Workers Compensation Lawyer Blog

Missouri Workers Compensation Benefits for Soft Tissue Injuries

January 22, 2020 By James Hoffmann Leave a Comment

A soft tissue injury may not sound like something really serious, but that’s not the case. They can truly impact a person’s wellbeing, and even the ability to work in some cases. Meaning, they are exactly the type of injury where benefits like worker’s compensation come in handy.

Soft tissue injury refers to any damage to the muscles, ligaments, tendons, or flesh. Depending on where the injury is located, you need quite extensive treatment. So this type of injury is a prime example of why workers’ comp is so important. But if you are diagnosed with it, how can you get these benefits?

The Steps You Need to Take

Soft tissue injuries can be caused by a twist or a blow to a specific area in your body, but they can also be the result of repetitive stress on certain muscles and ligaments. It’s important to seek medical attention if you feel a strange ache or pain, as soft tissue injuries rarely present with visible symptoms. In some cases, it’s possible to experience some bruising, but not all the time.

Here are the steps you need to take in order to get workers comp for soft tissue injuries:

Get Medical Attention

Whether it’s after an accident, or at the first sign of trouble, it’s important to get seen by a doctor. You most likely need to take a few tests for a proper diagnosis. However, if you are seeing your own doctor, it’s important not to start treatment before you speak to your employer. Workers comp laws in Missouri give the employer the right to choose the doctor who’ll treat you.

Inform Your Employer

You have a 30-day deadline to notify your employer of your injury and the need for treatment. This should be done in writing, and contain all relevant information to your claim, such as your full name, the injury you have, and how you were injured.

Gather Your Evidence

Once you notify the employer, they will get in touch with the insurance company and file an injury report with the Missouri Workers Comp Division. Meanwhile, you can seek treatment with the doctor approved by your employer (some may agree to let you see your own doctor, but most will follow the insurance company’s recommendation). It’s a good idea to start gathering relevant evidence and building a case in your favor. Soft tissue injuries can be harder to link to your job, as they can be caused by a lot of different things. You should consider having:

The official diagnosis, and doctor’s testimony
Witness testimony (if relevant)
A journal where you detail your experience

This can help you fight back if the insurance company denies your claim.

Do You Need a Lawyer?

Speak with an attorney 24/7 at (314) 361-4300! We can review your case FREE of charge and help you understand what your next steps should be.

Snowplow Work Injuries – Common Causes and How to Recover Compensation

January 20, 2020 By James Hoffmann Leave a Comment

When snow falls, snowplow drivers are close behind. These workers are essential to clearing the roads and ensuring that, at least when it comes to driving, everything can continue to run smoothly even in not so ideal conditions.

However, these workers are often at risk of many forms of injuries.

What Are the Common Causes of Snowplow Injuries?

Snowplows actually only refer to the device mounted on the vehicle that’s meant to clear the roads of snow, but most people tend to refer to the entire vehicle as a snowplow.

Though a driver won’t necessarily use a lot of speed while using the snowplow, they are still at high risk of car accidents, especially because of other oncoming cars that may not be too careful.

In fact, most of the possible injuries workers may sustain comes from a wrong move made by other drivers:

Trying to pass
Following too closely
Not paying attention to what the snowplow driver is doing (sometimes they may need to stop abruptly, and if the driver behind isn’t paying attention, they can bump directly into the snowplow)

Additionally, even if the driver is only going around 35 miles per hour, it still may not be safe. The roads may have some unknown defects that have been covered by the snow, which can make them lose control and go off-road. Additionally, not wearing the right equipment also opens the worker to an array of health issues due to the cold.

How to Get Compensated

If you get injured while on the job, or sick because of the working conditions, you are legally entitled to worker’s comp benefits. To get it, you first have to inform your employer of your injury, and then tell them you want to apply for workers’ comp.

It’s best to inform your employer in writing – that way you have proof you followed this step in case something goes wrong. Remember to keep a copy for yourself, and add as many details as you can:

When and where the injury took place
What your injury is
What other people witnessed it, etc.

After that, it’s technically all up to your employer. They will get in touch with the insurance company and give you the green light to continue your treatment. If you bump into any issues, speak with your work injury attorney.

Protect Your Legal Rights

Snowplow drivers face an array of risks at their job, but they can at least rest assured that worker’s comp will generally cover their medical costs. If you’ve been injured while at work, get in touch with a St. Louis workers compensation attorney to see what your option legal options are and devise the best strategy.

They may even help you in the event your claim gets denied by the insurance company.

Give us a call 24/7 at (314) 361-4300 for a FREE consultation.

