Workers Compensation Lawyer Blog

Recognizing the Signs of Work-Related Lower Back Pain and Getting Treatment

October 4, 2019 By James Hoffmann Leave a Comment

Back pain is one of the most common reasons people miss work or file workers compensation claims.

At some point, everyone has probably experienced back pain. It’s actually one of the most common reasons why people might have to miss work and a common claim in workers’ compensation.

Some may think that back pain is eligible for workers’ compensation only when it’s the result of a fall or a direct blow to the area. However, this is not always the case. Back pain can be the result of years of heavy lifting and performing tasks that can be bad for your spine or posture, which is why it’s so important to know the signs and get help fast. Otherwise, your condition can get much worse.

What Are the Signs?

If you experience some back discomfort or mild pain after a pretty hard day at work, it doesn’t necessarily mean something is wrong. Maybe you just pushed too much that day, and need some time to recover. However, if the symptoms linger even after a good night’s rest, something else may be going on.

Here are some common symptoms of back pain:

Muscle aching
Pain that goes down the leg
Shooting or stabbing pain
Pain that prevents you from or worsens when you bend, lift, walk, or stand

In some cases, back pain may even cause additional health issues, which are common results from not getting medical attention as soon as you feel something is wrong. For instance, you could spike a fever, experience leg weakness or tingling, weight loss, or even have bowel/bladder issues. These are all issues that can affect your overall health, meaning it’s incredibly important not to ignore back pains and see your doctor.

Getting Compensated

Unless you need immediate medical attention (like after a fall, or a direct blow to the back), you should notify your employer of your back pain and file an official claim for compensation. In Missouri, your employer has the right to choose your treating doctor, so you generally can’t see your own physician and then have the insurance company reimburse the costs of medical bills.

Even if there was no accident to cause the pain, the work environment could have lead to the back pains, in which case your injury is still eligible for compensation. In some cases, the insurance company may require extra proof to be convinced the injury is indeed work-related. To make things easier, you should speak with an experienced St. Louis workers comp attorney as soon as possible.

Why Do You Need a Lawyer?

Though it’s not mandatory, it is advised to work with a St. Louis work injury lawyer when filing a claim. You never know how the insurance company may try to fight the claim and get it denied, and a lawyer can help you make sure the costs of your medical bills are covered as the law says it should. Additionally, an experienced attorney can even help speed the process. Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.

Getting a Second Opinion If You Are Injured on the Job

October 3, 2019 By James Hoffmann Leave a Comment

The insurance company will generally make strategic decisions to save themselves money.

In Missouri, workers’ compensation laws are designed to bring some comfort to workers who might get injured or sick on the job. They state that should workers have a medical need directly resulting from their work, then the costs will be fully covered by these benefits.

However, Missouri also has a rule that many other states do not; it allows the employer to choose the doctor who will be treating you. In a best-case scenario, this would not pose much of a problem, and the workers would continue their treatment until they are ready to resume their work. However, what happens when the workers want a second opinion?

Getting a Second Opinion

Even if the law says your employer has the right to choose the doctor, you should know that in most cases this choice is given to the insurance company which ultimately pays the costs of your medical treatment. For your boss, it’s one less hassle to worry about. For the insurance company, it’s a strategic move that allows them to control, at least in part, how their money is spent.

Though they will choose the doctor, the insurance company cannot suggest what kind of treatment or medical interventions you should get, nor can they try to persuade the doctor in altering their medical advice based on what’s more cost-effective for them. If you suspect the insurance company gets a say in your treatment this should be discussed with your attorney as soon as possible.

However, even if the insurance company is doing things by the book, it doesn’t mean you’re in for smooth sailing. For instance, if you do not agree with the diagnosis or treatment plan the doctor decided, in normal circumstances you’d get a second opinion. However, to have that reimbursed by the insurance company (under workers comp benefits), you first need their approval.

And frankly speaking, it’s very unlikely they will approve this move, as it can be seen as an unnecessary extra cost.

You’re Not Without Options

If you go at it alone, you are going to have a tough time getting anywhere with the insurance company. However, you should consider hiring a St. Louis workers compensation attorney for additional help. With a strong case, you may be able to convince the insurance company of approving a second opinion, but even if you don’t, there is another option.

The Missouri Workers Comp Division routinely weighs in on cases where there is an issue, such as not agreeing with the recommended treatment. With the help of a lawyer, you can take your case in front of an administrative judge. The judge, upon reviewing the evidence, can then order a second medical opinion which you do not have to pay for. Additionally, you won’t face any repercussions for this either, as you are well within your right to do so.

If you have been injured on the job in the state of Missouri, give us a call 24/7 at (314) 361-4300 to learn more about your legal options.

