Missouri Workers Compensation Lawyer Blog

In Part 3 of our 4 part series, "Best Practices for Injured Workers," our Missouri workers' compensation attorneys provide information about the different kinds of benefits available to workers' compensation claimants.

If you are unable to return to your job as the result of workplace injuries, you are most likely entitled to disability benefits. There are several factors that affect what kind of benefits you are eligible for:

Temporary Total Disability

• If you have to take time away from work to recover from your injuries and/or any medical procedures associated with those injuries; or your doctor says you cannot return to work because of your injuries, you may be eligible for Temporary Total Disability benefits to compensate you for your lost wages.

• If your employer has offered you "light or modified [duties]," and your doctor says that you are capable of performing those tasks, you may not be able to collect Temporary Total Disability benefits.

• However, if you accept "light or modified" duties, but at less than full pay, the law allows you to collect Temporary Partial Disability benefits.

• Temporary Total Disability benefits should continue until your doctor releases you to return to work, either because your "treatment is concluded" or because you have "maximum medical improvement," whichever comes first.

Permanent Partial Disability and Permanent Total Disability

• Permanent Partial Disability benefits are designed to assist injured workers whose injury impacts the tasks they can perform, but who can still work (even if the job isn't exactly the same one that they had before the injury).

• Permanent Total Disability benefits are awarded to employees who are no longer able to work, in any capacity, at any job. Depending on the circumstances - in particular, the nature and extent of the injury - these benefits may be paid out in lifetime weekly installments, or as a lump sum payment.

Continue reading "Best Practices for Injured Missouri Workers: Part 3 of 4" »

In Part 2 of our 4 part series, "Best Practices for Injured Workers," our Missouri workers' compensation attorneys offer some guidelines related to medical care.

Receiving appropriate medical treatment is crucial. Many workplace injuries cause are extremely debilitating, causing physical limitations and serious pain, and they require extensive and continuous treatment. If you are eligible for workers' comp, and you have reported the injury to your employer (see Part 1 of our series), then your benefits should cover your medical expenses. According to the Missouri Department of Labor, "The employer or insurer is required to provide the medical treatment and care to cure and relieve the employee from the effects of the injury. This includes all costs for authorized medical treatment, prescriptions, and medical devices."

Can I choose my own doctors?
No - not unless you plan to pay your own expenses out of pocket. Workers' comp law affords the employer (or the insurer, on the employer's behalf) the legal right to select any and all health care providers. Be sure that you check with your employer and/or the insurer regarding physicians who treat your injury. If you're not satisfied with the medical care that you're receiving, it might be in your best interests to consult the attorney.

What if I have to travel to receive treatment?
If you are required to see a doctor whose office is located outside the local/metropolitan area of your principal place of employment, your employer is required to pay the "necessary and reasonable expenses" associated with that travel. However, employers will not cover the cost of travel "over 250 miles each way from the place of treatment." If you are not a Missouri resident, your employer can choose a treatment facility within 100 miles of your residence, the location of your injury, or your place of hire.

Do I have to agree to medical examinations and evaluations at my employer's request?
The law does permit your employer (or insurer) to request that you "submit to reasonable medical examinations" while you are on disability. Your employer can request multiple exams if you require long-term treatment, or if you have more than one injury. Similarly, you can be compelled to "submit to appropriate vocational testing and a vocational assessment scheduled by an employer or its insurer." Typically, these assessments are only administered when an injured worker is claiming to be permanently and totally disabled.

Continue reading "Best Practices for Injured Missouri Workers: Part 2 of 4" »

If you are injured on the job in Missouri, it's essential that you take certain actions as soon as possible following your injury. In this 4 part series, our workers' compensation attorneys will outline the best practices for an injured worker, from reporting your injury to making sure your claim is resolved. Following certain procedures in a timely fashion is one of the best ways to ensure your rights and benefits are protected.

How do I know if I'm eligible for workers' compensation benefits?

In Missouri, businesses are required to carry workers' compensation coverage when they employee 5 people or more. (NOTE: "Construction industry employers that erect, demolish, alter, or repair improvements" must carry work comp, even if they only have one employee.) Missouri workers' compensation law does not apply to railroad, postal or maritime workers, as these employees are covered by federal law.

