Workers Compensation Lawyer Blog

Can Pregnancy Affect Your Workers Compensation Claim?

May 30, 2019 By James Hoffmann Leave a Comment

Your employer shouldn’t deny, reduce or stop workers compensation benefits because you are pregnant.

A positive pregnancy test can send a woman down a whirlwind of emotions. You feel equally excited and terrified. A human being is growing inside you and it almost seems surreal. You realize that your life is about to change and that you need to start accommodating your new condition.

What if you become pregnant while you are receiving workers compensation benefits? Or if you get injured while performing your job. Can pregnancy affect your case?

Here’s what you need to know.

Your Rights as a Pregnant Employee

While companies aren’t required by the law to keep employees in positions they can’t perform, the Pregnancy Discrimination Act (PDA) and Americans with Disability Act (ADA) protect women from pregnancy-related discrimination or harassment. As such, your employer cannot fire you if you are pregnant, have been pregnant, plan on having a child or develop a pregnancy-related condition, such as preeclampsia.

Your employer generally has to accommodate your condition and provide modified equipment, work hours, and so on. Moreover, according to the Family and Medical Leave Act, you are entitled to 12 weeks of unpaid leave.

Will Being Pregnant Affect My Workers Compensation Claim?

Pregnant women are a vulnerable group and an easy target. A lot of employers see pregnancy as an inconvenience and a business loss. Fortunately, federal laws ensure that pregnant women are protected from discrimination and harassment.

As such, your worker’s compensation claim generally can’t be denied or reduced because you are pregnant. Whether you get injured on the job or develop a pregnancy-related condition that forces you to take time away from work, you are entitled to the same benefits as your colleagues. Just to be on the safe side, it is an excellent idea to get a St. Louis workers compensation lawyer on your side and ask for their help.

If you need accommodation, you should notify your managers as quickly as possible. You may need proof from your doctor, so be ready to provide any needed medical file.

What If I Get Pregnant While Receiving Benefits?

Finding out that you are pregnant while recovering from a work injury should not affect your worker’s compensation benefits. Your doctor will inform your employer and insurance company about your medical evolution. If the pregnancy impacts your recovery and you need more time away from work, your doctor will notify your employer.

Always Speak with an Experienced Attorney

Your employer shouldn’t deny, reduce or stop workers compensation benefits because you are pregnant. If they do so, they may be breaking the law and you may have a solid case against them.

A skilled St. Louis work injury attorney can educate you on your rights, analyze your case, and make sure that you receive proper compensation. Give us a call today at (314) 361-4300 to schedule a FREE case evaluation.

Can I Still Get Workers Comp if I Violated a Safety Rule?

May 30, 2019 By James Hoffmann Leave a Comment

You will need to prove that your violation was a mistake, and not a purposeful act done to get workers compensation benefits.

Many workers in Missouri have to follow a safety rule book imposed by their employer. These regulations can take on different forms, depending on the company, but they usually outline how the worker should do their job to stay safe.

When a worker gets injured on the job, they are entitled to workers compensation, which is an insurance policy that covers the medical costs of the injured employee and protects the employer from getting sued for negligence. But what happens if you violate a safety rule? Does workers comp still apply?

What Does the Law Say?

Generally speaking, workers compensation benefits would still apply even if you violated a safety rule at your job, and as a result, you get injured. However, you would need to prove that your violation was a mistake, and not a purposeful act done to get workers compensation benefits.

If you violate a rule on purpose, get injured, and try to file a workers comp claim, you are effectively committing a class E felony, which is punishable by a fine up to $10,000 or twice the value of the fraud, depending on which one is greater.

The claim may also be dismissed if you violated the rule and were aware of the possible consequences, but ignored these risks. So, if it is just an honest mistake, or you just forgot the rule, you should still be entitled to workers compensation.

The Insurance Company May Disagree

Even if you made a mistake and workers compensation laws in Missouri say you still can receive the compensation, the insurance company of your employer may still dismiss your claim.

Their argument would be that since the accident was a result of your negligence, then the employer cannot be liable. However, when it comes to workers compensation cases, liability is not an issue. In fact, you give away your right to sue your employer for negligence if you do apply for workers compensation. Still, the insurance company may take advantage of your lack of knowledge regarding workers comp laws and try to dismiss your claim.

Discuss Your Case with a Workers Comp Attorney

Do not let your employer or the insurance company deny your claim. If you were injured at work, even if you violated a safety rule, contact the Law Office of James M. Hoffmann to discuss your legal options.

Our attorneys will work with you, regardless of where you are in the process. Attorney James M. Hoffmann has spent a majority of his more than 25-year legal career dedicated to protecting the rights of injured workers.

Call us today at (314) 361-4300 or fill out our online case evaluation form to request a free consultation.

Exposure to Mold in the Workplace – How to File a Work Comp Claim

May 29, 2019 By James Hoffmann Leave a Comment

Exposure to mold is a health hazard and your employee should be held accountable for your health problems.

