Missouri Workers Compensation Lawyer Blog

One of the most common questions Springfield Missouri workers' compensation lawyers are asked concerns when to file an official claim with the Missouri Division of Workers' Compensation. Injured workers want to know, "Is reporting my injury the same as filing a claim? Is filing a claim always necessary? Is this something I must do immediately to protect my rights?"

Reporting an Injury

First and foremost, what an injured worker must do to protect his/her right to workers' compensation benefits is report the injury immediately to a supervisor or manager/owner of the employer. This report should be made in writing and should advise the employer of how and when you got hurt. Under the workers' compensation law, if an injury is not reported within 30 days, the employer/insurer may have a defense that leads to the injured worker receiving no compensation.

One thing that often trips up injured workers is believing that their injury is minor, and therefore that they will feel better in a day or two and fail to report their injuries. This is particularly prevalent in cases involving back strains and sprains. Sometimes, workers will take vacation days, get out of town, relax, and assume that is all they need to recover.

By the time they realize their work-related injury is not getting any better, or has gotten worse, two or three weeks may have already passed. When these workers finally report the injury to their employer--the employer and insurer look suspiciously at the injury. They might question whether the injury really happened over the weekend, or on vacation, and may use your delay in reporting it to deny benefits.

By not reporting any injury promptly, no matter how minor it seems, you are weakening your Missouri workers' compensation case and causing unnecessary complications. You have nothing to lose by reporting any injury, even a cut to your hand. After all, it might become infected over the weekend, leading to expensive medical treatment. If you do not report it when it happens--how can your employer know that the injury really happened at work and he is indeed liable to pay for your treatment?

Missouri workers' compensation law also requires that occupational disease or repetitive motion injuries be promptly reported as well via written notice. Because these cases don't involve an accident, employees are required to report them no later than 30 days after receiving the diagnosis from a physician. This would apply to injuries and illnesses such as carpal tunnel syndrome, epicondylitis, or mesothelioma.

The necessity of timely reporting an injury cannot be overstressed.

Continue reading "Springfield Missouri Workers Often Ask Whether They Need to File a Claim for Compensation " »

The question is often asked, "My medical problems were caused by my job, but I didn't have any specific accident. Can I still collect workers' compensation benefits?"

In this article Joplin, Missouri workers' compensation attorneys address the question of whether cumulative or repetitive trauma injuries are compensable under the Missouri workers' compensation system.

Cumulative Trauma Claims

Many people might not believe they have a workers' compensation claim because their pain or medical problem crept up on them slowly, over time. Because they did not have a specific work-related accident to point to, such as a fall, they do not believe they can get benefits under workers' compensation.

However, the workers' compensation law does not necessarily require a specific event to have occurred to qualify for benefits. A gradual onset injury is often referred to as a "repetitive trauma" or "cumulative trauma" injury, and such injury may be compensable under workers' compensation.

One common cumulative trauma injury that everyone has heard of is the repetitive stress injury carpal tunnel syndrome. While the causes for carpal tunnel syndrome of course vary, repetitive work with the hands, such as typing or other hand-intensive work, can lead to its development. While there is likely no specific accident that occurred that led to the development of the carpal tunnel, the long-term exposure to the repetitive stress may have caused it, and such injury is indeed often compensable under workers' compensation.

There are many other cumulative trauma injuries as well, including things such as tendinitis, long term exposure to toxic chemicals, hearing loss due to repeated exposure to loud noises, etc.

Continue reading "Cumulative Trauma Injuries and Missouri Workers' Compensation Claims Impacting Workers in Joplin, Missouri and Surrounding Area" »

Mining is one of the Missouri industries with a high rate of work-related accidents and injuries. Because we assist injured miners with workers' compensation claims, Joplin Missouri workers comp lawyers have been watching the results of the 29th Annual Missouri Mine Rescue Contest with great interest. In this competition, miners from around the country attempt to prove their expertise and readiness in case of an actual mine accident. These vital skills can and do save the lives of U.S. miners every year.

Many Missourians are unaware of just how much mining still takes place in our state. There are currently 400 active mines. In fact, Joplin is known for both lead and zinc mining. "Mining is an $8 billion industry and employs 30,000 men and women in Missouri. Protecting this industry is important to the well-being of our state--however, the most precious commodity is the miner," said Larry Rebman, director of the contest.

Although a necessary industry, mining is one of the most dangerous as well. Aside from dramatic cave-ins, such as the Chilean mining disaster which riveted us to our televisions last year, many other injuries happen during the day to day mining operations as well. If a miner is injured, he or she is covered by Missouri's workers compensation laws.

The three-day contest took place partly underground, including a simulated mine rescue of a live accident victim.

Aaron Sachs and Associates sends congratulations to the 2nd Place Overall Contest winner from Missouri S & T, Rolla, and the five other Missouri teams who entered this important competition.

Continue reading "Missouri's Mine Rescue Contest Tests Miner's Skills in Saving Lives after a Work Comp Accident" »

Many people assume that the only time a Springfield Missouri workers' comp case runs into difficulties is if the employer denies the claim. However, there are many times when injured Springfield employees are already receiving their workers' compensation checks, and proceeding with their medical treatment, and suddenly the case runs into difficulties.

