When the bursa becomes inflamed or irritated, it can cause swelling and pain in the area. The bursal sac reduces friction by lubricating areas between joints, muscles, and tendons. As you can imagine, when the sac is inflamed, this can be very painful.

Causes of bursitis

Bursitis can come about in a number of ways. A person can develop bursitis as the result of an injury or trauma that happens suddenly, a minor impact, or repetitive motions. As is the case with many conditions, age can play a factor in developing bursitis. As a person ages, bones and tendons age as well, becoming less resilient, making them more susceptible to tears and injuries.

One of the most common ways that bursitis develops is overuse. Overuse can happen at home or at work. Activities like carpentry, shoveling, gardening, painting, and hobbies like tennis, golf, skiing, throwing, etc., are all associated with an increased risk of developing bursitis. At work, repetitive motions and incorrect posture can increase the risk of workers developing conditions like bursitis.

Treatment

Treatment for bursitis can include rest, anti-inflammatory pain medication, steroid injections, physical therapy, splinting, and applications of heat and cold. It is important to seek treatment as soon as possible. You should not ignore the condition and continue working because you can seriously worsen the condition by continuing to stress the injured area.

Workers’ compensation for bursitis

The workers’ compensation system is supposed to provide benefits for injured workers and protect employers from being taken to civil court. An injured worker is entitled to medical care that is paid for by workers’ comp, and lost wages. Even after an employee is able to return to work, ongoing medical treatment should still be covered under workers’ comp. However, workers’ comp insurance does not provide benefits relating to pain and suffering.

In order to make a successful claim and receive full workers’ compensation benefits, you must prove that the injury occurred on the job, or that the injury arose from the conditions of your job. This includes traumatic accidents and injuries that develop over time. Regardless of whose fault the injury is, you should be covered.

Not all workers’ compensation claims are dramatic and result from a single, major traumatic accident. Repetitive injuries can be just as severe and just as painful, requiring time and rest to heal from. It is important in these instances to get workers’ compensation benefits so that you can receive the proper medical treatment and are allowed sufficient time to rest and recover so you can return to work.

St. Louis workers’ compensation attorneys

In some cases, consulting with an experienced workers’ compensation attorney may be a good option. If you have a preexisting condition or if your employer’s insurance company thinks they can blame your bursitis on age, getting the compensation you deserve can be difficult. But age and a preexisting condition does not disqualify you from receiving workers’ compensation benefits. Discussing your case with a workers’ comp attorney in your area can help you to develop an effective plan that will maximize your chances of getting the full benefits to which you are entitled.

At the Law Office of James M. Hoffmann we have a proven track record of assisting injured Missouri workers receive the compensation they are entitled to.

Any injury can be stressful and expensive to treat, and can take you away from your job for long periods of time. Getting medical care as soon as possible will hopefully help you to heal quickly and get back to work as soon as possible.

Fill out our online contact form or call us at (314) 361-4300 to schedule your free consultation.

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In the event of a workplace injury, employees are entitled to medical treatment and wage loss benefits regardless of whose fault the injury is. Obviously this benefits injured employees, but it also serves to protect employers from injured workers taking civil action against them. An employer who fails to maintain workers’ comp coverage leaves themselves open to lawsuits and is in violation of the law and can be fined.

In San Bernadino, California, the owner of Tile Gallery Plus in Hespertia is facing charges for failing to have workers’ comp coverage for his employees. Because of the serious nature of the charges, if he is convicted he could serve a year of jail time and a fine of at least $10,000. The man was arrested in April and then held at the San Bernadino County Jail on $25,000 bail.

One year ago, around January of 2012, the Workers’ Compensation Fraud Unit began an investigation into the business and found that the owner was in violation of the California labor code. They found that his business did not carry workers’ compensation insurance for its employees.

In June of 2012 the owner was arraigned for the criminal charges against him. At the arraignment he brought documentation of insurance, showing that at that point he was in compliance with California labor employment law. But the California Department of Standards and Labor Enforcement discovered in November that the coverage had lapsed and was canceled a month prior to his court appearance as the result of his failure to pay the premium.

After this discovery, the California Department of Standards and Labor Enforcement issues several citations, which included a “Stop Order,” dictating that employees of the business should cease to perform work at the Tile Gallery Plus business because of the lack of workers’ compensation coverage.

There are different workers’ compensation laws in each state, so if you have questions regarding a specific claim and your rights, you should consult a workers’ compensation attorney in your state. While workers’ compensation insurance coverage is generally required across the board, states can choose to enforce these laws in different ways and have their own systems for administration.