Picture the following scenario: you are working at an assembly line factory. The building is old and you noticed mold on the ceiling tiles and air vents since the start of your employment. A few years have passed and the problem only got worse. Your health has taken a turn for the worse too lately. You are feeling fatigued, your eyes are watery all the time and you have phlegm in your throat and lungs.

If you are in this situation, then you need to see a doctor as soon as possible. Then you should reach out to a St. Louis workers compensation attorney and start preparing your case. Exposure to mold is a health hazard and your employee should be held accountable for your health problems.

Mold Can Be Toxic and Cause a Variety of Health Problems

Not all types of mold are toxic. Penicillium, Cladosporium, Aspergillus, Fusarium, and Stachybotrys are the ones responsible for various health problems, such as fatigue, congestion, cough, respiratory problems, and allergies. According to the CDC, exposure to mold can also increase the chances of developing hypersensitivity pneumonitis in people susceptible to this condition.

Whether we like it or not, there is always a little bit of mold everywhere. More often than not, exposure doesn’t cause any health issues if the problem is kept under control and the space is cleaned properly and on a regular basis. But, if the mold grows because of poor building management and now you have to suffer because of it, then you are entitled to workers comp benefits.

How to File for Workers Compensation

First seek medical attention for your health problems. You will need extensive documentation to build a strong case, so make sure to get all the medical reports in order. You will need the following:

A diagnosis that concludes your sickness is a result of mold exposure
A thorough medical report that explains how mold exposure has impacted your health
An inspection report that indicates the presence of mold in the workplace
Proof that your employer didn’t take the necessary actions to correct the problems

Once you have all the necessary documentation, you should notify your employer about your intention. Don’t wait around too long as the statue of limitation in Missouri is two years. Don’t assume that you have enough time to file a claim. These cases can be rather complex and a lot of unpredictable factors can arise.

Contact a Workers’ Compensation Lawyer

If you or a loved one have developed serious health problems due to mold exposure in the workplace, contact the Law Office of James M. Hoffmann today. Our St. Louis workers compensation lawyers will explain the workers comp process to you and can get involved at any part of the process: initial application, resubmitting claims to insurance companies, or appealing a case to an administrative law judge or a higher court.

Call (314) 361-4300 to request a free consultation or fill out our online case evaluation form.

Construction Site Injuries to Be Aware of – What to Do after an Accident

May 24, 2019 By James Hoffmann Leave a Comment

Construction workers face a number of hazards in the workplace. If you have been injured you should be receiving all of your benefits.

Construction site workers have to deal with various hazards on a daily basis. Their work is very strenuous and requires them to climb great heights, operate powerful machinery, or work on busy roadsides.

If you’ve been injured while doing your job, know that the law is in your favor. Missouri requires employers to carry workers compensation insurance to help employees overcome the hardship of work-related illness or injury. Ask a St. Louis workers compensation lawyer to review your case and guide you through the process of filing a claim.

Common Construction Site Injuries

The Centers for Diseases Control and Prevention (CDC) cites the following injuries as prevalent on a construction site:

Burns: Because construction site workers are often in contact with exposed wires, dangerous chemicals, leaking pipes, and other factors that may cause a fire or explosion. Burns are among the most common types of injuries.
Spinal Cord Injuries: Falling from heights is another danger that construction site workers face on a daily basis. That can lead to spinal cord injuries that may incapacitate the employee temporarily or even permanently.
Head Trauma: Falling objects are another common occurrence on a construction site. Concussion, laceration or traumatic brain injuries are among the risks that workers face daily. That is why wearing a helmet is paramount on a construction site.
Broken or Fractured Bones: Construction site workers must operate heavy pieces of machinery, such as cranes or bulldozers. If they aren’t properly secured or operated, the equipment might hit the workers, leading to broken, fractured or even crushed bones.
Cuts and Lacerations: Exposed nails, improperly secured tools or defective tools may cause injuries, such as cuts and lacerations. Treat them immediately, even if the wound seems minor. Because of the work environment and exposure to toxins and chemicals, the chances of infection are quite high. Moreover, protective gear and equipment are paramount to prevent these types of injuries.

You’ve Been Hurt – Now What?

A construction site can be a very dangerous place. So, regardless of the protective measures you and your employer might take, accidents can still happen.

Depending on the severity of your injury, you may need to take extensive time off from work to recover. There are cases when the injury is so debilitating that you must stop working altogether or switch to a less demanding job.

Regardless of how the accident happened or the nature of your injuries, your employer must provide workers compensation benefits to help you pay for your medical treatment and account for your lost wages. It doesn’t matter if the accident was your fault or it was caused by your employer’s or another colleague’s negligence. As long as you weren’t intoxicated or violated the company’s safety regulations, you are entitled to receive compensation for your pain and suffering.

Work with a Work Injury Lawyer

A work injury can be very traumatic. Your focus should be on recovering as quickly as possible and not worrying about the legal troubles of filing a claim. Talk to a St. Louis workers compensation attorney and let them handle the difficult aspects of your case while you take your time to get back on your feet.

Contact the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online contact form.

My Employer Wants To Perform A Drug Test After My Injury – Can He Do That?

