Missouri Workers Compensation Lawyer Blog

Distracted drivers are literally everywhere - and they're becoming a major cause of work-related injuries. In 2011, OSHA held a Symposium on Prevention of Occupationally-Related Distracted Driving, where attendees discussed the consequences of using cell phones and testing while behind the wheel of a motor vehicle. OSHA Assistant Secretary David Michaels discussed just how often traffic accidents occur as a result of this careless activity.

There were a number of stakeholders that all had one goal in mind: reducing the number of work-related driving distractions. They spoke with one another in an attempt to create a plan of action, including new directions for research. Our Missouri workers' compensation attorneys understand the importance of these meetings. As technology and workplace environments continue to advance, so shall the rules and regulations to keep these places safe and injury free.

There were a number of organizations that contributed to the symposium, including the National Institute for Occupational Safety and Health, the Johns Hopkins Education and Research Center for Occupational Safety and Health, the Department of Transportation and the Johns Hopkins Center for Injury Research and Policy. These organizations participated in a number of presentations, networking opportunities, training material demonstrations and discussions.

The number of workplace fatalities caused by distracted driving continues to climb. Car accidents are the number 1 cause of on-the-job fatalities.

As a large number of workers are required to drive while on the job, each of them face an increased risk of death at work. Many local employees are urged to visit various work sites, meet with clients and customers, and deliver goods. The Departments of Labor (DOL) and the U.S. Department of Transportation (DOT) have teamed up in a countrywide campaign designed to halt distracted driving habits and save lives.

Continue reading "Texting While Driving: Now Causing Missouri Work Accidents" »

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" »

The U.S. Department of Labor's Occupational Safety and Health Administration is going to make some changes to their rules and regulations to help prevent work accidents. This change was first announced in the Federal Register back in May. The changes will require employers to enlist improved protection on their work sites to help to prevent trips, slips and falls by eliminating potential hazards on walking and working surfaces.

After a public comment period, there will be a public hearing held on these revised changes. These changes are being made in an attempt to reduce the numbers of serious -- and fatal -- fall work accidents in Missouri and elsewhere throughout the country.

"This proposal addresses workplace hazards that are a leading cause of work related injuries and deaths," said Assistant Secretary of Labor for OSHA Dr. David Michaels.

Our Missouri worker's compensation attorneys understand that new rules and regulations will continue to address concerns as technology and demands in these industries continue to advance. It is important for all employers to be up-to-date with the latest safety recommendations to help to prevent work injuries, to save the lives of their workers and to possibly avoid any costly fines or citations from OSHA.

The notice of proposed rulemaking describes the revisions that will be made to the Walking-Working Surfaces and Personal Protective Equipment standards. These standards have been set into place by OSHA to help prevent fall injuries. It is estimated that 20 workplace fatalities occur each year from falls on work surfaces. It is also estimated that more than 3,500 fall accidents cause injuries serious enough to cause a worker to miss days at work.

"This is a clear and grave example of the human cost incurred when fall protection safeguards are absent, ignored or inadequate," said Michaels. "The loss of a worker's life might have been prevented if the protective measures in these revised standards had been in place and in use."

According to the most recent walking-working surfaces regulations, employers are to eliminate outdated and dangerous fall protection equipment. This type of equipment includes lanyards and body belts. These protection devices can result in workers suffering even worse injury from falls. So far, construction and maritime workers already have safer, more effective fall protection devices. They are required to already use self-retracting lanyards and ladder safety and rope descent systems. The updates in OSHA rules would require that these proposed revisions be mandatory for general industry workers as well.

OSHA is not able to fine employers who allow their workers to climb certain ladders without fall protection under the current walking-working surfaces standards. With these new rules and regulations set forth, this restriction would no longer apply to any industry and OSHA would be able to issue citation to employers who lack this fall protection and to those who are jeopardizing their worker's safety. Climbing these ladders without the proper fall protection can produce serious injuries or even deadly consequences.

Continue reading "OSHA Updates Walking and Working Surface Regulations to Help Prevent Fall Accidents and On the Job Injuries in Missouri and Elsewhere" »

With the launch of our Missouri Workers' Compensation Lawyers Blog, we want to answer some of the most commonly asked questions about what to do in the event of a work injury in Missouri. We suggest speaking with a workers' compensation attorney in your area. While you may file a claim without an attorney, we don't recommend it. You may represent yourself in just about any court in the land -- we don't recommend that as the best course of action either.

Unfortunately, employees sometimes fail to understand the complex nature of filing a claim. They count on their employer to do the right thing. In reality, you and your employer are too often in an adversarial relationship after you file a claim. Botched claims can impact the financial well-being of you and your family for years to come. Often, an injured employee finally seeks experienced assistance after a claim is denied or once the claim is well under way. Properly filing a claim and protecting your rights should be done from the beginning. Correcting an injustice can be much more difficult.

Here are some commonly asked questions regarding workers' compensation rights in Missouri:

Do I have a workers' compensation case? In general, if you are an employee of a company with five or more employees, and you are injured on the job, then you are covered under the Missouri workers' compensation program. While there are some exceptions -- including domestic servants and farm laborers -- the vast majority of employees are covered in the event of an on-the-job accident, illness or injury.

