Missouri Injury Law Blog

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.

See Our Related Blog Posts:

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.

See Our Related Blog Posts:

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.

See Our Related Blog Posts:

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.

See Our Related Blog Posts:
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

Continue reading "Surveillance Video Discoverable in Missouri Workers Compensation Claims " »

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.

Continue reading "Common Back Injuries from Car Accidents and Work Related Injury " »

Recently, an Illinois House committee voted to abolish the Illinois workers compensation system. Could this proposed bill become pass and become law and what would that mean for injured workers in Illinois?

Anything is possible, but I doubt Illinois work comp will be abolished. If it were, it would mean big changes to how work related injuries are handled and how workers are compensated. Under the current Illinois work comp laws, fault for the injury is generally irrelevant, as long as the injury is work related, the injured worker is entitled to work comp benefits. If Workers' Compensation was completely dismantled, injured workers would be forced to go through the civil courts and would likely be required to prove negligence or fault by another party to be successful. Additionally, that process is much slower and immediate benefits would not likely be available to the injured employee.

On the other hand, money awards would not be limited by the current work comp regulations which limit the value of injuries brought under work comp and dictate compensation and prevent the injured worker from filing a lawsuit against their employer for any negligence. Instead damages would be left to a jury and evidence of medical bills, injuries, and symptoms would be submitted to a jury just like in a personal injury case. This would likely lead to larger damage awards to injured workers than what they currently receive under the work comp system.

Proposed Senate Bill 1933, Illinois Work Comp Repealed

St Louis Post Dispatch article about Work Comp in Illinois

Continue reading "Injured at Work? Illinois Work Comp System Under Attack" »

Missouri employers are required to have Workers' Compensation insurance. A portion of the insurance payments made by the employers go into the Missouri Second Injury Fund or SIF. This fund, though in some financial trouble, currently provides monetary benefits to employees who have sustained injuries in specific circumstances. As all Missouri employers with work comp insurance pay into this collective "pot", to file a claim for benefits from this fund you must specifically file a claim against the Missouri second injury fund, which is represented by the Missouri Attorney General's Office.

Missouri statutes require an injured employee to file a Work Comp claim claim against the Missouri SIF within one year of filing a claim against your employer/insurer or within two years after the work related injury occurred. This benefit is restricted and follows strict guidelines on who is eligible to receive them. Uninsured employers, disability, death, second job loss or wage loss, and rehabilitation benefits are available in the SIF.

If an employer chose not to have workers' comp insurance at the time an employee suffers personal injury or is killed, the SIF may help pay for the medical expenses accrued by the injured employee or death benefits to their family. However, the company will still be liable to pay some of the expenses when the SIF seeks reimbursement. When an employee has a prior disability which is exacerbated by a work related injury, causing them to have a permanent partial or permanent total disability, the SIF can see that the employee is compensated.

During this time of economic woes, a lot of people are required to work two or even three different jobs. If you are injured on one of these jobs and it directly affects the other(s) causing you to miss work, and pay, the SIF may provide benefits to compensate for this. This is the most difficult claim, full of specific technicalities.

On the assumption that lawmakers get their act together and secure the SIF, you need a Missouri Workers' Compensation lawyer that is experienced in these types of claims and their specific regulations.

Article authored by Sansone / Lauber staff paralegal, Erin Mace.

As an injured employee, you have probably never dealt with the work comp system, do not let the work comp insurance company and their representatives take advantage of you, you need an experienced Missouri workers compensation attorney who will be able to ensure you get the necessary medical treatment, off work benefits or "TTD" Pay (See - Injury Law Blog regarding TTD Pay and Missouri Worker's Benefits), and compensation for your injuries.

In order to have access to the work comp courts to protect your rights, it is very important to file a formal claim for Missouri Workers Compensation early on after your injury. See Missouri Personal Injury Article: Reporting a Work Related Injury in Missouri Once a formal claim has been filed you have access to the work comp division for any redress for disputes with the employer's work comp insurance regarding medical treatment, TTD pay, return to work, or any other disputes that may arise.

