Missouri Workers Compensation Lawyer Blog

Workers' compensation law - in particular, Senate Bill 572 - has been the subject of much debate in the Missouri legislature throughout the last month. In early March, the bill passed in the Missouri House with a vote of 87-68, after passing more overwhelmingly in the Senate (26-8). The bill has been the subject of some controversy: under its terms, occupational diseases would be entirely covered by workers' compensation: since 2005, employees have been able to pursue such claims through civil courts. Occupational diseases are chronic ailments that are caused by workplace conditions, including conditions like mesothelioma and carpal tunnel syndrome.

In addition, SB 572 would have created a cap of $300,000 on the amount of punitive damages that an employee could collect for illegal discrimination. It would've also prevented employers from terminating employees who report illegal workplace activities to law enforcement authorities ("whistle blowers"), and ban lawsuits against coworkers for workplace injuries.

Then, in mid-March, Governor Nixon vetoed the bill, citing "fundamental flaws" in its language. "[The bill] is nearly identical to the bill I vetoed last year because it would undermine the Missouri Human Rights Act and decades of progress on civil rights," Nixon said. The Insurance Journal reports that "in a veto message to the Legislature, Nixon raised several specific objections [to SB 572], including to the restrictions on punitive damages against governmental bodies and to a portion that he said would have blocked from liability the individual at a business who commits the discriminatory act."

In response, on March 29, the Senate voted to override Gov. Nixon's veto. According to the Associated Press, Senate Majority Leader Tom Dempsey (who also sponsored the measure) said "the override vote was necessary because Nixon had not offered lawmakers any suggestions for how to make the measure better."

The president of the Missouri Association of Trial Attorneys, Phil Hess, expressed frustration with the Senate's override, because SB 572 would also place limits on the amount victims can recover by sending those who suffer from occupational diseases back to the workers' compensation system. "Current law allows these victims to access real justice in civil court. Forcing these families into workers' comp is not justice," Hess said in an email to the AP.

Continue reading "Workers' Comp Legislature Passed By MO House, Then Vetoed by Gov. Nixon: Provisions of SB 572 Still Up for Debate" »

It has come to our attention that sometimes injured workers in Springfield, Missouri don't apply for the benefits they are entitled to under Missouri's Workers' Compensation Act because they are afraid their employer will retaliate against them. Unfortunately, this fear is not unfounded. It is not easy for an employer to get away with retaliatory discharge - meaning firing the worker after he or she reports a work-related injury, which does happen occasionally. However, there are many other types of retaliation that are much more common and not nearly as easy to prove.

Retaliation against a worker for filing a workers' compensation claim is illegal in Springfield and anywhere else in Missouri, but it still happens. The Missouri Workers' Compensation Law, section 287.780, clearly states: "No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter." It goes on to explain that any worker who has been either fired or retaliated against in any way has grounds for a lawsuit against his employer.

Obviously, this does not guarantee that a worker will keep his or her job. If, after finishing all available medical treatment for your injuries, you are still unable to perform your job, your employer is not required to keep you on staff (or even try to find you another position). And it's possible that you could be terminated for other reasons, having nothing to do with your workers' comp claim.

Employer or manager retaliation may show up in any of the following types of discrimination or harassment:

• Unwarranted poor performance review
• Scheduling issues
• Isolation or intimidation
• Demotion, reassignment, reclassification or transfer
• Threatened adverse wage action
• Interference with or dispute of a legitimate workers' compensation claim
• Unreasonable increase or decrease in job duties
• Unjustified disciplinary action

Continue reading "Employer Retaliation in Springfield, Missouri Workers' Compensation Cases" »

As Missouri workers' compensation lawyers, we know that if you or a loved one has been injured on the job, you likely have a lot of questions - not to mention worries. Will I be able to work again? How will I pay my bills? Below, we've bullet pointed basic facts about workers' compensation in Missouri. If you have additional questions or concerns, it's probably a good idea to consult with a qualified Missouri workman's compensation attorney.

Missouri workers' compensation:

• It is a no-fault insurance plan for workers injured within the scope of employment.

• It pays medical benefits and wage loss compensation. Medical benefits can include coverage for doctor visits, prescriptions, laboratory work, medical supplies, physical therapy, and hospitalization.

• Its goal is to help the employee heal and return to his or her job.

• Its laws are outlined in chapter 287 of the Revised Statutes of Missouri.

• It is administered by the Missouri Division of Workers' Compensation.

• It does not cover your injuries if you were not within the scope of employment when you were injured (i.e. commuting to work or running a personal errand.)

