Missouri Workers Compensation Lawyer Blog

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" »

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?" »

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 heat-wave of 2011 has left several dead and has put many workers in the hospital with heat related illnesses. Missouri workers compensation lawyers want to remind you of the dangers of heat related illnesses. Many Missouri workers know all too well how hard it is to work in the heat. From airline workers to agriculture to construction to auto sales, few work environments are free from heat complications.

OSHA, the Occupational and Safety Health Administration, is working to educate workers and employers about heat-related illnesses and Missouri workers compensation lawyers are joining in the awareness campaign. Secretary of Labor Hilda Solis recently went to Florida as part of this awareness campaign and the Missouri workers compensation lawyers want Missouri workers to hear the message too.

Water-Rest-Shade is the motto for OSHA's Heat Illness Campaign. More than a dozen people have died since May from heat related illness. Last year alone at least 30 workers died from heat exposure.

At risk are workers exposed to hot and humid conditions, especially those doing heavy work tasks and those wearing protective clothing and equipment. Anyone not used to working in the heat needs to build up a tolerance before working full-time in the heat. Also some medications and many medical conditions lead to greater risk of heat illness. Alcoholic beverages should be avoided as these further dehydrate a person and make them less able to cool themselves normally.

Continue reading "OSHA Gives New Recommendations for Working in Missouri's Heat Wave" »

Missouri Workers' Compensation lawyers were recently asked about whether or not an employee has the right to sue his employer--if the employee is fired for reporting a work related injury.

We took a good look at the case in question, which took place in Ohio. In this particular case, a machine shop employee was fired approximately one hour after reporting to his employer that he had received a workplace injury. No reason was given for his termination.

Sound like suspicious timing? We agree...

However, not only did the worker claim workers' compensation benefits; he also filed a "wrongful termination" suit against his employer. The burden of proof for the wrongful termination suit was on the employee (and his workers' compensation attorney). To win the suit, he needed to prove that his firing was in fact retaliation for reporting the injury, and that his employer had no business or work related justification for his termination.

The court's ruling held that the protection of the state's workers' compensation laws was in full effect in this case. Part of workers' compensation law is that an employer cannot punish the employee for having or reporting an injury. Any punishment that comes before the actual injury claim is filed is inappropriate; an obvious attempt to avoid paying benefits. Therefore, the court ruled that the worker does have the right to sue his employer.

But, this case will wind up in the state's Supreme Court, with the worker attempting to prove the only reason for his termination was reporting the injury. We hope he had a good work record, because any lateness, sloppiness, write-ups for previous issues, or other trouble at work could seriously hinder his case.

If this Workers' Compensation case took place in Missouri:

The Missouri Revised Statutes, Chapter 287--Workers' Compensation Law Section 287.780 clearly explains that termination occurring because and employee exercised his/her workers' compensation rights is not only prohibited, but grounds for civil action for damages.

Although each state has their own workers' compensation laws, they do provide similar protections for workers' nationwide. This Ohio case is a perfect example of how even though the law clearly covers work-related injuries, many workers' compensation cases are not as cut and dried as one might hope.

For more information about your rights to compensation for job related injuries, as a Missouri employee, visit the Missouri Department of Labor, Division of Workers' Compensation for more information. You will find their site is written in plain English, and it is easy to understand your rights.

Make sure your rights are protected if you suffer a workplace or otherwise work-related injury; and that you receive all the benefits you are entitled to under Missouri law. These laws are in place to protect you--the worker.

If you have been injured at work, your case might proceed without any hindrance from your employer or their insurance carrier. Most Missouri employers understand and accept their responsibilities to their employees. However, if you are finding any difficulty or confusion about your case, or are having trouble getting benefits or medical treatment, it is always wise to consult with a Missouri Workers' Compensation Lawyer.

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 " »

The Occupational Safety & Health Administration has taken action against Union Pacific Railroad in a case of alleged retaliation for reporting a work accident in Missouri.

OSHA has ordered the railroad to immediately reinstate the employee with more than $200,000 in back wages, compensatory damages, attorney's fees and punitive damages. "An employer does not have the right to retaliate against employees who report work-related injuries," said Charles E. Adkins, OSHA's regional administrator in Kansas City. "While OSHA is best known for ensuring the safety and health of employees, it is also a whistleblower protection agency."

A Missouri workers' compensation lawyer in Joplin, Springfield or elsewhere in Missouri should be contacted immediately if an employee feels he or she is retaliated against as a result of filing a work injury claim or reporting dangerous conditions in the workplace. Such retaliation is against both state and federal law. The Missouri Department of Labor and Industrial Relations reports 34.1 percent of the cases it handled in 2009 -- or about 700 complaints -- dealt with retaliation. Such complaints may also be filed in conjunction with a discrimination complaint or other unlawful employment issue.

OSHA's investigation upheld allegations that the railroad terminated his employment in retaliation for reporting a work injury. Despite the fact that its internal investigation found that the employee was not at fault, the railroad charged the employee with its most severe form of discipline under its progressive discipline policy. He was subsequently fired.

As part of the ruling, the railroad was also ordered to provide whistleblower rights information to its employees.

In this case, the investigation was conducted under the whistleblower provisions of the Federal Railroad Safety Act -- which protects employees who report violations of law, rules or safety.

OSHA enforces more than 20 laws aimed at protecting employees from retaliation -- including those involving airlines, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.

Dealing with retaliation is just one possible fallout when filing a work accident claim. Such claims have strict timelines and failure to follow guidelines can harm your ability to collect damages. While Missouri workers' compensation law started out as a simple no-fault benefits system, it has become a complex benefits program in which the workers' rights are not always at the forefront of the process without the help of an experienced attorney.

Other issues that could require the help of an experienced Missouri work injury lawyer include:

-You are not getting the proper medical care or benefit payments or the insurance company is not returning your calls.

-The insurance company or employer is claiming some sort of safety violation, including drug or alcohol use.

-You feel intimidated by the process or feel you are being treated unfairly.

-You have suffered a serious work injury that could result in disability benefits.

-Your case does not reach settlement and is headed for an evidentiary hearing or you are told by the workers' compensation insurance company or an administrative law judge that you should consult with an attorney.

Continue reading "State and Federal Law Prevents Retaliation Against Employees Reporting Missouri Work Accidents" »