As a Missouri work comp lawyer, a question I receive frequently is, "why can't I choose my own doctor?" Missouri Worker's Compensation Law, Missouri Statute 287.140.1 states that the Missouri employer is required to provide "medical, surgical, chiropractic, and hospital treatment, including nursing, custodial, ambulance and medicines" as may be reasonably required by the Missouri employee who suffered personal injury while on the job. Missouri work comp statute 287.140 goes on to say that the Missouri work comp insurance must pay for this treatment, deductibles, reasonable traveling expenses (up to 250 miles each way), and ongoing medical examinations.

If you are not satisfied with your treatment and have a need or desire to go to another provider, you are obligated to pay all costs, Missouri Statute 287.140.13. It is imperative that you call an experienced St Louis Missouri Work Comp lawyer to see if your employer will agree to refer you to another physician. In event that they refuse to agree to this referral, you have the option, after a work comp claim has been filed with the Missouri Board of Industrial Relations, to schedule a hearing before an administrative judge to discuss your options. Or you and your attorney can find a physician's office that will allow you to receive the medical treatment that you need on a lien basis.

Continue reading "Choice of Doctor under Missouri Workers' Compensation" »

When an injured Missouri employee has been determined to be unable to return to work for a period of time, they are eligible for compensation through a benefit called TTD Benefits (Temporary Total Disability Benefits). See Missouri Workers' Compensation Law, Statute 287.250

This benefit pays employees a portion of their pay when they are temporarily unable to work. There are other compensation plans available for those with a permanent disability under Mo work comp.

A physician must certify that the employee is medically incapable of working for a length of time or able to return to work on a restricted basis. The first three days (the injury date and two days following) are considered a waiting period. Missouri Work Comp Statute 287.260.1. Therefore, the worker will not be paid for this time, unless they remain out of work for more than fourteen days. An employee is able to be reimbursed for two-thirds of their average weekly earnings. Missouri work comp laws have a maximum amount, or cap, that is allowed to be paid to the worker. Keep in mind that even though it is less than a normal paycheck amount, this compensation is tax free. Employees with work related injuries are allowed to receive TTD benefits for up to two years, unless it is a more permanent injury.

These benefits will be continued until such time that the employee returns to work, treatment has reached a maximum improvement level, or they are terminated for post injury misconduct. See Reporting Work Related Injuries and retaliatory termination. If a worker returns to work on a restricted basis and must perform duties which pay less than the full amount that they receive to perform their normal job duties, they are also eligible to receive TTD pay until they are able to return to their regular tasks. Brookman v. Henry Transp., 924 S.W.2d 286 (Mo. App. E.D. 1996).

Continue reading "TTD Pay under Missouri Work Comp - Compensation for Injured Workers Lost Wages" »

When consulting with an employee injured at work and discussing a potential Missouri workers comp claim, many work related injury victims are concerned that filing a work comp claim could jeopardize their employment. If you are terminated or fired for filing a work comp claim that is called retaliatory termination or discharge and it is against the law. More importantly, work injury victims need to get a Missouri work comp lawyer involved soon so they know their rights and obligations to make sure they maximize their benefits and avoid bad situations with their employer over the claim. It is very rare that termination over a work comp claim actually occurs.

Another important issue to address early on is if another party, outside of the employer, is at fault for the injury claim, for example a negligent driver crashes into you while on a work related errand, in this case, and many others, Missouri law allows for a “third party lawsuit”. This permits the injured employee from not only receiving Missouri or Illinois work comp benefits, which oftentimes are not enough to fully compensate for severe personal injuries, but also having the benefits of common law of negligence and making a claim against the individual or entity responsible for your injures outside of the work comp court.

See 3rd Party and Work Comp Settlement by St Louis Injury Lawyer Ben Sansone for $500,000

Lastly, recent court ruling in Missouri have opened up a pathway through a negligent coworker to get to more insurance coverage of the employer. See Missouri Workers' Compensation Law - Coworker Liability

Continue reading "Missouri Work Comp Lawyer discussing Work Comp Claim and 3rd Party Liability Issues" »