However, the laws are complex and that is a deceptively simple explanation. Workers' compensation laws were formed to shield employers from civil liability in most cases. In other words, you accept benefits and agree not to sue for damages. In reality, state and federal laws have muddied the waters in some cases. And you can count on your employer and its insurance company to move to limit your claim whenever possible.

Seeking an attorney is the best course of action when it comes to fighting for the current and future financial well-being of you and your family.

What are my rights under the workers' compensation statute? You have the right to medical care and proper treatment of your injury, payment for lost wages and compensation for any disability that may result from a work injury or illness.

Should I be paid for the time I am unable to work? Yes. You are entitled to lost wages under the law. Again, however, the actions of employers and their insurance companies have muddied the waters. What if you are offered a desk job at half the pay? Do you need to accept? What if the company orders you to report to work far from your normal location? Or tells you to accept a job which you have never done and are not trained for? Can you be laid off or downsized during a work injury claim? These are all complicating factors best left to your attorney.

How long do I have to file a workers' compensation claim? You must immediately report your injury to your employer. Failure to report an injury within 30 days may jeopardize your ability to collect benefits. Notify your employer in writing -- including the date, time and place of injury, as well as the nature of the injury and the name and address of the injured employee. Keep a copy of the notice for yourself. Keep a record of delivery -- if you personally deliver the notice, write down the date and time as well as the name and title of the person to whom you delivered it. You may verify that your injury has been reported to the state, you may call 800-775-2667.

Continue reading "Missouri Workers' Compensation: Filing a Claim and Protecting Your Rights after a Work Accident" »

The tornadoes and the torrential rains mean the roofers will be even busier than usual this spring and summer. Employers have an obligation to protect employees from fall hazards, heat stroke and other dangers associated with roofing accidents in Springfield, Columbia and elsewhere in Missouri.

The Occupational Safety & Health Administration has spent the spring issuing directives aimed at reducing the risk of residential and commercial roofing accidents. Still, two Missouri roofing companies were recently cited for significant health and safety violations.

A St. Louis roofing company was slapped with nine alleged safety violations for repeatedly exposing workers to fall hazards; the proposed fine is more than $56,000.

"Falls remain the number one killer of workers in the construction industry," said Charles E. Adkins, OSHA's regional administrator in Kansas City, Mo. "OSHA will not tolerate employers who place workers' lives at needless risk by repeatedly failing to provide and ensure the use of fall protection."

Less than two weeks later, another St. Louis roofing contractor was issue proposed penalties of nearly $70,000 for 11 serious and repeated safety violations. Safety issues included fall hazards, lack of eye protection, scaffold fall and trip hazards and inadequate training.

Late last year, OSHA withdrew permission for residential roofers to bypass some fall protection requirements. Previously, some protections had not been mandated for residential roofers in cases where feasibility, space to operate, or other concerns were present. The high number of deaths among residential roofers moved the government to make the change.

"We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Almost every week, we see a worker killed from falling off a residential roof. We can stop these fatalities, and we must."

The Bureau of Labor Statistics reports an average of 40 workers are killed each year in falls from residential roofs and hundreds more are injured.

Fall protection requirements for residential roofers now include a requirement that those working at a height of six feet or more use guardrails, safety nets or personal fall arrest systems.

Those seeking exemptions from the rules must have an alternative fall-protection plan in writing and must document the reason why conventional fall protection will not work or would create a greater hazard.

Visit OSHA's residential fall protection program for more information.

Continue reading "Missouri Workers Compensation Injuries and Roofing Accidents a Spring and Summer Danger " »

In launching our Missouri Workers' Compensation Lawyer Blog, we have reported about some of what you need to know when dealing with a work injury in Springfield are elsewhere in Southern Missouri.

Hiring a lawyer, determining whether you have a claim, and obeying strict time limits can all be critical to your ability to collect lost wages and payment for medical expenses and/or disability in the wake of a serious work accident or injury in Missouri.

How do I file a workers' compensation claim?

1) Report your injury to your employer immediately. Failure to report an injury within 30 days may jeopardize you ability to collect benefits.

2) Seek medical treatment. The employer and its insurer is required to pay for such care -- including prescriptions and medical devices. The employer and its insurer has the right to choose the physician and healthcare provider. However an employee can select his or her own physician at personal expense.

3) Travel: The employer is required to reimburse an employee for mileage for travel of up to 250 miles for treatment.

4) In addition to payment for medical treatment, employee is entitled to temporary total disability benefits and permanent partial or permanent total disability benefits.

What if I am unable to return to work? In the event that your injuries prevent you from returning to work, you will be eligible for disability benefits. Either "temporary," "permanent partial" or "permanent total."

What is disability rating? The state has determined payout schedules for various injuries. Here is a schedule for permanent partial disability. The numbers indicate the length of payouts for various injuries, from 8 weeks for the tip of a toe to 400 weeks for an entire person. A doctor will decide whether you are eligible for permanent total disability or permanent partial disability.

5)Resolving your case: Once your case has gone through the hearing process and an award is issued by an administrative law judge, you have the right to file an application for review within 20 days.

6) Appealing your Decision: An appeal of the final award is to the Labor and Industrial Relations Commission. A second appeal may be requested after final award by the commission. This is done by filing a notice of appeal to the Missouri Court of Appeals in a timely manner.

Continue reading "Missouri Work Accidents 101: Filing a Claim and other Information you Need to Know" »