Overexertion Is a Common Cause of Work Injuries – Here’s How to Stay Safe

January 10, 2020 By James Hoffmann Leave a Comment

Overexertion causes around 35% of all work-related injuries, making it the largest contributor to workers’ compensation costs, with an estimated $15 billion every year.

Data from the General Social Survey shows that people are twice as likely to report they are exhausted now, compared to 20 years ago. Around 50% of people their exhaustion is directly caused by their job. While we may have a lot more insights into burnout or mental exhaustion, there is one other issue that needs to be discussed more: overexertion.

Overexertion happens when you push your body too far, physically. It’s that moment where, even if your back hurts, you continue to lift heavy objects as part of your job, ignoring the pain out of fear that you can’t afford to lose your job. However, overexertion causes around 35% of all work-related injuries, making it the largest contributor to workers’ compensation costs, with an estimated $15 billion every year.

How to Stay Safe

Overexertion can lead to a lot of health complications later on. Usually, your body sends out some signals that you need to slow down long before there is extensive damage, but the pressures of the job can force workers to push through any aching and pains. Sometimes, to truly dangerous extents.

However, it’s incredibly important to stay safe on the job. Even if overexertion injuries are covered by worker’s comp, it’s always better to prevent than to treat. Here are some ways to protect yourself:

Prepare Before You’re on the Clock

If your job is physically demanding, it’s incredibly important to regularly exercise in order to boost your strength. Additionally, you should consider stretching vigorously before your shift starts, to prepare your muscles and tissue of the upcoming effort.

Plan Your Actions

Make any lift or difficult activity a mental process, not just a physical one. It’s important to think about what you’re going to do and prepare your body for the effort. For instance, lifting heavy objects should never put a strain on your back. Instead, take a few seconds to grip the object, and push through your legs to lift it.

Take Breaks Whenever You Can

It’s incredibly important to give your body some rest, even in the middle of your shift. Every 20-30 minutes, you should change positions to avoid putting too much pressure on the same muscles and bones. If you can’t afford to take a break per se, even just changing the type of motion can help, as different motions require different muscles and bones.

If You’re Injured, Speak Up

Physically demanding jobs pose a great threat to many workers, as they are more likely to suffer musculoskeletal injuries. If this happens to you, then you should notify your employer at once and file a claim for worker’s comp benefits to getting adequate treatment, as it is your legal right. Get in touch with a St. Louis worker’s comp lawyer for additional support in filing the claim and receiving the benefits. Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.

Can I Reopen My Workers Comp Case After It Has Been Settled?

January 8, 2020 By James Hoffmann Leave a Comment

Settling a worker’s comp case generally means the entire process is done. It’s usually a step taken when you’re either completely cured or healed, or your health condition can reasonably no longer be improved.

However, in some cases, your health may take a turn for the worse, in which case you’re probably wondering if it’s possible to reopen your worker’s comp case.

It’s difficult, but not impossible.

What Does It Take?

The Missouri Division for Worker’s Comp warns injured workers about accepting a settlement too soon, as this step generally means you will not be able to receive any more health benefits for your work injury or illness.

Even if a settlement is offered to you, you do not have to sign it right away if you’re doctor believes you still need to continue your treatment. Unfortunately, many workers may fall prey to the tactics employed by insurance adjusters, especially if they are not legally represented.

So, if you sign a paper agreeing to a settlement, can you ever reopen your case? Technically yes, but it will not be easy. You will benefit from the experience of a St. Louis worker’s comp lawyer.

How Do You Reopen Your Case?

A St. Louis workers compensation attorney will analyze your case, settlement, and medical situation to see if you qualify to reopen your case. In most cases, a mistake made in the previous settlement may serve as grounds to reopen a worker’s comp case.

For instance, if you accept a lump sum that should have accounted for future medical expenses, and that estimate turns out to be under the real costs of further treatment, the insurance company may agree to a new settlement.

Additionally, if the lawyer finds any error in the paperwork that results in you receiving fewer benefits, this also may be enough to get your case reopened.

Why You Should Speak With an Attorney

A lot of the times, settling your worker’s comp case will also mean waiving your rights to seek any future compensation. If the documents you sign have this mentioned anywhere, reopening your worker’s comp case will be extremely difficult, unless your lawyer can find something that annuls the settlement, such as a mistake in the paperwork.

Because of this, it’s incredibly important you don’t settle without speaking with a lawyer. Even if you haven’t worked with one from the beginning, get in touch with an attorney and ask to look over any papers before you sign them.

Protect Your Rights

Reopening a worker’s comp claim after accepting a settlement is incredibly difficult, though the right lawyer may be able to succeed. If you want to know if you’re eligible to reopen your case, please reach out to a St. Louis work injury attorney for additional information. The facts surrounding your case will generally show whether or not your case is eligible.

