1-314-863-0500 today.

Si tu o alguien que conoces tiene un querido que se perdio su vida o se fue herido en un accidente por negligencia de otra persona que esta culpable, tienes opciones para recibir compensacion por esta perdida. Por informacion en protejer tus derechos en un situacion de negligencia o muerto por negligencia, por favor llama uno de nuestros abogados en St. Louis que especializa en accidentes y muertos por negligencia. Nuestro numero es 1-314-863-0500. Llamanos hoy para proteger sus derechos.

Sources:

StlToday.com: Brain Injury at Haunted House

http://www.claimsjournal.com - 2011 Fatal Work Injury Statistics

The presence of inspectors from the Occupational Safety and Health Administration (OSHA) at a company's door is usually the cause for concern for employers. A new study out of Harvard Business School finds that this probably shouldn't be the case. The data suggests that regular inspections by OSHA actually help employers reduce their workers' compensation claims and actually add money to their company's profits. This is great news for Missouri workers as many preventable workplace injuries occur everyday. Hopefully word that OSHA's presence actually helps employers too can help increase their presence and effectiveness in offices across the state.

The research was co-authored by professors from Harvard Business School and the UC-Berkeley School of Business. The researchers started their study by examining several of workplace safety inspections that were conducted by the California branch of the OSHA, and focused on the impact of these inspections on workers' compensation claims and costs.

The study, Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss, found that when OSHA conducted safety inspections, it actually reduced the number of injuries that occurred in the workplace, helping employees and, in the long run, employers. This is because a reduced number of injured workers result in a reduced cost to employers for time spent out of work and the expenses associated with workers' compensation claims.

The study also showed that there was no detectable harm to the company's profits as a result of any of the OSHA inspections. On the contrary, the researchers say that frequent inspections by OSHA could actually help boost a company's profits, because the company would be consistently spending less on workers' comp claims.

The study showed that certain high-risk industries that had the highest number of injuries were the ones that benefited most from frequent inspections. Workplaces that were placed under regular inspection by OSHA were able to reduce their workers' compensation claims by a surprising 39.4%. These same high-risk companies were also able to save 26% on their workers' comp costs over the span of the four-year study. On average, researchers found that companies that had been through the regular inspection process were able to save as much as $355,000.

Employers should be looking closely at the results of the study. As the study indicates, it makes clear business sense for employers to be investing in work place safety, and, as hard as it is to believe, actually looking forward to inspections by OSHA. The company's bottom line can benefit as well as the safety and security of workers. Truly a win-win.

As Saint Louis workers' compensation attorneys we routinely see the devastating aftermath of accidents at the workplace and worry about protections for employees being diminished. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Missouri accident lawyers today.

Source: "Researchers: OSHA Inspections Saving Employers Billions," by Sandy Smith, published at EHSToday.com.

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Major workers' comp/whistleblower bill passes Missouri legislature

Tragic workplace deaths serve as warning to those in the agriculture industry

According to an article in the St. Louis Post-Dispatch, the Missouri House passed two pieces of important legislation this week specifically aimed to overcome a veto by Democratic Gov. Jay Nixon earlier this year pertaining to Missouri work comp.

As they have passed the House, both bills now head over to the Senate which previously approved similar measures earlier in this year's legislative session. The House voted 86-66 for a bill that could reduce protections for employees who report wrongdoing in the workplace. The legislation limits "whistleblower" status to employees who report or refuse to carry out illegal acts. The bill goes further to gut existing protections by limiting who is allowed to receive whistleblower reports as well as capping the amount of punitive damages a whistleblower can recover if an employer retaliates.

In Missouri there is no comprehensive whistleblower statue. Instead, law has been made by court cases and whether a person can sue has been decided by judges on the basis of precedent. The sponsor of the recent bill, Rep. Kevin Elmer said it was designed to clarify rules for business owners by putting something on the books officially. Given that the bill is the result of legislative action, the statute would supersede the courts' earlier decisions.

