Missouri Workers Compensation Lawyer Blog

Normally, workers' compensation claims are very different from medical malpractice cases. But what happens when medical malpractice results from treatment for an injury covered by workers' compensation?

This predicament can be unbelievably frustrating. It's upsetting enough to be injured and unable to work: when you feel you have an unsympathetic doctor who isn't treating you effectively, a tough time becomes even tougher. Seeing an injury worsen when you're expecting it to improve can be disheartening and even alarming - particularly when medical bills are continuing to pile up.

So, can an injured employee sue a workers' comp doctor (who is typically selected by the employer) for medical malpractice? It's a complicated question. In fact, it is nearly impossible to give a conclusive answer without reviewing the exact circumstances and medical records connected to a specific case. As our workers' compensation lawyers know, there are multiple factors that must be considered.

It's worth noting that in some states, workers' comp doctors cannot be sued for medical malpractice because the doctors are considered "co-employers." In other words, the doctors are covered by the same laws as the employer, meaning the workers' compensation system is the only way to address the malpractice.

In Missouri, however, a workers' comp doctor is considered a third party who can be subject to a lawsuit. And it's common for injured employees to question the methods of workers' compensation treating physicians, particularly when the recovery process is painful, expensive and time-consuming.

While it's true that there have been occurrences of medical malpractice in workers' comp cases, it's important to remember that malpractice has a very specific legal definition. For example, if your injury does not heal (or if it worsens over time), that is not necessarily a sign of medical malpractice. To win a malpractice suit, a plaintiff must prove 4 separate elements:

1. A duty of care was owed by the physician; 2. the physician violated the applicable standard of care; 3. the person suffered a compensable injury; and 4. the injury was caused in fact and proximately caused by the substandard conduct.

Continue reading "Workers' Compensation Plus Medical Malpractice Equals a Complicated Case" »

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 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" »

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" »

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" »

The National Institute for Occupational Safety and Health (NIOSH) reports that more than 600,000 workers suffer from back disorders annually. Missouri workers' compensation lawyers are very aware that acute back injuries are one of the main contributing factors that lead to the inability to work and to permanent disability in Missouri workers. As the population ages so does the frequency of back injuries, as more workers are working into their later years and the baby boomers are aging.

The sobering price tag of these back problems is estimated at $50 billion each year. The expense from back injuries is not just in medical bills but also in the loss of income, the loss of productivity, and in pain and suffering. Back injuries also add to the financial burden on the Nation's workers' compensation system.

Along with trauma from an unexpected accident, there are other causes of back problems and disabilities arising from back injuries. These ailments are caused by repetitive motion activities caused by over-use of certain muscles throughout the working day and are called "microtraumas." These types of injuries have always been common in workers doing manual labor including movements such as bending, lifting or twisting motions. However today these injuries are becoming more and more prevalent even in those who spend their working day sitting in a chair. Without proper ergonomics like a poor workstation design or with stressful work activities or ongoing exposure to heavy vibrations microtraumas can occur in anyone.

What Does Microtrauma Mean for Missouri Workers?
Microtrauma refers to tiny tears caused by the weakening of muscles, vertebrae, discs and ligaments in the back and neck. This happens slowly, over time, and results from any kind of strenuous repetitive motions or activities. While sometimes it is a traumatic event such as lifting too much weight that causes an acute back injury, more often than not it is years of microtrauma as the main culprit.

Continue reading "Missouri Workers Receive More Back Injuries Caused by Repetitive Motion Activities" »

The Missouri workers' compensation lawyers review recent Springfield Missouri work comp cases. This Missouri worker's compensation appellate court decision approved payments from the Second Injury Fund directly to an injured worker when the injured workers' employer failed to maintain workers' compensation insurance.

In Skinner v. Morgan, 306 S.W.3d 419 (Mo. App. S.D. 2010), Michael Skinner fell approximately 12 feet to the ground in the course and scope of employment when scaffold he was working on collapsed causing him to strike his head on a concrete slab and suffer serious head and lung injuries. Mr. Skinner was employed by a general contractor who failed to carry workers' compensation insurance. Mr. Skinner filed a Claim for Compensation against the Second Injury Fund alleging his employer was uninsured and seeking payment of his medical expenses by the Fund.