Give us a call 24/7 at (314) 361-4300 for a FREE consultation.

Moving Patients Is a Common Cause of Injuries Among Nurses

January 7, 2020 By James Hoffmann Leave a Comment

According to data from the Bureau of Labor Statistics, nurses can experience more than 35,000 back and musculoskeletal injuries during their work activities in any given year. Though they are exposed to a lot of viruses, diseases, and even dangerous substances, it seems the biggest threat they face comes from moving immobile or partially-immobile patients.

In fact, nurses are more at risk to develop back and muscle conditions than other physically demanding jobs, such as construction workers. However, if you’re working as a nurse and get injured on the job, you can be compensated.

Understanding Your Rights

Missouri’s worker’s comp laws state that any injury or illness that directly result from one’s job can be covered by an insurance policy employers take out to ensure your protection. When you get hurt, you can then receive medical treatments, and even partial lost wages if you have to take time off work, without having to cover any costs out of your own pocket.

These laws, of course, extend to medical staff as well, including nurses. When a nurse gets hurt because of their job, they can notify their employer of the injury and then receive treatment to get better.

How to Receive Compensation

It’s really important you don’t delay the process. You also have a 30-day window of notifying your employer of your injury, which starts the day of the accident. If it’s not an accident, and you were injured or got sick because of something long-term, then you have 30 days from the day you receive your diagnosis.

To get these benefits, you will have to give written notice to your employer which should also contain:

The date of the injury or diagnosis
The circumstances in which you got hurt or sick
Your full name and address

Because you are a nurse, you are also in a unique circumstance. If you delay getting treatment, the insurance company may argue that you have sufficient medical knowledge to know something was wrong sooner, and the fact that you waited to get treated can be seen as negligence. For some types of injuries that are created by long-term activity, that can be quite problematic because the adjusters can question whether you intentionally allowed your condition to get worse in order to receive more benefits.

To avoid this situation, you should pay close attention to your health and get help as soon as possible.

Protect Your Legal Right to Compensation

Nurses are exposed to a variety of risks on a daily basis, but the work they put in day and night in the hospital is vital. If you get injured or sick on the job, it’s really important to get help fast. Reach out to a St. Louis work injury attorney and present your case to them. They can help ensure your legal rights are protected. Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.

Injured Due To Workplace Safety Violations? Here’s What You Need To Know

January 6, 2020 By James Hoffmann Leave a Comment

The US Bureau of Labor Statistics reports that around 5,250 workers died on the job in 2018, with transportation incidents being the main culprit of these deaths at around 40% out of the total. Close behind were incidents involved contact with objects (39%), and workers caught in running equipment and falling.

OSHA reports that a lot of these incidents can be prevented with the right safety measures. Based on their data, they’ve found out the most common safety violations in the American workplace are:

Lack of fall protection
Communication problems
Unfit respiratory protection
Lack of safety training
Eye and face protection

If you’re a worker in a high-risk industry, your employer must provide a safe environment where you can perform your regular activities. Unfortunately, this is not the reality many workers live in. If you are working in unsafe conditions, here’s what you should know about your rights as a US worker.

Knowing Your Rights

Under federal law, you are entitled to a safe working environment, one which your employer is legally obliged to create and upkeep. Additionally, if you spot any irregularities that may risk your life or the life of your co-workers, you also have the right to speak up without being afraid of getting fired or someone retaliating.

If you speak up and are demoted, fired, or someone then creates a hostile work environment, you can take legal action.

Many U.S. workers do not know what they can ask in terms of safety conditions. Not knowing these rights, unfortunately, increase the chance that workers will turn a blind eye to any safety violations at their workplace.

But legally, you have the right to:

Receive training in the language you prefer, or understand
Work on safe machines
Receive safety equipment
Be protected from toxins at the workplace
Request an OSHA inspection

Also, you have the right to refuse to work in a dangerous situation, or if the conditions may threaten your safety.

You should bring up any safety concerns you have to your employer or direct supervisor, especially if you suspect they may pose immediate threats. Higher-up members may not be completely aware of the conditions you are working in, so there may not be a case of negligence, just ignorance.

If you speak up and your employer does nothing, then you may file an official complaint with OSHA, and have one of their inspectors come on-site and analyze your situation.

Have You Been Injured on the Job?

If you get hurt on the job, you may be entitled to workers’ compensation benefits and do not have to cover the medical costs yourself. Please reach out to a St. Louis worker’s compensation lawyer for assistance.

Just know that if you got hurt because your employer did not respect safety violations, you may have other legal options available. You can discuss them with your attorney.

Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.