Democrats in the legislature have spoken at length against the bill, arguing that it doesn't give workers enough protection to allow them to report serious problems. The Democrats also complained about the bill's exemptions for state and local government entities, including Missouri's public colleges and universities.

On the workers' compensation front, the House also backed a bill that would bar employees from suing co-workers for on-the-job injuries. This was also passed earlier in the year but vetoed by Nixon. Democrats also spoke against this bill, saying that the law would prevent employees from suing co-workers even for intentionally caused injuries.

The Majority Leader, Tim Jones, says that this is an additional vehicle that will be used to help overhaul Missouri's Second Injury Fund, an account which pays benefits to people with disabilities who sustain additional injuries on the job.

A spokesman for the governor said Nixon is negotiating with lawmakers about a workers' compensation measure, but he declined to comment further.

As Saint Louis workers' compensation attorneys we routinely see the devastating aftermath of accidents at the workplace and worry about protections for employees being diminished. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Missouri injury lawyers today.

Source: "Mo. House passes whistleblower, work comp bills," by The Associated press, published at STLToday.com.

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Missouri Second Injury Fund Going Broke ........

2012 Legislative Agenda for Missouri Workers Compensation

After years of practicing as a Missouri & Illinois personal injury lawyer, I frequently see cases where employees suffer tragic accidents due to dangerous jobs. Sometimes, despite the best efforts of employers, these accidents happen because certain activities can never be made one hundred percent safe. Other times, an employer is so derelict in its duties that not only are private lawsuits inevitable, but the employer can find itself afoul of the U.S. Department of Labor.

That is the case with the workplace wrongful death at Bartlett Grain Company elevator in Atchison, Kansas. Back in October, six workers were killed in an explosion. Investigators in Kansas originally determined that the explosion, caused by grain dust, was accidental. However, on April 12, the federal government intervened. The Occupational Safety and Health Administration (OSHA) issued over a dozen citations and are seeking over $400,000 in fines. Criminal charges may be in the future, but that is a decision for the Department of Labor's Office of the Solicitor.

According to the Kansas City Star, grain elevator worker has become one of the most dangerous jobs in America, and is part of the increasingly hazardous agricultural industry. Deaths by suffocation in the elevators are "all too common."

U.S. Secretary of Labor Hilda Solis stated in a press release, "Bartlett Grain's disregard for the law led to a catastrophic accident and heartbreaking tragedy for the workers who were injured or killed, their families and the agricultural community." Criminal charges may be in the future, but that is a decision for the Department of Labor's Office of the Solicitor.

According to OSHA, grain dust is nine times more explosive than coal dust and Barlett did not perform sufficient preventative measures, nor did it have a sufficient plan in place in case of emergency. OSHA alleged that Bartlett allowed the grain dust to accumulate to dangerous levels. Further, Bartlett used compressed air to remove dust without first shutting down ignition sources, creating an incredibly volatile atmosphere. They also repeatedly started and stopped machinery and used electrical equipment inappropriate for an environment covered in grain dust.

OSHA described these acts as "willful violations." A willful violation is an act that is "committed with intentional knowing or voluntary disregard for the law's requirements or with plain indifference to worker safety and health." Bartlett Grain has been accused of five willful violations. The company has also been accused of eight "serious" violations, which according to OSHA are "hazard[s], violation[s] or condition[s] such that there is a substantial probability that death or serious physical harm could result."

Bartlett Grain president Company president Bob Knief issued a statement that the company "certainly look[s] forward to proving wrong OSHA's unfortunate citations and characterization."

If one of you or one your loved ones is injured in a workplace accident, you will need to an experienced St Louis county personal injury attorney on your side. Contact Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "KC grain company cited for violations in deadly Atchison elevator explosion," by Mike McGraw, published at KansasCity.com.