St. Louis Work Accident Death and How to Prove Dependency

October 2, 2019 By James Hoffmann Leave a Comment

If a loved one dies as a result of a work-related accident or illness, the surviving family members may be eligible for death benefits through the Missouri workers’ compensation system.

These are weekly benefits from the employer or insurer paid at 66 ⅔% of the deceased employee’s average weekly salary from the last year up until the tragedy. Additionally, the laws also state the employer or insurer is also responsible to pay the funeral expenses up to $5,000.

Understanding the Law

The workers’ compensation laws in Missouri state surviving family can receive death benefits if:

The employee dies as a result of the work injury
The employee suffers permanent total disability from the work injury, and then dies from an unrelated cause
The employee suffers a permanent partial disability at work and then dies from an unrelated cause
If the employee dies directly because of work-related injury or illness, then the previously mentioned benefits apply. Surviving families will receive weekly benefits from the employer or insurance company.

If, however, the death is caused by something unrelated to the work injury or illness, then the surviving family is entitled to whatever benefits the deceased employee was entitled to. Usually, families will receive a lump sum payment, though family members are advised to work with a St. Louis workers comp lawyer in these situations because there can be a lot of pushback from the insurance company.

Who Gets These Benefits?

Generally speaking, death benefits will go to the individuals legally described as dependents, such as a surviving spouse or children under the age of 18. In some cases, children can continue to receive these benefits even after the age of 18 if they are a full-time student, have served active duty in the military, or are unable to earn money for themselves because of a disability.

For the surviving spouse, they can receive the weekly benefits for their entire lifetime or until they remarry. If they remarry, they are generally entitled to a lump sum equal to two years of benefits.

Benefits will generally be split between the surviving dependants, meaning the spouse and the children. If, however, the surviving family is not a spouse or a child, but they are a member of the household or family, then they may also gain the status of dependency. You should contact a St. Louis attorney for help, as you’ll typically have to present the case in front of a judge.

Speak With a Work Injury Attorney

Nothing can ease the pain caused by the death of a loved one, but if the tragic event was caused by their work, then death benefits could at least provide some financial support. Reach out to a St. Louis workers compensation attorney for assistance in these cases and let them help you recover the financial compensation you need to move forward. Give us a call 24/7 at (314) 361-4300 for a FREE consultation.

5 Things to Discuss With Your Missouri Workers Comp Attorney

October 1, 2019 By James Hoffmann Leave a Comment

Here are five things to discuss with your workers compensation attorney during your first meeting with them.

injured st louis workers discussing case with a lawyer

If you’re soon having your first meeting with your St. Louis workers comp lawyer, it’s understandable to be a bit nervous. Apart from the case at hand, working with a lawyer is uncharted territory for a lot of people, so it’s natural to want to be prepared.

To help you with that, look at these five things you should bring up during the first meeting to make sure you’re getting the most out of the consultation.

Their Experience, Success Rates, and How They Work

It’s a good idea to get to know the lawyer a little bit and see if they are the right ones to handle your case. You’ll most likely do a bit of research before, but it doesn’t hurt to ask them for more information about them, especially how their experience can help your case.

For instance, workers compensation is quite a broad field, so ask them if they’ve ever had cases from your particular industry (such as healthcare, construction, etc.) or with the kind of employer you work for (hospital, multinational company, etc.).

Additionally, ask how they usually handle cases like these – do they work it themselves only or are some tasks divided between other members of the firm? How often will they keep in touch with you, and how could you reach them?

How They Would Handle Your Case

Ask the lawyer how they see your case unfolding. Even by the initial meeting, they should be able to give you a rough answer to it, combining what they know about it so far with their experience. Of course, the plan can change later on, but you should still get a sense that the lawyer knows how to handle your case.

What Kind of Benefits Can You Receive?

Even though you are filing a workers comp case, you may also be eligible for other types of benefits based on the extent of your injuries, such as disability benefits. The extra funds can come in quite in handy when your medical bills are piling up.

What Are Your Do’s and Don’ts

You should also ask your lawyer how to act after filing the claim – what are the things you need to do to increase your chances of getting the claim approved, and what kind of actions could potentially hurt it.

Are You Better Off Filing a Lawsuit?

In some cases, it may be best to skip on the worker’s comp claim and file a personal injury lawsuit against your employer. If you have evidence of negligence, and the injury will prevent you from going back to work, a lawsuit may be more suitable to get you adequate compensation.

The right workers’ compensation lawyer can help increase your chances of getting properly compensated. If you have been injured on the job schedule a FREE consultation today by calling (314) 361-4300.

