Workers Compensation Lawyer Blog

Will Workers Compensation Cover a Gout Flare?

March 11, 2020 By James Hoffmann Leave a Comment

According to the Mayo Clinic, gout is a complex form of arthritis that unfolds as sudden and severe pains or tenderness in the joints, often at the base of your big toe.

The most common reasons for gout almost everyone thinks of are an improper diet and obesity. By this account, it doesn’t seem like treatment for gout could possibly be covered by worker’s comp benefits, unless you argue that it’s part of your job to eat ‘unhealthy’ foods or something of the sort.

However, just because these are the most common causes, doesn’t mean they’re the only ones.

Other Causes of Gout

Gout can occur when urate crystals accumulate in your joints and cause inflammation. This can lead to a gout flare, which presents with high levels of pain. These crystals usually form when you have very high levels of uric acid in your blood, an acid your body produces to break down purines, which can be found in certain foods. This is the connection gout has with your diet.

This inflammation can also be caused by:

Certain medications
Family history
Surgery
Or trauma

If you sustain an accident at work, it is possible to trigger gout. When you get injured, your body goes into a state of inflammation, which is your system’s way of helping you heal. In some cases, the process of inflammation can linger even if the threat is removed, leading even to gout. As a result, it is completely possible for your condition to be a direct result of your work.

How to Get Compensated

For conditions that aren’t as visibly linked to your job, you essentially have to make a case that shows your gout (or any other condition) is a direct result of your work activity. Workers comp will only cover injuries or illnesses that have directly resulted from your job, be it the activity or the environment.

Because gout can be caused by trauma, one integral part of your case constitutes the accident you’ve sustained. Then, you’ll need to bring in the opinion of a medical expert that can help you show your gout is not caused by something other than your work, such as family history or medications you take.

The process itself can be extremely complex since you are dealing with insurance adjusters that will most likely investigate your claim.

Speak With a Workers Compensation Attorney

To make sure you get compensated for your gout treatment, please get in touch with an experienced St. Louis workers compensation attorney as soon as possible. Proving gout is work-related is difficult, but far from impossible, and a good lawyer can help protect your legal rights.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Why Mental Health in the Workplace Should Be Taken Seriously

March 10, 2020 By James Hoffmann Leave a Comment

Mental wellness in the workplace should be a greater concern for everyone. Nearly 1 in 5 US adults has a mental illness according to the CDC. And considering 63% of all Americans are part of the workforce, it’s highly likely that many offices or work environments include people suffering from these conditions.

The problem is, mental health is still a taboo subject for many, who prefer to keep their symptoms quiet instead of asking for help. Even when Missouri worker’s comp can cover it.

Your Worker’s Comp Benefits Include Mental Health Services Too

If you work in Missouri, you can consider yourself fortunate. The state covers mental health treatment for workers who’ve developed mental health illnesses as a result of their work and don’t require a physical injury to be present either.

In other states, you can only receive treatment for a mental health illness if this condition is a result of a work physical-injury. Missouri, however, does not require this.

So if you’re dealing with emotional or mental issues caused by your work, it is your legal right to receive treatment through the worker’s comp program.

How Can My Work Cause a Mental Condition?

Many people believe mental illnesses are caused only because of exposure to traumatic events, but this is not always the case. Yes, nurses, paramedics, or caregivers, for instance, face traumatic events almost on a regular basis, and their exposure to it may result in a mental health condition, but they’re not the only ones at risk.

Your works environment influences your mind and emotions a lot more than you think, and you could develop or kickstart a mental condition if:

You are under constant stress or pressure
You work in a hostile work environment
You are bullied or mistreated at work
You are overworked and don’t have much time to sleep or for personal activities
You witness a traumatic event at work (like someone getting hurt)

Mental health is a complex subject, and you never know what can lead to it. However, what’s important here is that if you do work in an environment that’s taking a toll on your mental health, you should seek treatment right away.

Unfortunately, reality shows that’s not the case. Only 57% of employees with moderate depression and 40% with severe depression go on to receive treatment. But if you need support in filing a claim, a St. Louis worker’s comp lawyer can help.

Speak With An Experienced Workers Comp Attorney

Workers’ comp claims that involve mental health conditions can be difficult because it’s harder to show a direct link between your work and your condition. However, it’s not impossible, and an experienced attorney can help you win. Reach out to a St. Louis worker’s compensation lawyer now for export support in filing and winning your compensation claim, and receive adequate treatment for your mental health condition.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Why Getting Workers Comp For Cumulative Injuries Can Be Challenging

March 9, 2020 By James Hoffmann Leave a Comment

A significant bulk of worker’s comp cases in Missouri see injured workers facing cumulative trauma. Though the nature of this condition is rather common, it doesn’t necessarily mean the compensation process always runs smoothly.