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Initial Steps to Take When Injured on the Job: Workers' Compensation Benefits and Personal Injury Claims

Supreme Court to Decide, what is Within the Scope of Employment under Missouri Workers' Compensation

In an earlier blog post, we discussed the Missouri work comp Second Injury Fund, a state program that encourages employers to hire people with pre-existing conditions and disabilities. The employer pays into the fund at a flat rate and, should an employee suffer a "second injury" on the job, the fund will help cover the costs. When these first funds started after World War II, they helped maimed returning veterans obtain jobs. As the decades passed, the fund was used to compensate injured workers in Missouri who came about their disabilities in a non-military context. Unfortunately, recent times have depleted these funds, leaving them on the brink of insolvency.

Last week's Wall Street Journal discussed how several states are facing shortfalls in their Second Injury funds. Twenty states have already shut down these funds and more are at the brink of insolvency. Even New York State, the first state to create a Second Injury Fund, ceased accepting new claims in July 2010. Use of the funds by veterans from the wars in Iraq and Afghanistan have only pushed these funds faster into insolvency, which is ironic considering that the Second Injury funds were initially created specifically to benefit veterans.

Second Injury funds encourage employers to hire disabled workers by limiting their financial liability. Typically, when a worker gets injured on the job he is compensated by his employers' workers' compensation insurance. Rates that employers pay vary based on the risk associated with the job. But for the Second Injury Fund, employers pay a flat rate. Therefore, payment out of the Second Injury Fund could be less costly than the cost of increased workers comp premiums for employers. This incentive to use the Second Injury Fund to pay out claims have left many states struggling with shortfalls.

Unfortunately, Missouri's Second Injury Fund is one of those the Wall Street Journal singles out as being on the brink of insolvency. Last year, the fund received $43 million in payments from employers, but took on $77 million in liabilities. State Attorney General Chris Koster described the situation as "spiraling out of fiscal control." Much of the fund's troubles can be traced back to a 2005 law that capped the Second Injury surcharge on workers' compensation premiums at 3%. Currently, there is support to raise the surcharge cap to 4.5% or 6%, but that may not be enough to save the Fund. Many of the businesses that supported the 3% cap back in 2005 are the ones campaigning for an increased surcharge now.

With resources becoming even scarcer, it becomes vital that you have an advocate who can navigate the legal pitfalls. An experienced Missouri Work Comp attorney will provide you with the representation you need to fight for the benefits you deserve. Please contact Sansone/Lauber today for a free initial consultation at (314) 863-0500.

Source: "State disability funds going broke, and going away" by The Associated Press, published at WSJ.com.

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2012 Legislative Agenda for Missouri Workers Compensation

Supreme Court to Decide, what is Within the Scope of Employment under Missouri Workers' Compensation

The Missouri legislature is undertaking the challenge of reforming the state's workers' compensation law. Earlier this month the state senate held a hearing and witnesses testified regarding proposed changes to the law. Making its way through the legislature is Senate Bill 572, which proposes some radical changes to the existing workers' compensation system. The act proposes that all occupational diseases be covered by workers' compensation laws. The act also attempts to protect co-employees from liability for acts that are not purposeful. As such, if a co-worker's negligence is responsible for the injury and/or death of another employee, the co-worker will not be held personally liable.

The bill provides significant advantages for employers because it limits the use of the second injury fund. A second injury fund is one where employers pay a flat rate into the fund. It allows employers to hire individuals with disabilities and preexisting diseases. If the employee is injured on the job, the employee is compensated out of the second injury fund. The standard workers' compensation fund is financed by a variable rate charged to employers, which is based on the probability that an injury will occur in their workplace.

Because of this difference in funding, employers are attempting to push more of their cases into the second injury fund to avoid paying the higher rate charged by the standard workers' compensation fund. The second injury fund has been completely liquidated and is now in debt. The fund currently owes more than $100 million in claims to injured employees. The new bill limits which types of preexisting conditions and disabilities will have access to the second injury fund. The act no longer allows claims for permanent partial disability against the second injury fund and only allows claims for permanent total disability when three conditions are met: 1) there exists a medically documented preexisting permanent disability caused by military duty or a preexisting permanent partial disability; 2) the preexisting disability equals a minimum of 50 weeks of compensation according to the medical standards that are used in determining compensation; and 3) a subsequent work-related injury occurs and, when combined with the elements of the prior injury, results in permanent total disability.

