Workers Compensation Lawyer Blog

What Classifies as a Work Injury? – St. Louis Workers Compensation Attorneys

December 2, 2020 By James Hoffmann Leave a Comment

A work-related injury is generally any harm, illness, or even condition that you sustained while you are working and fulfilling your terms of employment.

Getting injured while on the job can interrupt you from fulfilling your responsibilities. It might just be for a day, the whole week. However, for some, the damage of the injury might be permanent, and going back to work will no longer be an option. Knowing and being aware of your rights and benefits as an employee is important. While you can read up on what your legal options are, talking to a reliable and experienced St. Louis work injury attorney is also something you should consider.

You might have some doubts and hesitations in identifying if your injury was ‘work-related’ or not. By definition, a work-related injury is any harm, illness, or even condition that you sustained while you are working and fulfilling your terms of employment.

There are three basic categories for work-related injuries that you need to understand. Your St. Louis work injury attorney can also explain these further in detail and help you determine what type your injury falls under.

Physical Injuries

This is the most common and frequent type of injury sustained in the workplace. These can result in the course of your work like hurting your back while lifting a heavy box or getting injured while operating a machine or burning yourself while cooking a dish. Physical injuries can also result due to other people’s actions like being hit by an object that was accidentally dropped by a colleague, say in a construction site. General workplace injuries like twisting an ankle, tripping, and falling also fall under physical injuries.

So far, based on collected data, the common physical injuries sustained while on the job are:

Injuries to the bones, muscles, and tendons
Injuries to the ankles, feet, hands, and wrists
Injuries to the face, neck, head, and shoulders

Occupational Illness

This kind of condition is something that you acquire because of the nature of your job. It is also likely that your condition has worsened due to your duties at work. A classic example of occupational illness will be employees in the healthcare industry. They might acquire and contract an infectious disease from being exposed to one of their patients. Employees of factories and construction sites are also susceptible to occupational ailments because of their constant exposure to fumes, dust, and hazardous components. This in turn can lead to issues like asthma, upper respiratory tract infections, silicosis, or asbestosis. These ailments don’t show up overnight but can progress over years of continuous exposure.

Repetitive Stress Injuries

The third type of work-related injury that is generally covered by workers’ compensation claims is repetitive stress injuries. These types of damages are sustained when you do the same tasks over and over again over a long period. So far, the most common repetitive stress injury is carpal tunnel syndrome for writers, clerks, and administrative assistants, and can happen in all kinds of industries. If your job entails you to lift and carry heavy objects the majority of your time on the job or move in a specific and restricted way, then there is a bigger chance of you developing a repetitive stress injury.

You might have more questions and clarifications about what is considered and not considered as a work-related injury. An experienced St. Louis work injury attorney can provide you all the assistance you need in understanding what qualifies as a work injury and guide you in taking your case to a legal, logical, and rightful conclusion.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Can I Get Fired for Hiring a Workers’ Compensation Attorney?

December 1, 2020 By James Hoffmann Leave a Comment

Here’s why the benefits of hiring an experienced workers’ compensation attorney far outweigh any potential action your employer may take.

Getting injured while on the job is painful, and it can lead to the arduous task of seeking workers’ compensation. This is certainly a good time for you to discuss the specifics of your case with an experienced Missouri workers’ compensation attorney.

However, a concern that many people have when it comes to hiring a workers’ compensation attorney is that they may lose their job. Many people feel they risk getting fired for hiring an attorney. While there’s no saying what a company may or may not do, you should make it a point to connect with a reputable St. Louis workers compensation attorney who will be able to guide you on the steps to take should something like this ever happen.

Can You Be Fired for Reaching Out To a Workers’ Compensation Attorney?

It is unlikely that your employer will fire you for reaching out to a workers comp attorney. Most employers know that this would not be a smart thing to do. Additionally, it is important to understand that hiring a lawyer will generally work to your advantage. Here’s why:

Since your employer is aware that you are hiring an attorney about one legal issue, they know that the chances of your lawyer representing you if you are fired is very likely. Most companies prefer to avoid legal proceedings especially since they will be violating the law if they fire you without a valid reason.
Firing you can also backfire against your employer in the worker’s compensation case. Usually, companies can reduce the amount of payout in workers’ compensation claims by letting you get back to work. If they fire you, they lose that opportunity.

According to changes in the Missouri workers’ compensation law in 2005, an employer can stop paying for the employee’s temporary total disability if the employee gets terminated or fired due to reasons that are entirely separate from the workers’ compensation claim. Examples would be not reporting to work for reasons that are unrelated to the injury or committing an offense against the morals and ethics of the company like fraud.