• It most likely won't cover you if you were drunk, on drugs, breaking the law, breaking a company police rule, trying to hurt someone else or yourself, or participating in a purely (non-required) social event.

• It covers job related injuries such as burns, amputations, hernias, bone fractures, torn meniscus, stroke, general anxiety disorder, chronic obstructive pulmonary disease, post-traumatic stress disorder, bulging disc, concussion, torn rotator cuff, blindness, neck injury, back injury, fibromyalgia, and carpal tunnel syndrome.

• It authorizes your employer to choose your treating physician.

• It offers disability benefits to injured workers, including temporary total disability benefits, permanent partial disability benefits, and permanent total disability benefits.

• Under certain circumstances, it can cover vocational rehabilitation benefits and death benefits.

Continue reading "Workers' Compensation in Missouri: The Necessary Facts" »

In 2011, the Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health (NIOSH) have developed two guidance documents (one for employers and one for employees) that describe the use of spirometry testing. OSHA recommends that workplaces utilize these tests to help reduce and prevent exposure to respiratory hazards, which can cause serious work injuries in Missouri and throughout the country.

Spirometry is a common pulmonary function test that is used to measure the efficiency of air flow in a person's lungs. The inhalation of contaminants (such as dusts and gases) can - over time - cause some serious lung damage or even lung cancer. These documents present a number of ways that employers can identify and eliminate these types of work hazards. Elimination of these contaminants can help to prevent lung disease in workers.

If you work in a contaminant-high environment, our Missouri workers' compensation attorneys urge you to take this test as soon as possible: spirometry can detect changes in breathing, alerting you to lung dysfunction at an early stage. Employers are required by law to ensure the safety of their employees to the best of their ability. If an employer fails to protect a worker from a known hazard, they are responsible.

"Spirometry is the best available test for early detection of decreasing or abnormal lung function," said Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. "Our joint effort with NIOSH in developing these products will help broaden outreach and enhance knowledge of preventive measures aimed at protecting worker health and safety."

Monitoring workers' lung function can help identify problems sooner rather than later, so that changes can be made in the workplace when needed. The test can help to make your job safer by identifying when workplace hazards may be causing respiratory problems.

"We are pleased to join with OSHA in emphasizing the important role of spirometry in preventing costly, debilitating, and potentially fatal occupational lung diseases," said NIOSH Director John Howard, M.D. "These tests are a vital component of health and safety programs in workplaces where workers may be exposed to hazardous airborne contaminants."

OSHA recommends that employers test for diacetyl and diacetyl substitutes through this spirometry test as well.

OSHA is making some other changes. In 2011, they decided to withdraw a proposed interpretation titled "Interpretation of OSHA's Provisions for Feasible Administrative or Engineering Controls of Occupational Noise." This was the interpretation that would have clarified the phrase "feasible administrative or engineering controls." The proposed interpretation they're withdrawing was initially published in the Federal Register back in October of 2010.

Continue reading "Missouri Work Accidents Often Impact Lungs, Hearing" »

In the last installment of our 4 part series, "Best Practices for Injured Workers," our Missouri workers' compensation attorneys discuss the different ways that workers' comp claims can be resolved.

Claims for compensation are filed when an injured worker does not ultimately receive all benefits that he or she is entitled to. The workers' comp system gives injured employees the legal right to seek compensation for workplace injuries, but they are not permitted to sue their employers for negligence in civil court: injured workers must seek compensation through the workers' comp system. Workers' comp provides benefits for permanent disability, medical expenses and lost wages, but not for pain and suffering.

Every claim is different. Every case is impacted by numerous factors in varying degrees, including the nature and extent of the injury; the circumstances that caused the injury; and the conditions and environment in which the injury occurred. All of these elements can affect the path a claim takes toward resolution, and the resolution itself. Remember that you're legally entitled to consult a workers' compensation attorney at any point in the process. Missouri workers' compensation law can be complicated: an experienced lawyer can help you navigate your claim through the Missouri workers' comp system, and make sure you understand all the options available.

What happens after a claim is filed?
Again, it depends on the claim. Speaking in general, here are a few possible avenues:

A claimant can ask for a pre-hearing for the following reasons:
• to request approval for a settlement agreement;
• to address any issues that must be resolved so the claim can move forward; or
• to expedite the resolution of the claim, when parties have a "good faith belief" that a pre-hearing will help move the claim towards settlement or final hearing more quickly.

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

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" »

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" »

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?" »

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" »