Legal Analysis of a Recent Missouri Worker's Compensation Claim
In Missouri, when an employer fails to provide workers' compensation insurance, the Second Injury Fund can be required to make payments for the injured worker's medical treatment. Mr. Skinner sought $254,708.20 in past medical benefits from the Fund at trial before an Administrative Law Judge. Mr. Skinner's attorney submitted itemized bills for the total amount of his treatment without objection from the Fund. The Administrative Law Judge found Mr. Skinner's employer to be uninsured, and ordered the Fund to pay Mr. Skinner directly for the $254,708.20 in past medical expenses. The Fund appealed the decision to the Missouri Labor and Industrial Relations Commission, whose 3 members unanimously affirmed the Administrative Law Judge's decision. The Fund then appealed the Commission's decision to the Southern District Court of Appeals in Springfield.

On appeal to the Southern District, the Fund argued that the Commission erred in ordering the past medical paid directly to Mr. Skinner rather than to his medical providers. The Fund based its argument on RSMo § 287.220.5, which requires that money withdrawn from the Fund be used to cover the "fair, reasonable, and necessary expenses to cure and relieve the effects of the injury or disability of an injured employee" where an employer is uninsured. Essentially the Fund argued that there was no guarantee the worker would use the funds to pay the medical bills and not for other purposes, particularly if the medical providers were willing to accept a lower payment amount than the original bill. Thus, according to the Fund, the only way to ensure that this alleged unauthorized use of its funds could not occur is to require the Commission to order payment to the medical providers directly rather than to the injured worker.

Missouri Southern District Court's Decision
The court noted that the Fund did not actually allege that the award by the Administrative Law Judge did not constitute "fair, reasonable, and necessary" medical expenses, but rather that the Fund was conjuring a speculative scenario on which no evidence was admitted. According to the court, the identical issue had previously been decided in Wilmeth v. TMI, Inc., 26 S.W.3d 476 (Mo. App. 2000), and the Fund offered no compelling reason to distinguish Wilmeth, was not asking the court to overturn it, but rather simply was asking the court to ignore it. The court declined to do so, thus holding that the Commission properly awarded the cost of the Mr. Skinner's medical expenses payable directly to Mr. Skinner rather than requiring payment to the medical providers.

Continue reading "Springfield Missouri Workers' Compensation Lawyers Analyze Case Affirming Second Injury Fund Payments for Medical Bills Paid Directly to Injured Worker" »

Missouri Workers' Compensation lawyers have been watching the situation in our neighboring state of Illinois, where the whole workers' compensation system has been overhauled. Scandals in the state workers' comp system have been appearing in the news with regularity, particularly concerning the workers at the Menard Correctional Center. The following case indicates nothing about the workers' comp system but about the difficulties of dealing with government bureaucracies.

Menard Correctional Center finance clerk Angela Grott testified at a workers' comp hearing on Dec. 14th. She claimed that severe chronic pain in her neck and shoulder was caused by the lack of a headset for the telephone at her desk. Without an available headset, she was forced (by her job) to hold a phone receiver between her neck and shoulder for hours each day while typing at the same time. If you have ever had a long conversation holding a phone like that, you can imagine the difficulty doing this for months or years might cause.

She had also repeatedly complained to supervisors that the computer keyboard was set too high for her to work comfortably, and her chair was hard to move, according to state workers' compensation records.

Grott's workers' comp claim so far has resulted in a staggering $128,424 medical bill that must be paid by public money.

Continue reading "How Did a Workers' Comp Case Wind Up Costing Taxpayers $128,424?" »

Missouri Workers' Compensation lawyers were pleased to see a favorable outcome for an injured employee in the case of Proffer v. Federal Mogul Corp., No. SD30871. In this Missouri Worker's Comp case, a maintenance worker for a piston manufacturer was injured pushing a 55 gallon drum up a ramp. When a wheel somehow fell into a hole in the ramp, the worker twisted and strained his neck. In the aftermath of this injury, he had various symptoms including numbness, neck pain and headache.