Additionally, the Missouri Department of Labor outlines other kinds of employees who are not eligible for workers' compensation benefits:

• Farm labor employees
• Domestic servants in private households (both full time and part time)
• Direct sellers and real estate agents (as defined in Title 26 United States Code, Section 3508)
• Unpaid volunteers of a tax-exempt organization (as defined in the Internal Revenue Code, Section 501(c)3
• Adjudicators, referees, or contest workers for school activities, youth sports, etc.
• Certain inmates, patients, or residents of Missouri, or one of its counties or municipalities

If an employer has fewer than the required number of employees, or falls into one of the above categories, that employer can elect to carry workers' compensation coverage, but it is purely voluntary.

Continue reading "Best Practices for Injured Missouri Workers: Part 1 of 4" »

As Missouri workers' compensation attorneys, we've written at length about the need for reform in terms of Missouri's Second Injury fund. The fund, designed to supply benefits to reinjured workers, is bankrupt: currently, the fund owes over $921 million. There are 27,000 cases still pending, new cases filed every month, and at present, over 170 injured Missouri workers are not receiving their benefits. Now, a new Senate Bill (No. 572) proposes several changes to state workers' compensation laws, several of which are intended to address the fund's numerous issues.

(To read Missouri Senate Bill No. 572, click here. You can also listen to the "Senate Minute" broadcast about the bill.)

The Second Injury fund is financed by a flat fee assessed to all Missouri employers. This is in contrast to the main worker's compensation fund, which is also funded by employers, but their rates are determined based on the likelihood that an accident will happen in a particular work environment. According to Senator Jason Crowell of Cape Girardeau, this system is causing employers to move as many cases as possible into the scope of the Second Injury fund, so they won't have to pay higher rates to the main fund.

Crowell believes the Second Injury fund should be completely eliminated, arguing that there is no need to continue the program. Part of the fund's purpose is to protect injured Missourians from being turned away by employers simply because they are injured. Crowell says that the Federal Americans with Disabilities Act now prevents employer discrimination against handicapped applicants, so the fund is no longer needed for this protection.

Bill No. 572 would keep the Second Injury fund in operation, but it would modify and/or limit certain of the fund's current functions. Notably, it would place limitations on the types of medical conditions and injuries that would be accepted as pre-existing conditions. Only previous military or work-related injuries would be accepted: permanent partial disability claims would be eliminated from the fund. Also, the bill includes a provision that would block payments to claimants who are incarcerated.

Continue reading "Missouri Senate Bill No. 572 Aims to Solve Second Injury Fund Issues Affecting Missouri Workers' Compensation Claimants" »

In this post, the Missouri workers' compensation attorneys would like to discuss a recent decision of the Missouri Court of Appeals. In Rader vs. Werner Enterprises, No. ED95905, ---S.W.3d --- (Mo.App.E.D. 2012), an injured over the road truck driver sought permanent total disability benefits, along with compensation for future medical care, and ultimately prevailed.

Timothy Rader had worked as a truck driver for 6-8 years for the same company, Werner Enterprises. In May of 2003, he sustained a head injury as he unloaded a truck at Anheuser-Busch in St. Louis: a partially empty keg rolled out of the truck and struck him.

Rader was taken to the ER, where he reported pain and numbness in various parts of his body, and he couldn't remember if he had lost consciousness. Over the next several months, Rader continued to experience severe pain (particularly in his back and knees), along with various other symptoms. He received extensive medical treatment and was unable to work.

The Claim:
Rader filed a workers' compensation claim in May of 2005. After a hearing, where an Administrative Law Judge heard testimony from Rader and several experts, Rader was awarded permanent total disability benefits and future medical care expenses. Werner then filed for a review with the Labor and Industrial Relations Commission, but the Commission upheld the award. Ultimately, Werner appealed to the Eastern District Court of Appeals.

