I represent injured workers in Missouri.
At a recent workers compensation hearing in St. Louis, I represented a St. Louis employee who suffered a herniated lumbar disc when he slipped and fell on ice at work. A lumbar fusion surgery was performed in addition to laminectomies at the two lumbar levels above. The employee’s unpaid medical bills are $273,00.00. We have asked for permanent and total disability benefits, in addition to future medical care for life. We are seeking sanctions and costs as well, for defending the claim without reasonable grounds.
It has become very common in Missouri for employers and workers compensation insurance carriers to deny on the job injuries caused by slipping on ice or snow. They allege that the employee was “equally exposed” to this hazard outside of work. At the hearing, we presented evidence that the employee was required to be on the employer’s parking lot, even in the ice and snow, in dress shoes to sell cars. In addition, the employer had just informed the employee that he had 5 hours to finalize all deals and commissions as today would be the employee’s last day of employment. The employee testified that he was rushing to close the deals, in dress shoes, on ice and snow, at the time he slipped. This type of evidence is necessary to establish that the employee would not have been equally exposed to these circumstances outside of work.
Also, to establish a claim for the medical bills, we first requested additional medical care by sending letters to the employer asking for medical treatment. We then obtained a report from a board certified orthopedic surgeon that the fall was the prevailing factor in causing the lumbar disc herniation and the necessity of surgery. The physician testified by deposition and laid the necessary evidentiary foundations to establish reasonableness and necessity of the treatment and bills.
You have one chance at trial to do it right.
Consulting with a workers compensation attorney who has experience can make all the difference. At the Law Office of James M. Hoffmann we give you the personalized attention that is necessary to accurately present your case and get you the compensation you need to move forward. If you have been injured on the job, do not miss out on getting the full amount of compensation you deserve. Contact a St. Louis workers compensation attorney at the Law Office of James M. Hoffmann. We can evaluate your case for free and begin working to get you the compensation you are entitled to.
To schedule a free consultation call us today at (314) 361-4300.
photo credit: paulswansen