May 23, 2019 By James Hoffmann Leave a Comment

Imposing a drug test for a workers compensation claim may be within your employer’s legal right. A lawyer can advise you further on this matter.

Sometimes, when you get injured on the job and file for workers compensation to cover your medical treatment, your employer may ask you to take a drug test. Missouri workers compensation laws do not specify the employer must have you take the test, but this policy may exist depending on the company or institution you work for.

Why the Test Is Needed

Your employer may want to make sure you were not intoxicated at the time of the accident. In other words, they want to see if the cause of the injuries was your fault or a result of your work activity or the environment.

Usually, even if the employee makes a mistake and causes the accident, workers compensation would still apply. However, the claim may be denied if the worker intentionally tries to hurt themselves to receive the benefits or gets injured as a result of breaking the law. As such, if the drug test comes back positive for illegal drugs, it’s possible that your compensation claim will be denied.

What Does the Law Say?

Federal law only requires sectors where public safety is a concern to conduct workplace drug testing, such as trucking companies, pipeline companies, or those under the jurisdiction of the Department of Transportation. Government employees may also be required to take these tests.

When it comes to private companies, however, states have the right to impose their own regulation. In Missouri, private employers have the liberty to establish their rules for employee drug testing, as long as they do not impeach the employee’s right for privacy.

For instance, companies can conduct random drug tests as long as they are, in fact, random and not based on any other criteria like racial profiling. By that definition, imposing a drug test for a workers compensation claim may be within your employer’s legal right to do so. A lawyer can advise you further on this matter.

What Should You Do?

Many people wonder if they should accept or refuse to take a drug test, particularly if they are taking certain medications that can appear on the tests. If your employer asks you to comply to such a test for your workers compensation claim, you should discuss the matter with an experienced St. Louis workers compensation attorney to see how to proceed.

The details of your case matter greatly in determining if the employer has the right to ask for drug tests, and the lawyer can help argue against it if they need to. Workers compensation cases are often rather difficult to navigate on your own, and you can, unfortunately, make a mistake and hurt your chances of getting benefits for your injuries.

Call the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online case evaluation form. We work with employees from a wide range of industries to pursue the right benefits or to appeal a denial of your injury claim. Located in St. Louis, Missouri, we represent work injury victims throughout Missouri. Handling all cases on a contingency basis, you owe us no attorney fees unless we recover the compensation you deserve.

The Jones Act: How Do Maritime Workers Get Compensated for Their Injuries?

May 22, 2019 By James Hoffmann Leave a Comment

The Jones Act protects all workers that contribute to maritime commerce in case of injury during work, from the sailors and the captain of a ship to the dock workers.

River, barge, and dock workers in Missouri face risks at work every day. There are number of hazards they encounter such as slick surfaces and working with and around heavy machinery and equipment. Unlike other employees, injured maritime workers are not entitled to workers’ compensation benefits under either state or federal law.

An injured seaman is able to sue his or her employer for negligence under a federal law called the Jones Act. They may also be able to sue the owner of the vessel where they were injured. In addition, the injured seaman may be entitled to receive something called maintenance and cure, regardless of who is at fault.

What Is the Jones Act?

Enacted in 1920, the Jones Act is a federal law meant to regulate maritime commerce in the U.S. and protect maritime workers when they suffer injuries at work. It covers more clauses than regular compensation law, enabling maritime workers to seek damages from the shipowner or the captain of the crew.

Are You Eligible to Receive Compensation Through the Jones Act?

If workers compensation is available for just about anyone who works legally, the Jones Act only applies to “seamen”, and there are special conditions you must meet to get this status. You may think that only a ship’s crew can be considered “seamen”, but if you work on and around water and at least 30% of your working time is spent in service of a vessel, then you are eligible too for Jones Act compensation when you get hurt.

The Jones Act protects all workers that contribute to maritime commerce in case of injury during work, from the sailors and the captain of a ship to the workers that repair bridges, for example.

The Specific Regulations of the Jones Act

If you are familiar with the regular workers’ compensation law, but you want to find out more about the Jones Act compensation, here are some of the differences between the two sets of laws.

Jones Act, unlike workers compensation claims, takes the employer’s conduct into account. Therefore, if the ship’s owner, captain or the rest of the crew has caused your injuries by negligence or malintent, you can claim greater compensation for them. The court will decide how much of the incident was caused by the employer and how much by you. Based on that, you will receive a certain percentage of your claim.

Under the Jones Act, you can also claim benefits to cover your medical expenses and the cost of living while you don’t have a job. These expenses will not always be covered by regular workers compensation claims.

If you were injured because of lack of maintenance of the ship, you can also file a claim to deem the “unseaworthiness” of the ship, and the ship’s owner will be liable for your injuries, as they are obliged by the Jones Act to offer safe working conditions on their vessels.

Work Injury Lawyers in St. Louis

If you or a loved one have been injured in an accident at port or on a barge, contact a the Law Office of James M. Hoffmann. For more than 20 years, we have helped injured workers receive the compensation and benefits they need to move forward with their lives. Whatever injury you have suffered at work, we will investigate what happened and help you find out who is responsible.