Workers Compensation Lawyer Blog

7 Things Your Workers Compensation Doctor Will Want to Know

January 4, 2021 By James Hoffmann Leave a Comment

After being injured at work, one of the most important parts of the claim process is seeing a doctor.

As part of a neutral evaluation, you will be able to choose your doctor from a list that is generally provided by your employer.

Here are 7 things that you will need to talk about with your workers’ comp doctor.

Insurance Number or Workers’ Compensation Claim Number

As this is part of a legal claim, you will generally need to provide information about your health insurance and/or the registration number of your workers’ comp claim. This is done because the doctor needs reassurance that their services will be paid.

If you have the freedom to choose your doctor, be sure to mention that the examination will be used as evidence in your workers’ compensation claim.

How the Accident Happened

Relating how the accident happened is important in determining the extent of your injuries and what method of diagnosis is best. You don’t have to talk about who is at fault, or anything else that’s not relevant to your health.

The Symptoms of Your Injury

One of the most important parts of your workers’ compensation medical exam is to describe your symptoms. Be sure not to exaggerate them or make them seem less than they are. Describe what you’re experiencing in the most objective way possible, and provide a journal if you have one.

The Existence of Pre-Existing Injuries or Conditions

This subject should be approached with caution, as it’s one of the most common tactics of insurance companies to pay less: claiming that your damage is caused by something that happened before the work accident.

If your work accident worsened a pre-existing condition, let the doctor know, but make sure to emphasize that your work conditions have directly led to an exacerbation of your injuries.

The Pain and Suffering Level

If you are experiencing emotional or mental symptoms, be sure to mention it. Your doctor can refer you to a mental health specialist who will provide valuable evidence on the pain and suffering you are experiencing.

The Nature of Your Work Duties

For the doctor to determine whether you’re allowed to go back to work, you have to describe your work’s nature and how it can affect your health.

Your Medical History and Current Treatments

Let your doctor know about treatments you’re currently on, and provide relevant medical records. But you are not required to give them access to your entire medical history.

As you can see, there are many things to be discussed with a workers’ compensation doctor, as they will have to make some educated assumptions and draw conclusions to serve as evidence in your claim. Their report will determine the settlement you’ll receive, the time you will spend off work, and other significant factors.

Before you see a workers’ comp doctor, speak with a St. Louis work injury attorney and make sure you know what kind of information you are required to provide and ensure that your legal rights are protected throughout the workers’ compensation process.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

Injured on the Job as an Apprentice: Can You Get Workers Compensation?

January 4, 2021 By James Hoffmann Leave a Comment

If you suffered injuries while performing work duties as an apprentice, here are the important steps you need to take.

Imagine you have been accepted into an apprentice program and you will start your training in just a few days. This is an excellent opportunity to learn more about your future job and gain some experience. Your head is probably full of questions, and you can’t wait to ask your mentor all about your job. One thing you may be worrying about is what happens if you get hurt. Can you get worker compensation benefits?

Here’s what you need to know.

What Is Apprenticeship?

It’s essential to understand your employment status and how it affects your rights. To receive compensation for injuries suffered while working as an apprentice, certain conditions must be met.

An apprenticeship program is meant to prepare the future workforce by training individuals in a certain industry. Apprentices will receive a wage while they are learning the skills they need to become full-time employees. Most programs offer certification after certain hours of apprenticeship have been performed, which can help a lot when applying for a job.

Are You Eligible to Receive Workers’ Compensation?

Apprentices are generally covered by the workers’ compensation system, even if they don’t work full-time, and are not considered employees of the company yet. The same rules apply when it comes to liability: if the worker is injured while performing work-related duties, they can file a claim.

But in terms of how the benefits are calculated, there might be some exceptions for apprentices, volunteers, or interns. In Missouri, a regular employee receives two-thirds of the average weekly gross wage. There will typically be special wages for an apprentice who was hurt on the job to secure a certain standard of living during recovery.

What to Do After Being Hurt at Work?

If you suffered injuries while performing work duties as an apprentice, you need to notify your sponsor as soon as possible. The wise course of action is to see a doctor and speak with a Missouri workers’ compensation attorney.

Filing your claim promptly and having an attorney on your side to build a strong case on hard evidence will greatly increase your chances of getting the full compensation you are legally entitled to. With this in mind, don’t be intimidated or skeptical about your eligibility, even if your employer tells you otherwise.

