Missouri Workers Compensation Lawyer Blog

The Missouri Chamber of Commerce and Industry names workers' compensation reform as one of its "leading legislative priorities," according to the Chamber's website. The Board of Directors approved the 2012 Legislative Agenda at their Kansas City, Missouri meeting on November 8, and workers' compensation was the subject of extensive discussion. Missouri Chamber President, David Mehan, argued that recent court interpretations of workers' compensation laws is "hurting business and most of all, it's hurting Missouri workers."

In fact, the Chamber has identified workers' compensation reform as one of the issues in its "Fix the Six" campaign, which plans to address the six areas that most directly affect the creation and protection of Missouri jobs. Specifically, the Chamber will focus on two workers' compensation cases where they feel a dangerous precedent has been set. Also, importantly, they will work to resolve some of the issues with Missouri's problematic Second Injury Fund. The problem is, Mehan says, that unintended consequences have arisen as a result of several 2005 reform measures; as a result, Missouri courts are making interpretations that exclude protections which have always been covered by the domain of worker's compensation.

In the first case, Robinson v. Hooker, the ruling dictated that Missouri employees who are injured on the job may sue their co-workers in civil court for negligence, an action which has thus far been upheld by Missouri courts. The Chamber's concern is twofold: first, that businesses will struggle to recruit and retain qualified employees, particularly those in supervisory positions, without offering them some kind of protection against civil litigation; and second, that the workplace environment and rapport between employees will be damaged by the potential for these lawsuits.

The second case, Franklin v. CertainTeed Corp., impacts employees who contract occupational diseases. Previously, this area of litigation was solely within the domain of workers' compensation, but in this case the court ruled that employees can alternatively seek compensation from employers in civil courts. The Chamber argues that, here again, the precedent sent is damaging to Missouri workers, who will frequently be forced to pursue their cases in a more expensive, time-consuming way.

Continue reading "Missouri Chamber of Commerce Meets in Kansas City, Identifies Workers' Compensation Reform as a Major Priority" »

Kansas City workers' compensation lawyers address permanent disability benefits in this fourth post on frequently asked questions under the Missouri workers' compensation law.

Some common questions and answers regarding permanent disability and disfigurement:

Can I be compensated for permanent scarring due to a work injury?

The workers' compensation law provides that compensation of up to 40 weeks may be awarded for permanent scarring and disfigurement on the head, neck, arms and hands due to a work injury. The amount of compensation typically is assessed by an Administrative Law Judge and is discretionary on the ALJ's behalf. A good rule of thumb (but not binding by any means) is that ALJs typically will assess 1 week of compensation for each week of scarring on the arms or hands, and 2 weeks of scarring for each inch of scarring on the neck or face. Whether the scar is discolored or raised also is generally factored into the assessment and may increase the ALJ's assessment. In most cases involving surgery on the head, neck, arms or hands, there will be some scarring and therefore some disfigurement compensation due.

I was provided a disability rating by a doctor, what does that mean?

In most workers' compensation cases involving more than the most minor of injuries, the treating doctor (chosen by the employer and insurer) will provide a permanent partial disability rating. This disability rating (usually referred to as a PPD rating) is expressed as a percentage of disability at a certain level of the body. The PPD rating is used to calculate the amount of compensation due for your permanent partial disability.

Will I be compensated for permanent partial disability?

If the medical evidence supports a finding of permanent partial disability, then you should be compensated with a lump sum settlement for such disability. The PPD rating provided by the treating physician is not binding on you or the ALJ, and if you have an attorney your attorney may have you see another doctor to get a second opinion on your PPD (usually called an IME).

Continue reading "Kansas City Missouri, Workers' Compensation Attorneys Address Frequently Asked Questions About Missouri Workers' Compensation--Part Four" »

In this third post on frequently asked questions about Missouri Workers' Compensation Law, Kansas City, Missouri, workers' compensation lawyers address the types of disability benefits available to injured Missouri workers to compensate them while they are off work and in medical treatment due to their injury, and other issues involving off-time benefits.

If I am off work due to an injury, am I entitled to compensation for lost wages?

Possibly, depending on how many days you are off work and whether the treating physician specifically took you off work due to the injury. Where the treating physician determines that you cannot work because of a work-related injury, so long as you miss more than 3 regularly scheduled work days, you are entitled to temporary total disability benefits (TTD) to compensate you for your lost wages. You will not be paid wages or TTD for the 3 day waiting period unless your time off extends past 14 days, at which time the insurance company should pay TTD for the initial 3 days missed.

TTD benefits are paid as 2/3 of your average weekly wage in the 13 weeks prior to your injury up to a statutory maximum benefit. The current maximum TTD rate for injuries sustained after July 1, 2011, is $811.73. TTD benefits should be continued to be paid in the same manner as your ordinary income (but at least every 2 weeks) until your doctor releases you to return to work, or your treatment is finished because you have reached maximum medical improvement.

Will being terminated affect my eligibility for TTD compensation?

IF you are terminated for post-injury misconduct, than the employer and insurer may have a valid defense to paying you TTD benefits.

If I am on modified duty and earning less than before the injury, am I entitled to compensation?