It is easy to see why some of the individuals who testified at the hearing were upset. Some people view this new bill as a way of giving employers a free ride and not holding them accountable when there are injuries in the workplace. The Missouri AFL-CIO has come out against the bill, saying that "All we're looking for is a fair shake when we are injured in the place where we work. We are not looking to break our employer."

Should this measure pass, it will be more difficult for injured workers to receive workers' compensation benefits in the future. An experienced Missouri injury attorney will provide you with the representation you need to fight for the benefits you deserve. A skilled St. Louis personal injury attorney is required to navigate the confusing codes and legal pitfalls. Contact Sansone / Lauber today for a free initial consultation at (314) 863-0500.

Source: "Debate Rages Over Missouri Workers' Comp Reform," by Tim Sampson, published at OzarksFirst.com.

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Missouri Now Allows Impeachment of Witness of Collateral Matters not Relevant to Case
Premise Liability Injury at Hospital - Medical Malpractice or Common Law Negligence?

A prerequisite to being able to successfully make a Missouri worker's compensation claim is that the injury occurred while at work and within the course and scope of your employment. Seems like a pretty easy thing to determine, right? A case was recently heard by the Missouri Supreme Court, Sandy Johme v. St. John's Mercy Healthcare, click here for the case summary, audio of hearing, and briefs filed.

This particular case was a St. Louis worker's compensation case that was disputed by the employer claiming the alleged work related personal injury as not within the course and scope of her employment and that is the specific issue the Supreme Court heard recently. The work comp injury case arose from an incident that happened during the claimant's work hours while she was making a pot of coffee at work and with equipment provided by her employer, as most of us would probably agree, a pot of coffee is pretty standard at most offices and work places. While making the coffee, the employee turned and stepped on the edge of her shoe, falling to the floor. To me, as a practicing St Louis work comp injury lawyer, the argument ends here, she was at work and injured herself, that is a work comp claim under Missouri law.

The employee filed a claim for worker's compensation. Initially the work comp administrative law judge ruled that the employee's injury did not arise from or within the scope of her employment with St. John's. Employee appealed by seeking a review hearing from the labor and industrial relations commission, which reversed the administrative law judge's finding and awarded worker's compensation benefits to to the employee. St. John's appealed and the case found its way to the Missouri Supreme Court.

Under Missouri statute 287.020.3 "Workers' Compensation Law" secitrions (2)(a)&(b) provides that an injury arises out of and in the course of the employment if:

(a) It is reasonable apparent, upon consideration of all the circumstances, that the accident is the prevailing factor in causing the injury;

and

(b) It does not come from a hazard or risk unrelated to the employment to which workers would have been equally exposed outside of and unrelated to the employment in normal nonemployment life.

Clearly under this definition the employee's injury in this case qualifies as a work comp injury and thus allowing a successful claim. The Missouri Association of Trial Attorney's (MATA) filed an amicus brief (friend of the court) - click here for the full MATA brief, very well written and discusses the law applicable to this case and topic. Additionally, they end the brief with the public policy argument:

"To exclude injuries such as in Johme, Pile and Whiteley would be to create a debate from thin air that was not intended or created by the 2005 amendments, causing vast uncertainty as to when an injury does or does not arise out of and in the course and scope of employment, to the detriment of millions of employers and employees alike. The Court is not being asked to read into or exclude additional meaning into the text of the 36statute, only to determine if certain classes of activities at work still fit within the protections of workers' compensation, as has long been expressed by the same exact plain language we have today as we have had in Missouri for generations."