Can You Really Afford a Lawyer?

You may be worried that you cannot afford to hire a lawyer. The good news is, most workers’ comp lawyers work for a contingency fee, which means that you won’t have to pay their fee until the case is closed and you receive compensation.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

Jeff City Legislatures Want COVID Liability Protection for Business Owners

December 17, 2020 By James Hoffmann Leave a Comment

We should be talking about expanding the definition of first responders to include the true COVID first responders.

A small group of republican legislatures is alleging that businesses are afraid to open due to lawsuits if someone gets COVID. However, this is nonsense.

At the Law Office of James M. Hoffmann, we are here for you. We are continuing to do business via email and phone. Please call us today at (888) 872-6795.

Governor Parson issued an executive order creating liability for first responders diagnosed with COVID. Think about that. The governor of Missouri, a staunch republican, creates liability by executive order while others in Jeff City say that liability protection is needed.

Without the presumption that COVID came from work, it is impossible to prove where it was contracted. Why do we need laws limiting liability for something so tough to prove that the governor had to issue an EO creating liability? Nobody can say when and where he/she contracted Covid. Some people can say, “I truly believe it came from X because I am always careful,” but from what some scientists say, COVID floats in the air for a while and can enter your body through the eye. It is unlikely that any doctor will state their opinion on when and where it was contracted. Business owners don’t need protection from something that can’t be proven.

99% of COVID cases are 2 weeks of missed work. Another reason why lawyers do not want COVID cases. The names of the business owners who are allegedly afraid to open due to lawsuits were never mentioned. Chances are, these legislatures were contacted by insurance companies pushing for even more protection laws.

COVID in the Workplace

The COVID calls I get are employees of places like nursing homes where staff can’t be cut back. Yes, the employees are scared. They don’t want to lose their jobs in this economy. Some are just scared about being forced to work amongst the COVID. Others contracted COVID and were off for 2 weeks. Others were forced to work even after being diagnosed with COVID.

The Real Issue

We should be talking about expanding the definition of first responders to include the true COVID first responders: doctors, nurses, aides, nursing home workers, and others required by the employer to work near patients, nursing home residents, and mentally handicapped.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

Filing for Workers Compensation If You Have More Than One Job

December 14, 2020 By James Hoffmann Leave a Comment

If you are working more than one job and have been injured at one of them, you may be wondering how workers compensation benefits will be calculated.

You may understand that if you get injured or sick while performing your duties, you can receive workers’ compensation to help you pay for your medical bills and regular expenses.

When you work two jobs simultaneously, it’s legally known as concurrent employment. This can affect the compensation you would receive if you get injured on the job and are eligible for workers’ compensation.

Let’s find out more about the legal aspects of this scenario.

Workers’ Compensation

The workers’ comp system is designed to compensate lost wages and cover medical bills of workers who get injured or develop conditions directly due to their working conditions or during their work scope.

When an employee is injured, they should report the incident to their employer in writing and file a workers’ comp within the accepted period. If eligible, they will receive weekly payments or a lump sum covering part of their lost income and their medical bills.

What Happens If You Have a Second Job or Multiple Jobs?

Having a second job would surely make you wonder how workers’ compensation will be calculated. Many people get a second job to provide for their families. For these people, there are two main scenarios when it comes to workers’ comp.

They are not able to perform any of the jobs.
They are still able to work for at least one of the jobs.

You Are Not Able to Work at Either Job

If you cannot work any of your jobs because of the injuries you got from working one of them, your compensation payments will be calculated, taking both incomes into account. However, both positions generally need to be with employers who carry workers’ comp insurance, or you must make sure you are self-insured for the jobs that don’t come with that coverage.

The payments will typically be made by the employer where you got injured.

You Are Still Able to Work for the Second Job

If the nature of your second job allows you to work even after you’ve been injured at the first job, this will impact the amount you get as compensation for the first job. However, it is still in your best interests to pursue compensation, as it can be a tremendous financial relief during the recovery time.

Hire a Lawyer to Help with All the Legal Intricacies

If you have two or more jobs and get hurt while performing work duties for one of your employers, you need to report it to them, tell them about your other job(s) and file for workers’ compensation.