The Appeal:
Werner disputed the Commission's ruling, appealing six points:

1. Under the terms of Rader's revised employee agreement, Werner argued, Rader was only allowed to seek workers' comp benefits in Nebraska, where Werner's corporate office is located, and where an alleged employment agreement provides for jurisdiction. Their stance was that the Missouri court did not have jurisdiction over the claim, even though the accident happened in St. Louis.

2.Werner also claimed that Rader was not eligible for workers' compensation benefits because he was an owner-operator and not an employee. In February 2003, Rader had entered into a new employment agreement with Werner, which changed his job title to "independent contractor": he purchased a truck from Werner, began paying his own expenses, and received a larger pay rate.

3. Before he worked for Werner, Rader had suffered previous injuries to his knees and back. Werner contended that the May 2003 accident was not the cause of Rader's present disability, and that Rader instead had a preexisting degenerative condition.

4. Werner disputed the award for future medical care, maintaining that Rader's May 2003 injury did not necessitate future treatment.

5. The company contended that Rader was in fact capable of returning to work, and disputed the award for permanent total disability.

6. Finally, Werner contested the amount of the award, based on Rader's average weekly wages.

Continue reading "Employee Classification, Location Among Factors Affecting Missouri Workers' Compensation Awards" »

When injured workers are trying to decide whether or not they should hire Missouri workers' compensation attorneys, there are a number of factors to consider. In this post, we provide an overview of the services a workers' comp attorney can provide, and outline the different situations where it would be in a worker's best interest to obtain legal representation.

Here are some specific points to think about when determining whether or not you need a lawyer:

Hiring an experienced Missouri Workers Compensation Law Firm helps to ensure you receive fair compensation for your injuries or disabilities. The Missouri Department of Labor defines a workers' comp case as a legal proceeding. Although the workers' compensation system was designed to be a simple no-fault benefit system, the law has been repeatedly changed over the years: it can be a complicated system. Also, you can be sure that your employer and his insurance company will have a lawyer present at all docket settings before the Division of Workers' Compensation--in fact, it is required by law.

In general, attorneys are able negotiate higher permanent partial disability settlements. Also, workers' comp claimants typically need to undergo a series of evaluations to get disability ratings and to assess future medical issues that may arise. An attorney can facilitate those and many other processes.

Any cases that involve Social Security Disability, Medicare, unemployment benefits or Second Injury Fund claims are bound to have complications that a layperson might not understand. A workers' comp attorney makes sure all your interests are represented: after all, the settlement you receive can strongly affect your life for years to come.

The Department of Labor recommends hiring a qualified Missouri workers' compensation attorney in the following situations:

• Your employer or his insurance carrier is denying your claim.
• You have been unable to receive appropriate medical care.
• Although your doctor says you cannot work, you are not receiving benefit checks.
• Your employer's insurance company claims a penalty against you.
• You are being penalized by your employer because of your workers' compensation claim (including being fired, demoted or harassed at work).
• You have applied for (or are receiving) social security disability benefits.

For a full list of the Department of Labor's recommendations, click here.

Continue reading "When Should You Hire an Attorney For a Missouri Workers' Compensation Case?" »

According to Missouri's Workers' Compensation Law, your employer has the right to choose the injured employee's health care provider. Most employers will then delegate that responsibility to their insurance carrier. However, this does not mean that an injured worker's medical care is in under the control of the insurance company. Medical treatment is always under the control of the treating physician selected by the employer or insurer. Problems can arise, however, because insurance companies are responsible for authorizing and directing care--which means that there are situations where reasonable care is not provided.

What if the injured employee disagrees with the diagnosis, or is unhappy with the health provider chosen for him/her?

Missouri law allows employees to select their own doctor, surgeon, or other medical provider, but the employee must pay for that treatment themselves. This happens infrequently, because of the high cost of medical treatment. Even if the injured party has medical insurance, many policies will not cover an injury sustained in the work[lace.

Sometimes it might be necessary to travel to see a physician: for example, when an injured worker needs a specialist, and there are none in the immediate area; or when an accident happens in a small town or rural location, without access to the medical services needed. If you are required to travel outside the local metropolitan area of the employer's location, then the employer is required to pay your travel costs: these are considered necessary and reasonable expenses. If you cannot travel, or believe that the travel is making your condition worse, speak to your employer/insurer about the situation. If nothing satisfactory can be worked out, at this point you can request a conference with an administrative law judge (ALJ) to discuss the situation. It might also be helpful to consult a Missouri Workers' Compensation Attorney.