Continue reading "Kansas City Missouri, Workers' Compensation Attorneys Address Frequently Asked Questions About Missouri Workers' Compensation--Part Three" »

This is the second post in our Q & A series about Missouri workers' compensation law regarding the rights of injured workers in Lee Summit, Kansas City, and across Missouri. Questions about medical treatment often arise, and are addressed in this article.

Can I Pick My Own Doctor and Still Have My Treatment Covered by Workers' Compensation?

No. In Missouri, the employer must pay for reasonable and necessary medical treatment related to a work injury, and in exchange the employer has the right to select your physicians. The right to choose the physician belongs to the employer by statute, however, the employer typically delegates such right to the their workers' compensation insurance carrier. It is not uncommon for an insurance adjuster to contact an injured employee and notify them of the name of the doctor they must see under workers' compensation.

The employer/insurer chooses the physician, and must authorize treatment before it will be covered by workers' compensation.

Just because employers have the right to choose physicians and direct the medical care, does not mean employees are forbidden from choosing their own doctors. Indeed, employees are free to choose their own physician and direct their own medical care, but such treatment will typically be at their own expense if the employer/insurer accepted the case and offered treatment. Therefore, unless an employee wants to pay for treatment out of their own pocket (because their health insurance likely won't pay either, as discussed below), the only option usually is to see the doctors the employer/insurer directs the employee to.

Can I Get a Second Opinion or Change Doctors?

Sometimes injured workers are unhappy with the care they receive from the doctor the employer/insurer directed them to. An injured worker may not be making any progress towards healing and believes he or she needs a different type of treatment, tests, a specialist, or surgery that the employer/insurer's authorized treating physician doesn't approve.

Continue reading " Kansas City Missouri, Workers' Compensation Attorneys Address Frequently Asked Questions About Missouri Workers' Compensation--Part Two" »

As workers' compensation lawyers, we frequently encounter similar questions about Missouri workers' compensation law from the Kansas City area and across Missouri. In order to answer some of the frequently asked questions, we will cover some common questions and answers in a series of articles on this blog.

Let's start with the basics:

What is Workers' Compensation?

The Missouri Workers' Compensation Law (Chapter 287 of the Missouri Revised Statutes) governs the rights and obligations of both employers and employees when an employee suffers an on-the-job injury. Workers' compensation covers both injuries by accident (such as a fracture from a slip and fall) and injuries due to occupational disease (such as carpal tunnel syndrome from repetitive occupational exposure).

Who is Covered Under Missouri's Workers' Compensation Law?

All Missouri employers with five or more employees are legally required to carry workers' compensation insurance. All employers in the construction industry, even if they have only one employee, are also required to carry this coverage.

Does Missouri's Workers' Compensation System Benefit the Employer, or the Employee?

The workers' compensation system was initially designed to be a win-win for both employer and employee, with the employer having limited liability and the employee no longer having to prove negligence to receive compensation for a workplace injury. The system has grown more complicated over time, and recent legislative changes pursued by employers have sought to limit compensation available for employees. Recent appellate decisions, on the other hand, have been pushing back in favor of employees. Overall, there are benefits and downfalls for both sides, with the balance constantly pushing one way or the other with the ebb and flow of the changes to the statutes and the development of case law. Who the system benefits more is a matter of opinion and constantly changing.

Continue reading "Kansas City Missouri Workers' Compensation Lawyers Address Frequently Asked Questions About Missouri Workers' Compensation--Part One" »

As members of the Joplin community, we were deeply affected by the May tornado, and the destruction and loss of life and suffering it has caused our friends and neighbors. We are grateful that our office was not occupied when the tornado demolished it. And as Joplin workers' compensation lawyers, we have been following with great interest the story of Mark Lindquist, one of the undisputed heroes of the deadly tornado.

The story of Mark Lindquist almost became a tragedy itself, after his employer's insurance carrier refused workers' compensation benefits to cover the injuries he sustained on-the-job during the tornado. Lindquist was working as a social worker at a group home for developmentally challenged adults when the tornado hit. The job paid barely above minimum wage; not nearly enough for him to afford personal medical insurance.

When the tornado siren sounded, Lindquist and co-worker Ryan Tackett were taking care of three men with Down's syndrome. Although the facility had no basement to retreat to, the two employees had had tornado drills and knew what steps to follow to keep their clients safe. Lindquist and Tackett covered the three men with mattresses for protection, then they climbed atop the mattresses for added weight. Apparently this was necessary because the three clients could not move quickly enough to relocate to a shelter in time.

"I told Ryan, 'If you've ever prayed before, now is the time to do it,'" Lindquist later said.
When the deadly EF-5 tornado actually hit, its 200 mph winds tossed Lindquist nearly a block. His survival was miraculous indeed, but his injuries were severe: every single rib broken, one shoulder obliterated, chunks of flesh ripped out, and most of his teeth knocked out. Lindquist remained in a coma for about two months.

Sadly, the three clients he tried to save were all killed.

Continue reading "Joplin Missouri Hero to Finally Receive Workers' Comp Benefits after 5 Months and 2.5 Million in Medical Bills" »