Here's a possible example: A treating physician diagnoses a work related injury, and decides upon a course of treatment to heal that injury. He might prescribe rest, immobilization in a brace, sling or cast, medication or even physical therapy. The worker is receiving weekly checks and complying with the doctor's treatment regimen--but the injury is not healing, or is getting worse.

Finally, it is recommended that the worker have surgery. This may be the recommendation of the original treating physician, or another physician seen by the worker because his injuries are simply not healing. It is at this point that a workers' compensation case runs into trouble with the employer's insurance carrier--who denies the surgery. They are hoping that the injured worker will accept their denial, and not take the case any further. They are hoping that the injured worker does not know his rights.

Looking at a popular online workers' compensation forum, we spotted at least six different injured workers asking for advice because their surgeries were being denied. If something like this occurs to you, instead of asking for opinions from others online, you should probably start thinking about hiring an attorney to protect your rights.

Continue reading "Know Your Rights if Springfield Missouri Workers' Compensation Refuses to Pay for Surgery" »

Vega-Rivera v. Hyatt

In Maribel Vega-Rivera v. Hyatt, Injury No. 08-103142 (Mo. Labor & Indus. Rel. Comm. 2011), the Missouri Labor Commission affirmed an Administrative Law Judge's Award of workers' compensation benefits with a separate opinion confirming as a matter of law that an injured employee's immigration status does not bar the employee from receiving workers' compensation benefits. Springfield, Missouri workers' compensation lawyers have analyzed the case and prepared the summary below.

Facts of the Case

Maribel Vega-Rivera had been employed as a housekeeper for Hyatt hotels since approximately 1996, working a minimum of 40 hours per week. He job duties included the general day to day cleaning of 30-40 hotel rooms. Vega-Rvera developed severe problems with her hands including persistent pain and numbness. She filed a Missouri claim for compensation alleging she contracted bilateral carpal tunnel syndrome in the course and scope of her job duties as a housekeeper for Hyatt.

Hyatt denied her workers' compensation case on several grounds, disputing whether her injuries were medically caused by her work at Hyatt and alleging that Vega-Rivera's alleged illegal immigrant status barred her from receiving workers' compensation benefits. The case went to trial before an Administrative Law Judge with the Division of Workers' Compensation, and the Judge found for Vega-Rivera on compensability, including the immigration issue. The employer appealed the decision to the Labor and Industrial Relations Commission, whose 3 member body comprises the first level of appeal from a workers' compensation decision.

The Labor and Industrial Relation Commission's Decision

The Commission affirmed the Administrative Law Judge's decision, and authored a supplemental opinion, specifically addressing the issue of whether an employee's immigration status affects the right to obtain workers' compensation benefits. The Commission treated the issue as an affirmative defense raised by the employer/insurer, and thus placed the burden of proof on the employer/insurer. The employer/insurer argued that Vega-Rivera could not be considered an "employee" under RSMo § 287.020, which provides in relevant part, "The word "employee" as used [in the workers' compensation law] shall be construed to mean every person in the service of any employer ... under any contract of hire...."

Continue reading " Labor Commission Decision Finds Immigration Status Irrelevant for Missouri Workers' Compensation Purposes" »

Missouri's workers' compensation laws were initially designed to be the "exclusive remedy" for injured workers, meaning that if an employee was injured or made ill due to employment, the employee had go through the workers' compensation system to receive benefits, and could not sue the employer in civil court. However, changes made to the workers' compensation law in 2005 have resulted in several recent cases eroding workers' compensation exclusivity, and therefore opening up other possible avenues of compensation for injured Missouri workers. Columbia, Missouri workers' compensation lawyers have analyzed one recent case, and prepared the summary below.

State ex. rel. KCP&L Greater Missouri Operations Co. v. Cook

In State ex. rel. KCP&L Greater Missouri Operations Co. v. Cook, --- S.W.3d ----, 2011 WL 4031146 (Mo.App. W.D. 2011), the Missouri Court of Appeals determined that occupational disease claims are not subject to workers' compensation's exclusive remedy. Under the Cook decision, an employee with a work-related occupational disease may now choose between bringing a workers' compensation claim in administrative court, or filing a lawsuit for damages in civil court.

Background: Accidental Injuries v. Occupational Diseases

The Missouri workers' compensation system has long categorized work injuries as one of 2 general types: accidental injuries or occupational diseases. An injury by "accident" is defined by Missouri law as "an unexpected traumatic event or unusual strain identifiable by time and place of occurrence and producing at the time objective symptoms of an injury caused by a specific event during a single workshift." Section 287.020.2, RSMo. A classic example of an accidental injury would be torn rotator cuff sustained while an employee lifts an object in her employment. An injury by "occupational disease" is defined as "an identifiable disease arising with or without human fault out of and in the course of employment." Occupational disease claims include injuries due to exposure to harmful substances, such as asbestosis and mesothelioma, and repetitive or cumulative trauma injuries, such as carpal tunnel syndrome.

Continue reading " Workers' Compensation No Longer the Exclusive Remedy for Missouri Occupational Disease Claims" »