In California, workers’ comp is required under state labor laws, and is intended to protect the livelihood of injured employees and employers as well. In addition to being in violation of the law, employers who fail to maintain coverage or perpetrate workers’ compensation fraud, put workers and their families at risk, and put themselves at risk as well. Without workers’ compensation coverage, employers are open to both fines and litigation.

Missouri Workers’ Compensation

If you have question about a Missouri workers’ compensation claim or if you are injured on the job and your employer is uninsured and you wish to build a lawsuit, contact an experienced Missouri workers’ compensation attorney in your area.

At the Law Office of James M. Hoffmann we have experience helping injured Missouri workers get the medical attention and compensation they deserve. Making sure your rights are protected is our priority.

Call (314) 361-4300 or fill out our online contact form to schedule a free Missouri Workers Compensation consultation.

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If a mother is injured when she is pregnant, and the fetus is injured as well, does the fetus have the right after birth to take action against the mother’s employer?

The issue has been addressed by several different courts with different results in different jurisdictions. Snyder v. Michael’s Stores, Inc., 945 P.2d 781 (1997) is one example. The mother’s employer was sued by the parents of a minor child on the child’s behalf, for damages to the child that resulted from negligence on the part of the employer. The lawsuit claimed that the mother was exposed to carbon monoxide in toxic amounts, and that the fetus was subsequently exposed.

The California Supreme Court heard the case after a trial court decided that workers’ compensation was the sole applicable remedy and barred the case on these grounds. The case went to the California Supreme Court on appeal and the court was taxed with deciding whether or not and in what way workers’ compensation benefits could be applied to the child and whether or not workers’ comp benefits were the sole solution for the child.

The Court looked at workers’ comp laws and determined that if the child’s injuries are collateral to or derivative of the mother’s then they would be covered under workers’ compensation. But this only applies when the child seeks damages that depend on the mother’s injuries and are for the mother’s work-related injuries.

In this case, the child was exposed to carbon monoxide and was injured. This is considered a separate injury from the mother’s injuries. This means that workers’ compensation for the child was not an exclusive remedy. Because this is an instance where workers’ compensation does not apply, the child is therefore allowed to sue the employer for negligence that led to the injury.

This is based on the idea of derivative injury that stipulates that if the fetus is injured separately from the mother and the fetus’ injury did not derive from the mother’s, then workers’ compensation does not apply. Then the child can take action against the mother’s employer for injuries sustained in utero.

Another court, the United States District Court, District of Columbia decided that as per the D.C. workers’ comp laws, an employer’s liability for workplace injuries for employees and their dependents is limited to the workers’ comp system.

This decision is demonstrated in Lockhart v. Coastal International Security, Inc., 2012 WL 5873681. In this case an employee and her child brought a case against the mother’s employer, claiming negligence. The claim asserted negligence, negligent supervision, and that the supervisor inflicted emotional distress on the mother when she was not feeling well and was still denied an extra break.

The court ultimately decide that the damages that could be sought were limited to what can be recovered under the workers’ compensation.

Each case came to a different conclusion, and because workers’ comp laws differ from state to state, the way that the law is worded and applied can vary significantly. Some issues are not directly addressed in the law itself, and in these instances it is left up to the courts to decide on a precedent.

The question is when does a fetus become a third party plaintiff who can bring suit against the mother’s employer? When new questions like these arise, it is important to pay close attention because changing workers’ comp laws and the way that they are interpreted can have a major impact on both workers’ rights and the expectations of liability for employers.

An Experienced Workers’ Comp Attorney Can Help

The cases have different circumstances and each court has come to a separate conclusion based on the laws in the state. If you have a workers’ compensation question, you should contact a workers’ compensation attorney. Navigating the workers’ comp system can be a daunting task. Working with an experienced workers’ compensation attorney can maximize your chances of taking the correct action and making sure that you get the full compensation that you deserve.

The Law Office of James M Hoffmann

When you are injured you need the compensation you are entitled to quickly. You likely have medical bills, in addition to everyday expenses. At the Law Office of James M. Hoffmann we have the experience and knowledge to resolve your claim quickly and get you the compensation you deserve. Call (314) 361-4300 or fill out our online contact form for a free consultation.

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The three workers filed for workers’ compensation benefits when they became injured at the metal fabrication company, L.E.F. Inc., in November of 2011. They claimed that the facial burns they received were caused by a welding torch that leaked accidentally on the night of November 19. All three filed for workers’ compensation benefits in December 2011. But an investigation has turned up very different results from what the three workers claimed happened that night.