If an injured worker is unhappy with the medical treatment he is receiving, or believes he needs a specialist, more tests, or a different type of treatment, these situations need to be handled carefully. First, discuss the issue with the insurance company. If this approach doesn't provide a solution, a workers' comp attorney can formally dispute the employer's treatment plan. On the other hand, if the insurer or employer disagrees with a doctor's diagnosis, they then have the qualified right to authorize a change of physician.

Continue reading "Managing Medical Treatment Issues as a Missouri Workers' Compensation Claimant" »

Springfield, Missouri workers' compensation lawyers believe that construction injury claims can be very different than other types of injury claims. It is not news to anyone that the construction industry can be extremely hazardous for its workers. Handling heavy machinery, power tools, great heights, and heavy weights makes construction jobs more dangerous than other types of employment.

According to David Michaels, OSHA Assistant Secretary, "Every day in this country, more than 14 workers lose their lives in preventable workplace tragedies -- close to 100 deaths every week."

OSHA has a list of safety requirements for all construction sites. Read the Safety and Health Regulations for Construction. Most Missouri employers comply with these requirements; however, despite all precautions and good intentions, serious accidents still happen. Some of the main injuries suffered by construction workers include the following:

*falls
*fractures and broken bones
*burns and electrocutions
*machinery accidents
*hit by falling objects
*accidental amputations
*exposure to toxic materials, such as silica or asbestos

A common scenario in construction accidents is a separate third party claim, along with the workers' compensation claim. Missouri employers are required to pay the medical bills for any worker injured in a job related accident, but there can also be liability to someone else. For example, a defect in the design or manufacture of the machinery or tools being can cause an injury accident, or another party's negligence can play a role. These kinds of third party claims must be prosecuted with civil lawsuits though the Missouri court system; not through the Division of Workers' Compensation.

Continue reading "Springfield, Missouri Construction Accidents Can Involve a Third Party Claim In Addition to a Workers' Comp Claim" »

The Greene County workers' compensation attorneys know that certain factors can complicate workers' comp claims. That's why it's so important to have a lawyer advising you throughout the process. Consider a recent case:

The claimant, Jeffrey Graham, worked as a tractor trailer driver for TSL, Ltd., hauling automobiles. Graham's application for workers' compensation benefits alleged that he fell and injured his right foot while unloading a Jeep in New Jersey on January 25, 2008.

The situation would seem pretty black and white. However, the nature of Graham's hiring became an important element of the case. Here's a bit of background:

Graham, a Kentucky resident, was hired "over the phone": he learned TSL was hiring truck drivers, and phoned the company's Missouri office seeking employment. At TSL's request, he faxed his commercial driver's license, a copy of his personnel file from his previous employer, and the results of a recent physical, including a drug test, to Jim Gage at TSL's Missouri office. Gage apparently reviewed the information while the two men were on the phone and told Graham that he could "start tomorrow." Graham considered himself hired at that point.

So Graham traveled from Kentucky to TSL's office in St. Peters, Missouri. He completed TSL's mandatory driving test and training program, and submitted to another drug test. TSL then provided the tractor trailer, and Graham got to work.

After his injury occurred, Graham applied for workers' compensation benefits in Kentucky, where he lives and where he applied for and received the job. But TSL denied the claim, insisting Kentucky lacked extraterritorial jurisdiction under KRS 342.670 because the employment was not principally localized in any state, and Graham's contract for hire was made in not in Kentucky, but in Missouri.

Continue reading "Where Do You Apply for Workers' Comp Benefits if Your Employment is Not Localized to Any Particular State?" »

Recently, Springfield workers' compensation lawyers got their first look at the workplace fatality statistics for 2010, when OSHA issued the Bureau of Labor Statistics' National Census of Fatal Occupational Injuries. This preliminary report showed that workplace fatalities in 2010 hardly decreased at all from 2009, and in some categories they rose substantially.