An experienced St. Louis workers compensation attorney can guide you along the way and help you get the compensation you are legally entitled to.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

What to Expect During Your Workers’ Compensation Hearing

December 12, 2020 By James Hoffmann Leave a Comment

Here’s are some things you need to know to be confident going into your Missouri workers’ compensation hearing.

Formal workers’ compensation hearings are often required in cases when your workers’ comp claim was denied, and you couldn’t reach a settlement with the insurance company outside of court. If you file an appeal, a judge may summon you for an in-person hearing.

During your in-person hearing, you’re generally expected to present your case in front of the judge and convince them that you are, indeed, entitled to receive the benefits you filed for.

What Happens Before Your Hearing?

Before your in-person hearing, you will probably have to try negotiating a settlement with the insurer. This is done to ensure that only difficult cases get to court, and both parties find the easiest way to close the case.

If you’ve already gone through these steps, and the next stage is going in front of the judge, preparation is vital.

Speak With a St. Louis Workers Compensation Attorney

Having a St. Louis workers’ comp attorney legally representing you when you go to court is extremely helpful for your case. To be successful, you will need to organize and present the evidence you have convincingly. The other party involved will likely have teams of attorneys who specialize in such mitigations.

Representing yourself in court might be detrimental to your case. An experienced attorney, on the other hand, can take over a big part of the procedures and preparations, which is a huge relief for someone who is still recovering from a work accident.

What to Expect in Court

You will give your statements under oath after submitting all evidence to the judge. Certain procedures need to be followed precisely, which is why having an attorney is so important.

When giving a statement, you should be respectful and polite and present the events clearly and understandably. You might practice this with your attorney beforehand, which helps a lot, especially if you are in this situation for the first time.

Both your lawyer and the insurance company’s lawyer will address questions (cross-examination), and it’s important to know the limits of what you can say in such a legal environment. When you’re not sure about something, you will likely be advised to say, “I don’t know.”

After your hearing, you can wait for the judge’s decision. This decision can also be appealed. As long as your evidence is irrefutable and an experienced workers’ comp lawyer represents you, you can be confident going into your hearing.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

“What if My Condition Got Worse After I Settled My Workers Compensation?”

December 11, 2020 By James Hoffmann Leave a Comment

Insurance companies will often try to reduce their costs by looking for pre-existing conditions or injuries, delaying the process, and even refusing your claim from the start.

Workers’ compensation system is designed to cover the medical expenses and lost wages of employers who get injured during their work duties or develop an occupational disease. The costs are covered by the insurance company the employer has a contract with, and it’s settled by filing a claim and submitting relevant evidence.

Filing a claim with workers’ comp can be stressful since it involves negotiating and gathering evidence to support your claim. Insurance companies will often try to reduce their costs by looking for pre-existing conditions or injuries, delaying the process, and even refusing your claim from the start, forcing you to file it again.

That is why you should always consider speaking with an experienced St. Louis workers compensation lawyer who can assist you and advise you on your best legal options. A lawyer is aware of all the tricks insurance companies might use and knows how to negotiate with them.

Settling Too Early or Having Unexpected Complications

One of the tactics used by insurance companies to reduce their expenses is to settle the claim as soon as possible by offering a lump sum or what seems to be a reasonable offer before you reach MMI (maximum medical improvement). Avoid settling your claim too early.

There are also cases when you have reached the estimated medical improvement, but after the release was signed, you start showing symptoms of complications or recurrence of the condition.

What do you do in this case? Is there any chance of reopening your claim if your health is still affected after you have settled with the insurance company?

Reopening a Workers’ Compensation Case

Signing a release after settling generally means giving up on your rights to reopen the case. However, if this type of document did not exist, you will still be able to reopen the case if your condition gets significantly worse after receiving compensation for the first claim.

Another scenario would involve improper working conditions that lead to a new injury, even if it’s a worsening of a pre-existing injury for which you already received a settlement. But, in this case, you will have to prove that your employer did not ensure a safe working environment that complied with the doctor’s recommendations after you have returned to work.

Speak With a St. Louis Work Injury Lawyer

To recap, you have a chance of opening new negotiations if your terms of the agreement don’t imply signing a release form, or if you can prove that you have a new injury caused by improper working conditions.

No matter what situation you are in, we strongly recommend being represented legally by an experienced St. Louis workers’ comp lawyer who can approach your case in the most effective, persuasive way possible.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300