Missouri Workers Compensation Lawyer Blog

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' Benefits, 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?" »

Springfield MO workers' compensation lawyers have been following a disputed workers' comp case in PA that went all the way up to the state Supreme Court. It involved a death benefits claim by the widow of a firefighter who died of Hepatitis C. We know that although Hepatitis C (HCV) kills about 10,000 people each year in this country, it is not always easy to prove that it was contracted on the job.

Receiving workers' compensation benefits for any of the complications that arise from Hepatitis C can be difficult: many workers are at a serious disadvantage. This potentially deadly virus can simmer undetected for ten to thirty years, making it challenging--if not impossible--to establish the cause of the illness. Medical workers--like doctors, nurses, police, and firefighters--are all at higher risk of contracting this disease than the general public, because of the rescue work and medical assistance they provide in the course of their jobs.

In the Pennsylvania case, the high court ruled that Patricia Kriebel, widow of Philadelphia firefighter Joseph Kriebel, can receive death benefits under the state's workers compensation law. Because of the dangerous nature of firefighting, the amount of help rendered to injured people and the resulting exposure to possibly infected blood, Hepatitis C is presumed by Pennsylvania to be an occupational illness for firefighters and other first responders.

In her claim for death benefits, the widow argued that Mr. Kriebel, who died in 2004, contracted hepatitis while working for the Philadelphia Fire Department from 1974 to 2003. Ms. Kriebel said her husband was regularly exposed to blood while performing one of his duties as a firefighter--assisting emergency victims. She believed that her husband contracted hepatitis from his involvement in those situations.

Continue reading "Proving Hepatitis C as an Occupational Illness Difficult in Springfield, Missouri Workers' Compensation Cases" »

A Springfield MO worker receives a back injury on the job, and goes on Missouri workers' compensation. His injury is not serious, but extremely painful, with excruciating muscle spasms. His doctor prescribes an opioid painkiller, and the worker is able to get immediate relief while he is at home, healing from his injury. Sounds good so far, doesn't it?

But an increasing problem doctors have been seeing here in Missouri and across the country is that the worker becomes addicted to the painkilling drug, using higher and higher amounts--sometimes even dying from an overdose.

It is this exact situation that has led to various states implementing medical guidelines that limit the amount of opioids that can be prescribed to workers' compensation claimants.

According to the National Institute on Drug Abuse (NIDA) opioids are basically prescription narcotics, such as morphine (Kadian, Avinza), codeine, oxycodone (OxyContin, Percodan, Percocet), and others. They say that when taken as directed, opioids are a safe method of pain relief. However, long-term use of opioids has been repeatedly shown to physical dependence and addiction. Taking a large single dose of an opioid has proven fatal.

Continue reading "Opioid Addiction is a Dangerous Issue for Workers' Comp Claimants in Springfield, Missouri and Nationwide" »

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" »

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 " »