We will keep and eye on the court's ruling and update this article at that time. This is a very important case, additionally, the Supreme Court should be issuing a ruling late this winter or this spring regarding the constitutionality of Missouri's medical malpractice damage caps. See St Louis Injury Law Article re: Damage Caps Heard by Supreme Court.

Continue reading "Supreme Court to Decide, what is Within the Scope of Employment under Missouri Workers' Compensation" »

Appropriate Steps if You are Injured on the Job

Millions of people are injured while performing work-related duties each year. If you become one of them, there are certain steps that you need to take to ensure that your rights are protected should you need to file a personal injury claim or apply for Worker's Compensation benefits. Though specific requirements will vary by state, there are four important steps to take if you are injured on the job (for work comp and personal injury claims) or performing work-related duties:

Get Medical Treatment

See St Louis Injury Lawyer blog article, Choice of Doctor Under Missouri Workers' Compensation. The first thing you should do is tend to your injury, especially if it is severe. Apply first aid on the scene, if necessary, then see a doctor. If your injuries are severe, see a doctor immediately. Even if your injuries seem minor, you should protect yourself by getting an independent evaluation by a qualified physician. Be sure to tell the doctor that your injury was sustained on the job, and remind him or her of this fact on follow-up visits if they are required. Your employer may also require that you visit an approved physician. If this is the case, be sure to make an appointment with one of these physicians and bring your medical records if necessary.

Report Your Injury

It is always best to tell your supervisor about your work-related injury as soon as possible. Communicate the details of the injury in person, preferably immediately following the injury, then follow up with a written report. If you have to file a claim later, a written document will provide proof that you notified your supervisor. No such proof is available if you have only make a verbal report, and your supervisor could deny your claim. State laws require that you report your injury within a certain time frame in order to qualify for compensation or other claims. A typical time frame is 30 days, but some allow a longer time period. The sooner you report your injury, the better.

Talk to an Attorney

A personal injury attorney can advise you about whether your injury entitles you to compensation or other claims. An attorney can also ensure that your rights are protected and can advise you on how to proceed with discussions with your employer, making decisions about continued working conditions, arranging for medical care, and more. If you have to file a Worker's Compensation claim or other legal claim, an attorney can assist you.

Keep Records

Be sure that you document all the circumstances surrounding your injury: all visits for medical treatment, discussions with your supervisor, discussions with your attorney, claims filed and so on. Maintaining proper records can provide proof for your claim and ensure that you are not denied any benefits based on technicalities.

Of course, a qualified personal injury attorney is your best resource if you are ever injured on the job. Set up a consultation immediately if you are injured for tailored advice on how to proceed with getting treatment, communicating with your supervisor, and filing any necessary claims.

Amanda Tradwick is a grant researcher and writer for CollegeGrants.org. She has a bachelor's degrees from the University of Delaware, and has recently finished research on teaching grants and student grants in maine.

Guest Author, not affiliated with St Louis Personal Injury law firm, Sansone / Lauber.

You might think that the difference between these two types of claims is pretty obvious: one involves accident or injury in the workplace while the other involves incidents outside of your place of employment, such as a car accident or or DWI wrongful death, just to name a few. But it's actually a little more complicated than that. After all, you can experience a personal injury in the workplace that may not be covered by workers comp and you might also have an accident, injury, or illness outside the workplace that is covered. And there can be times when it seems like the two types of claims overlap. While you may have to seek the services of a qualified attorney to find out exactly how to go about filing your claim, since all cases are different, here are just a few of the major differences that you should be aware of.

First of all, workers compensation claims apply to you only if you are hurt on the job. However, this doesn't necessarily mean that you have to be at your place of employment when an injury or accident occurs. You may be running errands on the clock or engaged in travel for work. You could be at a work site. If you are involved in actions for your employer, you can try to claim workers comp, even if fault cannot be determined or if the incident was your own fault. Of course, there are some instances in which claims may be denied, but if your employer provides workers compensation, you have no grounds for filing a personal injury claim.