Some of the report's findings include:

• 4,547 fatal work injuries were recorded in the United States in 2010, barely different from the final count of 4,551 fatal work injuries in 2009.
• Fatal injuries among wage and salary workers increased by 2 percent in 2010, whereas fatal work injuries among the self-employed declined 6 percent.
• Fatal mining industry work injuries went from 99 in 2009 to 172 in 2010. This 74 percent increase included the multiple fatalities caused by the disasters at the Upper Big Branch Mine and the Deepwater Horizon oil rig.
• The private construction sector showed a 10 percent decline in fatal injuries in 2010 and an impressive (almost) 40% decline since 2006.
• The number of fatal workplace injuries among police officers increased by 40 percent, from 96 in 2009 to 134 in 2010.
• Work-related fatalities caused by fires more than doubled from 53 in 2009 to 109 in 2010. This was the highest number of fatalities recorded in this category since 2003.

(Click here to read the Bureau of Labor Statistics' National Census of Fatal Occupational Injuries in its entirety.)

Continue reading "OSHA Reports 2010 Workplace Fatality Totals Similar to Last Year" »

Springfield, Missouri workers' compensation lawyers recently noticed an article in Bloomberg Business Week about misclassified workers in Connecticut. According to the report, labor officials issued stop work orders to 19 construction companies working at six different sites in Westport. These companies had all misclassified their workers as independent contractors to avoid having to pay workers compensation insurance, unemployment taxes, and social security.

These 19 companies face fines of $300 per day, for each day they do not carry workers' compensation coverage as required by Connecticut law. It is the job of the division of wage and workplace standards to investigate complaints of this sort from workers and unions. Apparently they have had to issue 103 stop work orders in the past six months, and have already collected $81,000 in fines from non-compliant construction firms.

This is not just a Connecticut problem but has been in the news nationwide. Not identifying an employee's status correctly is termed "Misclassification of Workers." Although common in many different fields, it is particularly prevalent in the construction industry. It is also particularly damaging in the construction industry because of the high risk of serious accidents and injuries that should fall under the workers' compensation system.

The problem for misclassified employees is that they may not be rightly covered by standard safety regulations and may not be enrolled in worker's compensation programs that they should be eligible for.

Read what the IRS has to say about employee classification.

Continue reading "Misclassification of Employees a Growing Problem in Missouri and Nationwide: Can These Workers Collect Workers' Compensation?" »

As Kansas City workers' compensation attorneys, we have previously reported on the Missouri Chamber of Commerce's efforts to encourage workers' compensation reform. As we draw near the end of 2011, that reform continues to be a top priority for the Chamber: they are currently preparing to lobby for a variety of workforce issues when the state legislature begins its 2012 session on January 4, and Missouri's failing Second Injury Fund is one of the first items on their agenda.

The Second Injury Fund was created to provide benefits to Missouri workers who are reinjured in the workplace. It offers supplemental insurance to Missouri businesses, giving them an incentive to employ workers with pre-existing injuries or disabilities. If such an employee is reinjured on the job, the supplemental insurance--in theory--covers the injury, and the business is not liable. The fund is also supposed to pay benefits to injured Missouri workers when their employers did not obtain workers' comp insurance.

Unfortunately, things haven't quite worked out that way. At present, the Second Injury Fund is all but bankrupt. In 2009, the Missouri Attorney General's office stopped settling all cases against the fund, leaving more than 30,000 cases pending. And the number of pending cases continues to grow: about 700 more are filed each month. Even excluding these claims, the fund currently owes an estimated $1 billion for claims that have already been awarded to Missouri workers by judges. Back in March, the Second Injury Fund stopped paying out benefits to reinjured workers who had been awarded permanent total disability benefits. Of late, it has also stopping paying claims to workers with uninsured employers.

According to Richard Moore, assistant general counsel and director of regulatory affairs for the Missouri Chamber of Commerce, 170 people will not receive benefits owed to them by the Second Injury Fund by the end of 2011--and these benefits total about $13 million. What's more, the state of Missouri is required to pay an extra 9% interest on those late payments.

