Workers Compensation Lawyer Blog

Missouri Workers Compensation Explained: What Is “Body as a Whole?”

May 20, 2020 By James Hoffmann Leave a Comment

Some legal terms you may encounter in your worker’s compensation case are self-explanatory, while others can create a lot of confusion.

Confusion is bad news for injured workers who are trying to receive compensation for their work injury.

One such example of a legal term that may confuse you is “man as a whole” or “body as a whole” as it relates to the disability benefits included in the compensation benefits. What exactly does it mean?

What Does the Law Say?

The idea behind the worker’s compensation program is to help injured workers get back on their feet after a work injury by making sure they get the right medical treatment, and even time off work should they need it.

However, in some cases, you cannot fully recover from your injuries, which is when the term “body as a whole” comes into play. When you settle your worker’s comp case, that settlement must account even for future expenses that may result from your work injuries, known as disability benefits. These can be either permanent or temporary, partial, or total depending on your injury.

When you are totally or permanently disabled, you may be entitled to receive weekly benefits for the rest of your life, as these injuries generally prevent you from performing any kind of work.

For partial or temporary disabilities, you are usually out of commission only for a while, or not able to return to your initial job, but another form of employment would be suitable for you. These are the cases where “body as a whole” becomes relevant.

It Indicates the Number of Compensable Weeks

Under Missouri law, a “body as a whole” is a method the state uses to assign a specific number of compensable weeks to different types of permanent partial disabilities. Per the current law, the “body as a whole” is assigned 400 weeks, which is used as a baseline to estimate the number of compensable weeks for other schedules or non-scheduled injuries.

For instance, permanent partial disability in your foot is compensable for 150 weeks per the current guidelines. So, if you have a foot injury that may prevent you from going back to your initial job, but should not pose trouble with finding different employment, you are eligible for up to 150 weeks of compensation for this injury. Usually, you receive this in a lump sum, though in some cases the insurance company may agree to send weekly payments.

If you injure your “body as a whole,” however, you’ll not receive only 400 weeks’ compensation. This is just a method of helping the state calculate a fair number of weeks for other types of partial disabilities.

Discuss Your Case With an Experienced Workers Compensation Lawyer

Missouri’s worker’s comp terms can be confusing, and the insurance company may not take the time to explain them to you. Speak with an experienced workers comp attorney today to ensure your legal right to compensation is protected.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

What to Do If You’ve Been Exposed to Coronavirus at Work

May 19, 2020 By James Hoffmann Leave a Comment

In the context of the Coronavirus outbreak, life is no longer as we know it, in many ways. The most affected sectors are the health and economic ones.

The reason why so many people develop strong feelings of anxiety because of the pandemic is often not limited to health concerns, but also their state of employment and financial future.

Many workers have questions about how their employer will handle crisis situations related to the coronavirus pandemic.

What Do I Do If a Colleague Is Confirmed Positive With Coronavirus?

First of all, your employer must take certain measures in case one of their employees is confirmed positive. You can expect your employer to inform all of you if a member of your team has the virus.

Due to the circumstances, though, most employers follow the CDC recommendations and keep their employees informed.

If one of your colleagues has tested positive for coronavirus, your employer must determine who has had close contact with that person. For employees who work in essential sectors like healthcare or retail, being exposed to the coronavirus might not automatically mean staying at home, but closely monitoring their health over the next 14 days and wearing protective gear in case they are asymptomatic carriers. This should be discussed with your healthcare provider.

If any of the employees show specific coronavirus infection symptoms (like fever, dry cough, tiredness, etc.), they should be sent home by their employer. You are generally offered the option to take paid leave or medical leave.

What Legal Rights Do I Have If I’ve Been Exposed to Coronavirus at Work?

This question is not easy to answer, as the circumstances can vary day by day, on top of dealing with an unprecedented situation like this. Employers are required by default to ensure that the workplace is a safe environment for their employees. However, when dealing with a virus that you could get anywhere, your employer’s liability remains under question.

Should your employer be held liable if you got infected with coronavirus at work? You will be surprised to find out that the answer may be no, because you could get it from anywhere. This is the reason why flu and viral infections are not easily a strong case for workers’ compensation. How can one prove that they got the virus at work? The discussion changes for employees who work in an environment where the exposure can be exponentially bigger, like workers in a hospital, airport, and so on.

Will Workers’ Compensation Cover Me if I Get Infected with Coronavirus?

As mentioned above, it’s all about being able to prove that you have contracted the virus as a result of your employment. There are many details to be considered in such a challenging workers’ comp case. We strongly recommend getting in touch with an experienced St. Louis workers’ comp lawyer to see if you are eligible for compensation or what your alternatives may be.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Missouri Workers Compensation for Foot Drop

May 18, 2020 By James Hoffmann Leave a Comment

Foot drop is a general term that describes the difficulty to flex your foot. Instead, your foot might drag on the ground as you try to walk.