Personal injury claims, on the other hand, are generally filed in response to accident or injury that is the result of negligence or direct actions by others, and the person filing the claim has the onus to prove fault by others. Although this type of claim can be filed against an employer, it is usually preferable to file a worker's compensation claim first, since most companies are willing to offer workers comp in order to avoid a personal injury lawsuit. The reasons are multiple.

For one thing, workers comp has strict limits on coverage. It will cover medical expenses (often including physical therapy), retraining, and disability. Personal injury claims, on the other hand, have no limits on the type or amount of compensation the claimant may receive. Further, workers comp claims are decided by an impartial group or board members known as the Workers Compensation Board when the employer and employ cannot agree on compensation. Personal injury cases go before a jury, which may be easily swayed by a wronged claimant. So it's easy to see why most employers prefer the due process of worker's comp to the unknown outcome of personal injury lawsuits.
If a personal injury claim is filed, it could end up costing an employer a lot more money, since the goal of personal injury law is to make the injured party "whole", which could include punitive damages for pain and suffering, an area of compensation that is hard to define and therefore, could carry a hefty price tag. The truth is, you'll have to decide which type of claim is best suited to your case. But remember that a personal injury case could result in zero compensation, so if your employer offers workers compensation, you should consider taking it.

ABOUT THE GUEST AUTHOR: Carol Montrose is a contributing writer for the Maryland Accident Lawyer Group at Price Benowitz LLP. The firm has offices in Washington, DC, Maryland, Virginia, and New York and handles DUI, criminal, immigration, personal injury, and disability cases.

In Missouri, the calculation of damages (money) for the same injury under general negligence law (i.e. injured in a car or truck accident) as opposed to the calculation under Missouri workers compensation (i.e. work related injury) are very, very different. As a St Louis injury lawyer that handles both workers compensation cases and general negligence cases, I deal with both ways of calculating damages routinely.

A common reaction I get from clients injured at work, is the disbelief that an injury, just because it occurs at work, can be worth less than that same injury under a general negligence theory, typically meaning it was caused outside of work or by a negligent driver, doctor, or business. However, the benefit to workers' compensation coverage is that liability (whose fault it is) does not matter. Even if it is the injured employee's fault (in most cases), you still get the same compensation. Additionally, in many cases if the work related injury was not the fault of a co-employee or your employer (i.e. a 3rd party not employed by the same company) then a 3rd party claim exists and the injured employee can recover under both work comp and negligence claims outside the work comp structure and through the jury trial system. See: "St Louis Work Comp Lawyer discussing Work Comp Claim and 3rd Party Liability Issues" Additionally, in certain situations, even if the injury is caused by a co-employee, sometimes you can pursue the co-employee for their negligence. Any liability the co-worker may have will be covered by the employer's general liability insurance coverage; so don't feel bad about making a claim against your co-worker, their covered. See"Missouri Work Comp Law - Courts Open up Pathway to Co-Worker Liability".

Calculating Damages in Missouri Personal Injury Cases (non work Comp)

Damages (money) for injuries under Missouri general negligence cases are determined by the amount of medical bills incurred (past and future), lost wages (past and future), prescriptions, property damage, other expenses attributable to the injury, and finally, pain and suffering. Pain and suffering is that uncertain dollar amount that a jury may award you for the pain and suffering of having to go through the entire ordeal and the future problems it will cause physically, emotionally and mentally. Except if it is a medical malpractice claim, under Missouri law pain and suffering in medical negligence claims are capped at $350,000. Missouri medical damage caps have not been fully challenged yet and it is still possible they could be found unconstitutional by the Missouri Supreme Court. See "Limits on Medical Malpractice Awards Constitutional? Missouri Supreme Court Signals .... Not Constitutional"