The men were working the evening shift at L.E.F. Inc. in Tulsa, Oklahoma and although they claim the malfunctioning welding torched caused an explosion and a flash fire that left them burned, the investigation tells a very different story that indicates fraud. There has been no evidence uncovered that indicates equipment malfunction inside the plant. Additionally, another worker on duty at the plant that night reports that he did not see a fire or the flash of an explosion.

What has been discovered is evidence that the facial burns happened that night when the men were outside the plant playing with small explosives. A burned cigarette lighter was discovered outside the plant by a supervisor, as well as balloon fragments, a pressure tank, one exploded and charred five gallon plastic container, and two plastic drinking bottles, all believed to have been used as small explosive devices. The same supervisor also found fireworks, balloons and a plastic bottle, a golf ball with a fuse inside it, and hollow practice golf balls, inside one of the men’s locker.

The three men have been charged with workers’ compensation fraud by the Oklahoma attorney general’s office. The felony charges are currently pending in the Tulsa County District Court.

The workers’ compensation system is in place to protect both workers and their employers. Employers are protected because workers relinquish their rights to bring a civil case against employers, but in exchange workers are entitled to workers’ compensation benefits when injured on the job. Employees should have medical treatment covered, as well as lost wages and other compensation relating to the injury. The benefits to which the employee is entitled depends on the injury and the prescribed treatment plan.

The current workers’ comp system differs from state to state and is not perfect. There is plenty of room for improvement and sometimes employers and employees attempt to cheat the system. Workers may try to get benefits when they are not really injured or, as in this case, when their injuries were not work related. Employers and their insurance companies may try to avoid assuming financial responsibility for injuries by denying claims or saying that an employee’s injuries were preexisting.

Just because fraud exists on both sides of the fence does not mean that the system can be scrapped entirely. When workers are injured on the job and the injuries are directly related to their job, they are absolutely entitled to compensation for those injuries. Injured workers should report injuries to their supervisor immediately, and seek advice from a Missouri workers’ compensation attorney if they have any questions or run into any difficulties obtaining the compensation they deserve.

Contact the Law Office of James M. Hoffmann

We have been fighting for the rights of injured Missouri workers for over 20 years. If you have experienced a work related injury contact us by calling (314) 361-4300 or by filling out our online contact form to schedule a free consultation.

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While the pair currently reside in Wisconsin, the fraud that they are being charged with occurred in Alaska, where the man was a state employee and the woman was supposedly his masseuse.

Prosecutors for this case relate that the two defrauded the state out of more than $20,000 in workers’ compensation benefits. At the time, the man worked for the Department of Transportation as an operator at a weigh station. In 1999 he was injured on the job and years later settled his workers’ compensation claim with the state for $201,500. Included in the settlement was the agreement that the state would pay for Groom’s medical treatment.
The prosecutors claim that the two submitted fraudulent workers’ compensation reimbursement claim, stating that he was getting massage treatments from her, but that he never actually received any treatment, but that they later lied about it.

Both individuals could face long prison sentences of up to 10 years each and could have to pay fines of $100,000 if they are convicted.

Workers’ compensation is supposed to help workers who are injured on the job to receive medical treatment for the injuries they sustained. In addition, workers’ comp benefits can include benefits for wage loss, therapy, medication, vocational training, and temporary disability. In exchange for providing benefits, regardless of whose fault the injury is, employers are protected from workers taking civil action against them or trying to obtain more money later on. When the system works, both parties benefit significantly. But at times, some employers and employees try to fraudulently work around the system.

Employers will sometimes deny injury claims or use biased doctors to perform medical exams or misclassify workers in order to avoid buying workers’ comp insurance altogether. And employees will sometimes fake injury or try to get more money than is needed.

As a result of some of these deficiencies in the system, workers’ comp laws in many states are constantly in a state of flux. Some states are trying to completely overhaul their workers’ comp laws in order to implement a more efficient workers’ comp administration. But this can make it difficult to stay on top of understanding the current state of the workers’ comp systems.

Missouri Workers’ Compensation Lawyers

It is important to contact an experienced Missouri workers’ compensation attorney who can help you to better understand your rights and benefits and what you can expect from filing a workers’ compensation claim. It can be hard to know how to maximize your chances of getting the full benefits you deserve, and the process can be discouraging when insurance companies fight back or resist paying you benefits. Having the help of an attorney can make all the difference and can help give you peace of mind in knowing that you have an advocate who understands the laws in the state of Missouri and will fight for your right to get the compensation that you deserve so that you can focus on recovery.

Contact the Law Office of James M. Hoffmann for your free consultation.

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