Foot drop is not necessarily a condition itself, but usually a symptom that something else is wrong, such as a neurological condition or an issue in your muscles. And they can be a result of your job.

Here’s what you need to understand about foot drop and how it may relate to a work injury.

How Your Job Can Lead to Foot Drop

Your foot can sometimes drop as a result of:

Nerve damage – pinched nerves is one of the most common causes of foot drop, which can be caused by direct injuries or even repetitive motions

Muscle injuries – if the muscles weaken, you may lose the ability to flex your foot properly. The injuries can be caused by direct blows or even repetitive motions that put too much strain on them for long periods of time

Brain disorders – such as ALS, multiple sclerosis, or even strokes.

Brain disorders aside, some occupations make you far more likely to experience foot droop, as they involve putting too much pressure on your foot, or force you to repeat the same motions / stay in the same posture for hours on end. Risk factors for drop foot include:

Prolonged squatting or kneeling
Sitting with your legs crossed
Wearing improper boots that enclose the ankle and put pressure on the peroneal nerve.

How to Get Compensated

One of the first things you should do is to speak with a St. Louis worker’s compensation lawyer. Drop foot is not a common work-related injury, and in most cases, it’s a result of the long-term activity.

Injuries that aren’t caused by a big, singular event can be a lot more problematic in workers’ comp claims because they pose the question: is the injury actually caused by your job? As a result, you will need to show the insurance company, without a shadow of a doubt, that your drop foot is indeed a consequence of your job. A lawyer can help you achieve it by:

Contacting expert witnesses

Prove that your job does put you at risk for foot drop

Protect your rights, which the insurance company may overlook

In a workers’ compensation claim, the issue of fault is non-existent. For instance, if your foot drop is caused by you sitting with your legs crossed at your desk, you are still generally eligible for compensation. The insurance company may try to argue you’re not, and some injured workers can even end up withdrawing their claim not realizing that legally it doesn’t matter who caused the injury, as long as the overall context was linked to their employment.

Speak With a Missouri Work Injury Lawyer

If you’re experiencing foot drop as a result of your employment, get in touch with our experienced legal time 24/7 for a free case evaluation.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

What Happens If I’m Injured and My Employer Doesn’t Have Workers’ Comp Insurance?

May 15, 2020 By James Hoffmann Leave a Comment

If you have been injured at work in St. Louis and you find out that your employer doesn’t have workers’ compensation insurance, you may not know what to do.

You may wonder: Is it really mandatory for your employer to have workers’ compensation insurance? Do you need the help of a St. Louis workers’ compensation attorney? How can you get the money you need to cover your bills and expenses?

Workers Compensation Insurance Is Mandatory For The Vast Majority Of Companies

If your employer has 5 or more people working both full or part-time, they are generally legally required to carry workers’ compensation insurance. If your employer works in the construction industry and has one or more employees who “erect, demolish, alter, or repair improvements,” they also must have workers compensation insurance.

If your employer meets these criteria in Missouri and does not have workers’ compensation insurance, they may be breaking the law. It’s just that simple. Get help from St. Louis work injury lawyer right away to protect your legal right to compensation.

What Should I Do After I’m Injured?

If you are injured in St. Louis and your employer does not have workers’ compensation insurance, it’s very important for you to take immediate action to get the compensation you deserve. Here are the first steps you should take after you are injured.

Collect information about the incident – Make sure that you gather all of the reports, evidence, medical bills, and other information about your workplace accident. The more information you can gather, the better – as your St. Louis work injury attorney can use this evidence to bolster your case.
Hire a work injury lawyer in St. Louis – You will greatly benefit from the help of an experienced lawyer to get the compensation to which you’re entitled after your injury.
File a lawsuit against your employer – In most cases, you will file a personal injury lawsuit against your employer. Your lawyer will help you put together your case, and file a suit in the appropriate St. Louis or Missouri court. A civil lawsuit is the best way to get the money you deserve to cover your medical bills and missed work. You may also be compensation for your pain and suffering, and you may be awarded punitive damages by the court,
Recover medical expenses from the Second Injury Fund – The process of filing a lawsuit against your employer may take a long time. And while you pursue legal action, your medical bills may still be piling up. Your attorney can help you file with the Second Injury Fund, which may cover your medical expenses if your employer has failed to purchase workers’ compensation insurance.

Get Help From A Work Injury Lawyer

If you have been injured at work and your employer does not have workers’ compensation insurance, get help from an experienced attorney. The sooner you take action, the sooner you will get compensation for your injury.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Is Physical Therapy Necessary After a Work Injury?