Can My Employer Fire Me While I Am On Workers Compensation Leave?

September 30, 2019 By James Hoffmann Leave a Comment

If you suspect your termination was direct retaliation for filing a compensation claim, you should get in touch with a St. Louis work injury lawyer as soon as possible.

A common reason why some Missouri workers don’t file a workers comp claim is the fear of losing their job. As a result, they try to use their own health insurance to take care of their medical needs, and if they need some time off work they will just use up all their vacation days or take unpaid leave until they can come back to work. And when they do, they’re often not 100% recovered.

But workers comp is designed to help injured workers throughout their entire course of treatment. Additionally, your health insurance may not even cover work-related injuries or illnesses, so really your only two options are either covering the costs yourself or filing a workers comp claim.

But can you be fired for it?

What Does the Law Say?

The short answer is no, your employer cannot fire you for filing a workers comp claim. If this is what happened to you, contact a St. Louis workers comp lawyer right now because what your employer did was illegal and you have some legal options.

The only reasons why you may lose your job are:

Your filing of the claim was fraudulent, and your injury did not result from your work. If you intentionally did so, this is a crime, and you will be prosecuted for it.
A reason not connected to the workers comp case, such as your boss finding out about a very big mistake you’ve made, which warrants your dismissal.
If you go back to work, and cannot resume your regular activities, your employer must find you a more suitable temporary position, or modify your workload to accommodate your condition. However, in some cases this is reasonably not possible and, as a result, you may lose your job. Additionally, if you are left with permanent disabilities, then your employer is not obligated to find you suitable employment, so you will likely lose your job.

As you can see, though you cannot get fired because you have filed a workers compensation claim, there are still some scenarios where losing your job is a possibility. In some instances, it’s unfortunately the consequence of your medical condition, and there is little you can do about it. However, if you suspect your termination was direct retaliation for filing a compensation claim, you should get in touch with a St. Louis work injury lawyer as soon as possible.

Do You Have to File a Claim?

Don’t let this misconception prevent you from filing a claim for workers comp. If you suspect your boss will retaliate or have had co-workers going through something similar before, please get in touch with a St. Louis workers comp attorney and discuss your case with them.

Contact a St. Louis workers comp attorney at the Law Office of James M. Hoffmann at (314) 361-4300 or by filling out our online case evaluation form. We are an experienced St. Louis workers’ compensation law firm that can help you make the right choices so that you can receive the best medical care, benefits, and income.

Workers Compensation Benefits for a Dog Bite at Work

September 21, 2019 By James Hoffmann Leave a Comment

Many different jobs can expose workers to dog bites – pretty much any type of work that requires you to make a house call can potentially expose you to these types of injuries.

Everyone knows the classic image of the mailman getting attacked by a family dog. This furry friend is just trying to protect its family from an unknown person they see as an intruder, but in real life, if the mailman gets bitten by the dog, who pays for their medical bills?

Well, the answer is slightly complicated.

Understanding the Law

Many different jobs can expose workers to dog bites – pretty much any type of work that requires you to make a house call can potentially expose you to these types of injuries. According to Missouri workers’ compensation laws, you can get the medical treatment for these injuries reimbursed as long as they occurred in the scope of your employment.

Essentially, if you were on the clock, and doing your job at the time when you got bitten by the dog, you are likely covered. Going back to the classic mailman example, if you had to deliver a package or a letter to a particular house, and the family’s dog attacks you, you are generally eligible for workers comp. Additionally, if you work at a site where there is a guard dog present, and they bite you while at work, the same principle applies.

The reason is that if it was not for your job, the injuries might not have even taken place because you wouldn’t have been in contact with the dog. As a result, you can file a claim for workers comp.

When You’re Not Protected

Some gray areas might affect your eligibility for workers compensation. For instance, if you get bitten during your lunch break, that is a grey area where additional details are needed to know if you are eligible or not.

If you left the premise during your break, and get bitten by a dog somewhere else, then workers comp generally does not apply. You may file a personal injury claim against the dog owner to cover your medical treatment.

If, however, your employer makes you take a lunch break on the premise, and you get bitten by the guard dog, then an argument can be made that even though you were not technically on the clock, the circumstances still make the injury work-related.

What Should You Do?

If you get bitten by a dog and don’t know if workers comp laws apply, talk to a lawyer. An experienced St. Louis workers compensation attorney can help you understand what your best legal options are, and help you follow them.

Sometimes, even if it’s clear the injury took place in the scope of your employment, you will still face an uphill battle with the insurance company. As a result, it’s good to have a lawyer by your side to help you face them. Additionally, your lawyer may also advise other means of getting compensated, such as a personal injury claim against the dog’s owner. Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.