Calculating Damages in Missouri Work Comp Cases

Under Missouri workers' compensation, the employer's work comp insurance covers the medical expenses for your medical treatment, missed work pay or "TTD pay" (Temporary Total Disability Pay) for the days missed prior to the doctor releasing you to return to work, and then finally a final settlement for the ongoing disability. The ongoing disability is essentially the only amount the employee is awarded directly and is calculated using the Missouri "Permanent Partial Disability Schedule". This is a very specific calculation and does not take into consideration any pain and suffering. However, the Missouri Work Comp Second Injury Fund is also available for additional compensation in certain cases. See "Missouri Workers' Compensation Claims, Claims against the Missouri Second Injury Fund or 'SIF'"

Missouri's Division of Missouri Work Comp: State Website with information regarding workers compensation and explaining the process.

Regardless if you have a work comp or a general negligence case, the legal procedure and all the ways to maximize compensation for your injuries are very complex. If you need an experienced Missouri personal injury lawyer handling cases in St Louis, St Charles, Jefferson County, and all across Missouri and Illinois, call the St Louis injury law firm of Sansone / Lauber today.

A Missouri workers compensation lawyer filed a subpoena on behalf of his client, the injured worker, to get the video tape of the injury his client sustained. Presumably to rebut the typical defense allegation that the injured employee is faking. Not surprisingly, the defense tried to prevent the production of the surveillance video, because the video would show the employee was legitimately injured and take away their bogus defense.

At the trial level, the Missouri work comp judge ruled "[i]t is clear in [Section 287.215] that videotapes, motion pictures or visual reproductions of an image of an employee are not discoverable by employee." Thus preventing the injured employee's attorney from obtaining the video of the injury. The case was appealed and the circuit level agreed that the video should be turned over as it is a statement as defined by the discovery rules and there was substantial need, and thus discoverable. The case was appealed to the appellate court where not only was the circuit courts ruling upheld, but the appellate court ruled that the substantial need portion was not required, the video is a statement and thus is discoverable, even without substantial need.

"We need not consider whether Feltz demonstrated a "substantial need" or "undue hardship" because such proof was unnecessary to obtain production of the surveillance video pursuant to Rule 56.01(b)(3).3 In McConaha, the Supreme Court expressly held that Rule 56.01(b)(3), applied through Section 287.560, permits the discovery of surveillance videotapes as a "statement" without the need of a showing of undue hardship. 979 S.W.2d at 189-90."

Full Workers Compensation Opinion - Feltz v. Ford, WD Missouri 5.2011

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As a personal injury lawyer, one of the most common injuries I see are back injuries; some of the more severe include disc bulges and herniated discs. Disc injuries are most commonly found in the low back and neck. As a Missouri work comp attorney, I often see clients who need a lumbar laminectomy, especially for injured workers who do a lot of heavy lifting. If the laminectomy or a discectomy is not successful, a spinal fusion surgery may be necessary. See Missouri work comp injury articleSpinal Fusion after St Louis Construction Site Injury.

What is the difference between a disc bulge and herniation?

A disc bulge is when the disc moves or bulges outside of the normal space between the vertebrae that it normally occupies. Disc bulges often push on nerves and cause pain and discomfort. Generally, disc bulges are treated with physical therapy and spinal pain injections, also referred to as steroid injections. See Missouri Personal Injury Lawyer Article: Spinal Injection and Medical Malpractice.

A herniated disc is when there is a break in the outer layer of the disc which causes the disc to become deformed and leak the internal fluid. In addition to the physical effect on the injured victim's back alignment, this leaking fluid can damage the spinal cord or nerves resulting in more pain. Herniated discs can be caused by a traumatic injury such as a car or truck accident, motorcycle accident, or work related injuries.

Most of my clients who have back injuries do so as the result of a Missouri car accident caused by a negligent driver. After a car accident occurs, typically people will visit the emergency room. However, back injuries such as disc bulges or disc heriations are commonly not treated at the ER other than receiving a prescription for pain and muscle relaxers. It is important to follow up with a doctor and have back injuries treated. Back pain may be an aching muscle, but it may be a more serious injury that needs to be treated.

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