May 14, 2020 By James Hoffmann Leave a Comment

When you get injured, you want to receive the best treatment possible so that the injury does not uproot your entire life. Those in Missouri who get injured on the job are generally entitled to workers’ comp benefits, which help them access this medical care without having to pay out of pocket, or through personal insurance policies.

Many people wonder: does physical therapy count as medical treatment in a worker’s compensation case?

Why You May Need Physical Therapy

Physical therapy has many benefits to its name:

Restoring the functions or mobility
Improving strength
Relieving pain
Speeding up recovery post-injury
Preventing the risk of future injuries or complications

You may require physical therapy when an injury at work impairs one of your functions, either completely or partially. For instance, if you break your leg and keep it in a cast to heal for a few months, you may need physical therapy to regain full mobility in your leg, or to strengthen the muscles that have been weakened as a result of your recovery.

Is Physical Therapy Covered by Worker’s Compensation?

In Missouri, physical therapy is considered “an extension of medical treatment” and these benefits can cover such costs, though the state does not necessarily make it mandatory.

It may come down to what your worker’s compensation doctor decides. In Missouri, your employer has the right to choose the doctor who’ll be treating your work injury, which they usually leave at the hands of the insurance company. If your worker’s compensation doctor considers physical therapy a necessity in your case and recommends it, then these costs are generally covered by your worker’s comp benefits.

However, if you want to seek physical therapy but your doctor doesn’t recommend it, or doesn’t think your case warrants it, then these costs are typically not eligible. You can speak to your doctor and let them know why you feel you need physical therapy. Your doctor may not be fully aware of how demanding your job is, so when they analyze your case they may wrongly assume your injuries have healed enough to allow you to get back to work without additional therapy. Sometimes, an honest conversation with your doctor may be enough to access this additional treatment.

However, don’t seek physical therapy outside the doctor’s recommendation thinking the insurance company will cover it. It may end up hurting your claim, especially if you still need to follow your initial worker’s compensation treatment, as the insurance company may argue you’re not following the doctor’s orders.

Speak With an Experienced Missouri Work Injury Lawyer

Physical therapy has scientifically-proven benefits that are hard to ignore, and if your injuries can improve greatly with it, there is no reason why your worker’s comp doctor wouldn’t recommend it. If you’re facing troubles in this sense, reach out to a St. Louis work injury attorney right away. The costs of physical therapy may be added to the final settlement.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Workers Compensation for Back Injuries Caused by Poor Ergonomics

May 13, 2020 By James Hoffmann Leave a Comment

Back injuries are common among Missouri workers and are often caused by poor ergonomics.

Workplace ergonomics refers to the process of designing the workplace while having the worker in mind. The idea is to create a well-balanced environment that doesn’t put too much strain on the worker, and as a result, increase performance and productivity.

For instance, an element in workplace ergonomics is making sure workers can have an appropriate posture while working, which may, in practice, translate to making sure they have good chairs while working on their desks.

However, if your workplace ergonomics lead to back injuries, can you get worker’s comp for it?

Yes, These Injuries Are Generally Eligible

The notion that workplace ergonomics influence a worker’s health is not a new idea. In fact, NIOSH even has an entire program dedicated to helping workers identify risks and improve the staff working environment to prevent injuries, in particular back in j uries.

As a result, your back injuries, which were caused by poor ergonomics, are generally eligible for worker’s compensation benefits. Ideally, you’d just have to file a claim and wait for treatment.

Why You May Hit Some Bumps

Employees working at a desk are some of the most likely to experience back injuries, contrary to popular belief. People can spend hours on end sitting in the same position, and if their workstations are not properly set up in a way to ensure they have an adequate posture, back injuries are bound to happen.

The same goes for injuries caused by twists, turns, or lifting heavy objects – they are often directly influenced by poor ergonomics.

Such an injury doesn’t always appear in a blink of an eye. It’s sometimes the result of long-term exposure to this improper environment, which could lead to a few hicks in your worker’s comp process.

Specifically, the insurance company doesn’t want to pay for just any worker claiming their injuries resulted from the job, so in case there is no one event that leads to an injury, they will likely investigate.

This can be problematic for you because, for one thing, it can potentially delay your treatment. You cannot choose your own worker’s compensation doctor in Missouri, and if the insurance company isn’t 100% sure of your case, they likely won’t give you the green light to see the doctor until they are. Plus, it can end up in a denied claim if the injured worker doesn’t understand how to build a strong case.

What Should You Do?

It’s best to work with a St. Louis worker’s compensation lawyer who can help you prove your back injuries have resulted from poor ergonomics. What this means exactly depends on each case, but it will usually consist of medical proof and expert testimonies that can link your injuries to your work environment.

Working with a lawyer can also speed up the compensation process and get you your much-needed medical treatment.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300