Cumulative injuries are some of the most challenging ones to argue for in a worker’s comp case.

What Is Cumulative Trauma?

Cumulative injury is a term that refers to a medical condition that is not caused by just one event, but the result of long-term exposure to an environment or performing the same activities. They are also known as ‘repetitive stress’ injuries.

In Missouri, the worker’s comp program does recognize that these injuries can affect many workers, so if you do have a cumulative injury, you are generally eligible for compensation. However, the road could be bumpy.

What Can Go Wrong?

In a typical injury, you have one event that leads to your medical condition. This event was likely witnessed by co-workers or even your boss, and you may even gather additional evidence (such as surveillance footage) to show definitely how you got hurt.

With cumulative injuries, that doesn’t happen. There is no one, single event to speak of, since the injuries are caused over time, and the symptoms can also appear gradually. This can create some problems for injured workers when they file a claim, as their compensation process can be delayed quite a bit as the insurance company investigates.

What’s worse, if you do not provide sufficient evidence to your claim, the insurance company may even deny it.

What Are Your Options?

Cumulative injuries are almost always hard to prove, but not impossible. Like all worker’s comp cases, your success here depends on how much evidence you manage to gather, and how well you can argue in your favor.

If you are in this situation, you should consider hiring a St. Louis worker’s compensation attorney to help you build a case, and win. A lawyer knows those small details that really count in a cumulative trauma case, and can even get in touch with medical experts who can help establish a clear link between your job and your cumulative trauma.

Additionally, a lawyer is your best bet to make sure your claim does not get denied, leaving you uncovered and faced with paying for your medical bills yourself. Even if you do have medical insurance, if the other insurance company does believe your cumulative injury is work-related, it may not cover your medical treatment.

Were You Denied Compensation?

Cumulative injuries are often difficult and complex, which means worker’s comp cases that contain them are very much the same. However, if your claim was denied, you still have a chance of winning. Reach out to an experienced St. Louis worker’s compensation lawyer for a case consultation and find out what you need to do moving forward to get compensated for cumulative trauma.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Does Workers Compensation Cover Fatal Injuries?

March 6, 2020 By James Hoffmann Leave a Comment

You probably know by now that if you get injured or sick while doing your job, then you can generally receive benefits to help cover the cost of treatment and lost wages. However, what if a loved one suffers a fatal work injury and passes away? Will family members receive compensation for their death?

In most cases, yes, but you must meet a few criteria.

How Workers Compensation Works

Workers’ compensation kicks in when an employee is hurt while performing their job or gets sick as a result of their activity or work environment. It doesn’t matter if we are talking about a minor injury like an ankle sprain or a fatal one – as long as your health was altered because of your job, you are generally entitled to benefits. The same is true for fatal injuries.

For example, if your loved one was exposed to toxic gases, developed cancer and died because of it, then you likely qualify for death benefits. Likewise, if they were crushed by a forklift and died because of their injuries, then you are also generally eligible.

Who Can Get a Workers Compensation Settlement?

Only dependents can file for a workers’ compensation settlement. According to the law in Missouri, “dependents” include the surviving spouse, as well as dependent children under the age of 18. Children can continue to receive benefits after the age of 18 if they are students, have served active duty in the military or are incapacitated.

If there is more than one dependent, then the benefits will generally be shared among them. When one of them stops being eligible for benefits, the amount will not be reduced. Instead, the benefits will be shared between the remaining dependents.

What Compensation Can a Dependent Receive?

The law in Missouri states clearly that when a worker dies because of a work-related injury, then his dependents (usually the spouse and children) are entitled to receiving weekly benefits. These benefits are calculated at 66 ⅔ % of the worker’s average weekly wage for the year preceding the accident. The employer or insurance company is also generally required to pay for funeral expenses for up to $5,000.

How Do You Claim the Benefits?

In most cases, the employer or insurer will contact the family of the deceased worker and start paying the benefits. However, it is in your best interests to get in touch with a St. Louis workers compensation lawyer as soon as possible after an accident to ensure your legally rights are protected.

You Deserve Justice

No amount of money can ever make up for the loss of a loved one. However, if your spouse was also the breadwinner, the financial burden can take a toll on your family. A good St. Louis workers compensation attorney will ensure that you receive the money you deserve while going through these tragic moments.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Claiming Workers Comp Benefits for Injuries Caused by Lead Exposure

March 5, 2020 By James Hoffmann Leave a Comment

Work-related injuries don’t always happen as a result of an accident. Sometimes, they are caused by working conditions. Such is the case of workers who are exposed to toxic substances, such as lead.

