Workers Compensation Lawyer Blog

Some workplace injuries or illnesses can turn one’s life around completely and result in permanent damage.

If you’re fortunate, a workplace injury may not leave any lasting effects on your life, and you can move on from it completely.

Sadly, not all injured workers face this happy scenario. Some workplace injuries or illnesses can turn one’s life around completely and result in permanent damage. In these cases, the injured worker may be entitled to more than just medical reimbursements and time off work. They are generally entitled to disability benefits.

How much will that translate to? One way you can determine this is through the Activities of Daily Living (ADL) principle.

What Is ADL and What Does It Have to Do with Worker’s Compensation?

ADL is a concept that dates from the 1950s, used as an indicator of a person’s functional status. 

There Are Two Main Categories.

Basic ADLs:

• Moving and walking independently
• The ability to feed oneself
• The ability to dress and undress
• The ability to bathe and groom oneself
• The ability to perform use the restroom independently

Instrumental ADLs:

• Shopping and traveling 
• House cleaning and maintenance
• Managing finances
• Cooking
• Managing medications and treatments
• Communicating with others

Instrumental ADLs refer to more complex functions that require additional skills. Usually, such functions are impaired when a person’s cognition is affected.

What Do ADLs Have to Do with Worker’s Compensation?

Well, if your workplace injury results in a disability, some of your ADL functions may be impaired, depending on the nature of your injury. Worker’s compensation technically does not require a professional to analyze a person’s ADL, but you may end up benefiting from it.

Worker’s Comp Settlements

Some worker’s comp cases may end up in a settlement if the workplace injury or illness leaves long-term effects, and the worker cannot return to their job, or get any other form of employment.

By law, you may be entitled to disability benefits that will account for the losses the workplace injuries have created. Because of this, analyzing how your ADLs have been affected by your medical condition is essential because it allows you to showcase the full extent of your situation, which may not be present in your medical file.

For example, if a workplace injury leaves a worker paralyzed permanently, the obvious ADL affected has to do with mobility – they likely cannot move freely on their own in many cases. But if you look closer, there are other functions which are affected. Housecleaning, grooming, even dressing can be ADL functions that are much more difficult to manage for a person who is paralyzed.

What Are Your Options?

If your workplace injury has affected your quality of life, reach out to a St. Louis worker’s compensation attorney for assistance. The final settlement in your case should account for all the pain your workplace injury has caused, and you will benefit greatly from the skill and experience of an attorney who can negotiate a fair settlement.

If you have experienced a work-related injury while working as a gardener, it is important to follow these steps to protect your right to compensation.

Working as a gardener can put you face to face with a lot of different health risks:

• Heavy machinery accidents
• Slip and falls
• Toxic chemical exposure
• Heatstroke
• Strains
• Back injuries, etc.

If you are experiencing any injury because of your job, it’s essential to get medical attention fast. Here’s a guide on how to get compensated.

1. Notify Your Employer

Injured workers in Missouri are required to notify their employers of their injury, in writing, where they will mention the type of injury or illness they are experiencing, as well as other details surrounding it:

• Date and place of the accident (if applicable)
• The context (how it occurred, in short), etc.

However, the type of employment you have matters. In Missouri, freelancers and independent contractors are generally not protected by worker’s comp laws as they are viewed as self-employed, so the company that hires you is not required to offer such benefits.

Additionally, if you are employed by the homeowner directly, you may not be covered in this case either. Missouri mandates that companies with a minimum of 5 employees are obligated to offer worker’s comp benefits. Other companies can choose if they want to offer it.

If your employer does not offer such benefits, you may get compensated through a personal injury claim. Reach out to a St. Louis work injury lawyer to learn out more.

2. Gather the Evidence

Worker’s compensation is a no-fault system, so technically you do not have to prove someone is responsible for your accident to get compensated. You do, however, need to show that your injury or illness is work-related if this link isn’t clear.

This is why just to be on the safe side, you may want to start collecting some evidence you can present to your employer and the insurance company and show your injury is eligible for worker’s comp. 

3. Speak With a St. Louis Worker’s Comp Lawyer ASAP

Unfortunately, getting compensated for a workplace injury isn’t always an easy endeavor. Depending on the extent of your injuries, and how expensive the medical treatment and other benefits may be, you could face some pushback from the insurance company, which can try to even dismiss your claim altogether.

Your best defense against their attempts is to work with an experienced St. Louis worker’s compensation lawyer. They can help you build a strong case and ensure you get access to proper medical treatment and other benefits.

It’s especially important to work with a lawyer if the accident has left you with long-term disabilities, or even permanent damage. In these cases, you may also be entitled to disability benefits, which will have to be negotiated at the end of your claim.

Have you been injured while working as a gardener? Get in touch with a St. Louis worker’s comp attorney now for a free case evaluation and advice on how to move forward.