Although this sounds like an open and shut Workers' Compensation case, it was not at all.

This worker was referred to an orthopedic surgeon by his employer. A "cervical fusion" was performed on him. After this surgery, he had dizziness and nausea.

His employer authorized a referral to an orthopedic surgeon, who advised a cervical fusion. (This is a neurosurgical procedure involving the stabilization of two or more vertebrae by locking them together by fusing them.) After surgery, the worker experienced dizziness and nausea. When the worker requested that his employer authorize further treatment--he was refused--and told to seek care on his own.

Next the worker saw a neurosurgeon, who stated that a cervical interface had not solidly fused during the first surgery. The neurosurgeon performed a second fusion surgery on the worker, but his symptoms only decreased. They were never fully alleviated. He was never capable of returning to work because of his dizziness, nausea, and numbness in his arms. He could not perform his job functions as he had difficulty walking, sitting, or sleeping for extended periods of time.

Continue reading "Are Complications Arising From Surgery Covered by Missouri Workers' Compensation?" »

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" »

Nowadays Missouri Workers' Compensation Lawyers are seeing more and more cases of injuries to an employee who works out of their home, as this type of arrangement is becoming more and more popular. The laptop has revolutionized office work, allowing people to do their jobs from just about anywhere.

Many employees are now doing some of their work in the office, and some at home. This is particularly popular with moms who want to spend more time with their children, but need to earn a living. Many Missourians are working entirely from home, as in the case of "piece workers" who do sewing, and many other jobs.

Accidents and injuries that occur at home are not always as cut-and-dried as accidents that happen at an office, factory or other "regular" work location. Therefore, they can be more difficult to win if contested by your employer. Usually, there are no witnesses to vouch for the injured party, and no way to determine that the employee was actually "on the clock" when it happened.

Here are OSHA's guidelines for these workers' compensation situations:

If the employee is performing work for their employer at home, and the injury or illness is directly related to the performance of that work--these injuries and illnesses are considered work related. Therefore, the employee is eligible for workers' compensation benefits.

Examples of work related home injuries that would be eligible for Missouri Workers' Comp include:

Repetitive motion injuries (such as carpal tunnel) as a direct result of many work hours on the computer.

Continue reading "Are You Compensated for an Injury if You Work at Home Under Missouri's Workers' Comp Laws?" »

Our workers' compensation lawyers in Columbia have discussed many of the basics to filing a work injury claim in Missouri. As we launch our Missouri Workers' Compensation Lawyer Blog, it's also important to stress the need to protect your rights in the workplace while dealing with a work accident, injury or illness in Missouri.

The law prohibits an employer from retaliating against an employee for filing a work injury claim, for hiring an attorney, or for taking other lawful steps to protect their rights in the wake of a work accident. As we discussed previously, what began as a simple no-fault benefits system, has been complicated by decades of court decisions. Still, employers and their insurers often seek to evade responsibility in paying many accident and injury claims. Consulting an attorneys is not mandated but is often in your best interest when dealing with a serious work accident.

A lawyer is almost always needed when your case has not reached settlement and is set for an evidentiary hearing -- the equivalent of a trial. Or when you are advised by the insurance company or an administrative law judge that you should seek legal representation.

It may be in your best interest to hire a Missouri workers' compensation lawyer when:

-The insurance company denies your case.

-Medical tests or procedures are denied or cancelled.

-The insurance company does not respond to inquiry.

-You are not receiving the medical care you need and deserve.

-You are not receiving weekly benefit checks.

-The insurance company alleges that drugs or alcohol were involved.

-You are confused or intimidated by the process.

-You are fired, demoted or harassed at work because of your injury.

-You believe you have suffered a permanent disability.

-Your employer did not have workers' compensation coverage at the time of the accident.

-Your medical bills are not being paid.

Continue reading "Protecting your Rights in the Wake of a Missouri Work Accident " »

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 " »