Continue reading "Continued Second Injury Fund Issues Affecting Missouri Workers' Compensation Claims, Chamber of Commerce Argues" »

As workers' compensation lawyers in Springfield MO, we have become aware that sometimes people do not receive benefits they are entitled to under Missouri's laws because they are not aware that they are eligible for those benefits. We want to discuss the importance of listing your next of kin or who to contact in case of emergency in your employment personnel records.

According to Missouri workers' compensation laws, if a family member dies in a work related accident, the employer/insurer must pay as much as five thousand dollars for burial costs. Added to that, the surviving spouse or other dependents are eligible for two thirds of the victim's wages for a specific period of time.

When the Division of Workers' Compensation is informed of any worker's death; the process is set into motion. They will notify the family of the deceased about their rights to compensation under the law. However, they will only notify the surviving family if they are told by the employer that there are indeed eligible dependents. Employers are required by law to keep records for every employee. You have probably noticed that anytime you start a job, there is always the question of who to contact in case of emergency.

However, the Division of Workers' Compensation has reported that many Springfield MO and other MO employers are not keeping such records. When discovered, some of these negligent employers have been referred to the state attorney general's office, because not complying with this law is considered workers' compensation fraud.

Continue reading "Who Is Eligible for Missouri Workers' Compensation Survivor Benefits?" »

What is the relationship between a pre-existing condition such as obesity and an injured workers' right to obtain full compensation for his work-related injury? This is a question that has started to come up more frequently for Springfield, MO Workers Compensation lawyers. The reason: obesity has reached epidemic proportions here in Springfield MO and throughout the rest of the nation. Being obese can seriously complicate or hinder the medical treatment a worker needs to recover after an injury. It can also cause an employer to claim that the obesity was the cause of the injury, and try to dispute a rightful claim.

Two recent reports outline the issues. The first, done in 2010 by Duke University, found a significant link between obesity and the cost of workers compensation. Obese employees were found to file double the number of workers' compensation claims as average weight employees. They also reported a whopping seven times higher medical costs from those claims, as well as 13 times more missed days of work.

There are various problems for injured, obese workers. They are more likely to have pre-existing health conditions that exacerbate their injuries, such as heart disease, hypertension and diabetes. Any of these can significantly impact the treatment of a workers compensation claim, causing costs to skyrocket. If an injured worker suffers from any of these diseases, his recovery from a work injury or illness will likely be much slower and more complicated.

A recent Gallup poll sheds even more light on this situation, with the startling statistic that overweight or obese workers miss 450 million more work days annually than their normal-weight, healthy counterparts.

Releasing the results of their poll, Gallup commented, "The high percentages of full-time U.S. workers who have less-than-ideal health are a significant drain on productivity for U.S. businesses. However, employees and employers have the opportunity to potentially increase productivity if they address the health issues that are currently plaguing the workplace."

Continue reading "Obesity a "Big" Issue in Springfield Missouri Workers' Compensation Claims" »

Post-Traumatic Stress Disorder (PTSD) was once associated strictly with veterans of wars, but now it has become an accepted diagnosis for mental health issues caused by all sorts of different situations. It is unusual for an employee to develop PTSD working at an ordinary job here in Springfield MO, but Springfield workers compensation lawyers know it certainly can happen.

Here's an (admittedly unusual and extreme) example of a workers' comp case in British Columbia in which an employee was "forced" to perform an activity so heinous and stressful that he developed this mental illness. The claimant worked for a B.C. tour company, Outdoor Adventures Whistler, which used sled dogs. After the company experienced a significant downturn to their business, it decided to kill some of the sled dogs to reduce costs.

This unfortunate incident was revealed when the employee who committed the dog killings filed a claim with WorkSafeBC, for post-traumatic stress disorder. He stated that he developed the condition after personally killing over 100 dogs. According to his testimony the dogs did not die immediately and he was forced to witness many horrible incidents.

WorkSafeBC approved the employee's claim for workers' compensation benefits. (And after hearing of the case, the Society for the Prevention of Cruelty to Animals commenced a thorough investigation.)

Continue reading "Can Springfield Missouri Workers Receive Workers' Compensation for PTSD?" »