Workers’ compensation law is very clear when it comes to work-related injuries or illness. If your job has caused you harm, then you are generally entitled to compensation to cover the cost of your treatment and missed workdays. The actions you take following the incident can weigh greatly in your workers’ comp case. That’s why you should always speak with a St. Louis work injury lawyer.

Here’s what you need to know about lead poisoning and how to get compensated for it.

How Does Exposure to Lead Affect Your Body?

Exposure to lead has been linked with numerous health problems since the middle of the 20th century when adults and children alike would present certain symptoms if they lived in houses painted with lead-based paints. In 1978, the use of lead-based paints in personal and commercial buildings was banned in the USA. However, owners who already had them in their homes were not required to remove them.

Certain industries use lead as an ingredient for their products or production process or carry their activities in old buildings that might still have traces of lead-based paints. Workers who are exposed repeatedly to lead can develop various occupational injuries.

Symptoms of lead exposure include:

High blood pressure
Muscle and joint pain
Headaches
Abdominal pain
Lost appetite
Kidney damage
Anemia
Mood disorders
Difficulty concentrating
Reproductive problems: poor sperm count in men or miscarriage, stillbirth or premature birth in women

Getting Compensation for Lead Exposure at Work

Occupational injuries are harder to prove than injuries resulting from accidents. They happen over long periods of time and the symptoms might show one by one, gradually. But this doesn’t mean that workers are left unprotected in case they do suffer from health problems caused by their working conditions.

If the exposure to lead has happened at the workplace, then you must take action and file a claim for workers’ compensation. You must be able to prove the nature and severity of the occupational injuries and demonstrate that they were directly caused by the working conditions, with the negligence of your employer or even your own disregard for safety regulations.

If you or a loved one were exposed to lead while working and suffered from occupational injuries, get in contact with an experienced St. Louis workers’ comp lawyer who can help you navigate the complicated aspects of the case and protect your legal rights.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Are Uber Drivers in Missouri Covered by Workers Compensation?

March 3, 2020 By James Hoffmann Leave a Comment

Workers’ compensation is a form of insurance that covers injuries suffered by employees in the course of employment while performing work duties. Workers who have accidents or suffer from occupational injuries as a direct consequence of their work conditions can apply for workers’ compensation.

Injuries are quite likely to happen for Uber drivers and other drivers who work for ride-sharing companies. Whether they are caused by a car crash, a violent client or by overexertion, injuries can leave an Uber driver dealing with expensive medical bills, lost hours of work and other damages such as non-economic ones (pain and suffering, psychological injuries, etc.).

So, Are Uber Drivers Covered by Workers’ Compensation?

The answer to this question is a complicated one, because of the way Uber and other ride-sharing companies define their drivers: not as employees, but as independent workers and collaborators. In some cases, the court that analyzes an injured driver’s case might agree that these titles represent misclassifications of the respective drivers, as their relationship with Uber is more of an employee-employer one: Uber controls the fares, the performance and other aspects of their drivers’ work.

Other judges are ruling in favor of the big companies, stating that Uber drivers are, indeed, independent contractors who are directly responsible for their damages. As you can see, the status imposed by such new companies that changed the way shared transportation works can be tricky, and it can directly impact the benefits and compensation that a driver can receive.

Uber Drivers in Missouri and Their Coverage

The same principles apply in Missouri too. The state of Missouri does protect employees in case they get hurt while on the job, and protects them by offering workers’ compensation. But when it comes to Uber drivers, they are still considered independent contractors even though many parts of their work are controlled by the company.

Here are the reasons why:

They decide on their own schedule and working hours
They don’t have a temporary or permanent contract with Uber
They use their own devices for the job: car, smartphone, etc.

Even though these conditions lead to an inability to apply for workers’ compensation in the event of an accident or another type of event that leads to injuries, Uber drivers are covered by an insurance policy. As of 2016, Uber drivers are required to carry certain minimum insurance coverage that can have a superior limit of $1,000,000. This requirement comes as a solution to the fact that Uber drivers were virtually uncovered at the beginning of ride-sharing, causing many drivers to pay for medical bills out of their own pockets.

Why You Should Speak With a Lawyer

The best thing to do if you are an Uber driver and you were injured while on the job is to hire an experienced St. Louis workers’ compensation lawyer who can navigate through the complicated circumstances of your collaboration with Uber, their insurance coverage and the details of your accident.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300