Does an Employer Need a Good Reason to Fire You?

You need to know that even while you are recuperating, your employer has every right to ask you to report to work and be productive with what is called ‘light duty‘ work that could range from photocopying papers to doing an inventory.

This is very well within acceptable terms. Still, realistically, there are times when the employer will try to make you quit or create reasons to terminate you without associating it to the workplace injury that you sustained.

Speak With an Experienced Work Injury Lawyer

Aside from preventing any looming termination, a skilled St. Louis workers’ compensation attorney can ensure that you get all of the benefits you are legally entitled to. Do not assume that your company will do what is right. Technically, your employer has little control over your case and the amount of compensation involved. It’s actually the employer’s insurance company who will try their hardest to minimize your claim and get you back to work as quickly as possible and settle your case as cheaply as possible.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

What Classifies as a Work Injury? Do I Need a Work Comp Lawyer?

November 30, 2020 By James Hoffmann Leave a Comment

In Missouri, an employee is generally entitled to workers’ compensation if they sustained an injury or contracted an illness from causes related to their work or workplace.

If you are unsure of your eligibility for workers’ compensation benefits, the information below may shed light on your questions.

Work Injury Classifications

There are three types of injuries generally covered by workers’ compensation.

Repetitive Motion Injury

These are the most common injuries incurred by workers and employees in a workplace where the majority of labor is usually of the manual kind, such as in factories and warehouses. Months or years of exerting certain parts of the body over and over again can lead to chronic pain or injury like tennis elbow.

This classification also applies to office work that requires performing the same motions, such as typing and moving a computer mouse, which may result in Carpal Tunnel Syndrome.

Occupational Illness

A health problem sustained from specific conditions in the workplace, to which an employee is exposed to for long periods, generally constitutes an occupational illness. Here, the direct relation between the ailment and the environment must be established. The illness should also be identified as an industrial injury, included in the list of occupational diseases, or recognized by the Occupational Diseases Committee.

Here are some examples: Mesothelioma, a cancer of the lungs often caused by inhaling asbestos particles and usually affects firefighters. Acoustic trauma or hearing loss due to long-term exposure of ears to loud noises, such as engines and tools. Respiratory diseases such as asthma acquired from handling hazardous substances.

Emotional or Mental Stress Injury

Heart disease or cancer caused by high-stress jobs may fall under this category. These are the least common work injuries that qualify for workers’ compensation because they are the most difficult to prove. A worker or employee must provide hard evidence that their stress-related emotional or mental injury is a direct result of their workplace environment.

Should You Speak With an Attorney?

Missouri law mandates that most employers carry workers’ compensation insurance. If you discover that your employer is not insured, you can report them to the state’s Labor Department.

Legal representation may likewise be beneficial when your claim is denied, or if the insurer’s settlement offer does not cover the medical expenses associated with your work-related injury or illness.

Disputes on the severity of your health condition may also arise. In this case, you need to gather enough evidence to support your claim. This process is often complicated, however, an experienced St. Louis work injury attorney will understand how to help you build a strong case.

Have you sustained a work-related injury or illness? If so, get in touch with an experienced attorney as soon as possible to ensure that your legal rights are protected.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Here’s Why You Shouldn’t Ignore Seemingly “Minor” Work Injuries

November 25, 2020 By James Hoffmann Leave a Comment

Things get complicated when a claim is filed late, or when an injured worker has to prove the severity of an untreated injury.

While some industries are more prone to injuries than others, the truth is that work accidents happen all the time. Whether you are a construction worker or a cashier at a supermarket, you could get hurt while performing work duties. However, you need to remember is that every work injury should be investigated regardless of how insignificant it seems at that moment.

There are plenty of clients who seek the assistance of an attorney with complicated workers’ comp cases after ignoring a seemingly minor accident at work. Things get complicated when a claim is filed late, or when you have to prove the severity of an untreated injury.

Here Is Why You Shouldn’t Ignore Minor Work Injuries

They Might Not Be So Minor

Some injuries have delayed symptoms that can take up to a few days to show. In other cases, the victim has an adrenaline rush after the accident, which can mask pain and give them the feeling that they are just fine. In other cases, untreated minor injuries can lead to complications.

From a medical point of view, reporting your injury to a doctor and getting checked after a work accident is not only crucial for a workers’ compensation claim but most importantly, for your health.

You Should File a Claim Sooner Rather Than Later

Being late when filing your claim can cost you money. Your settlement might have a lower value if you report your minor injury 30 or 60 days later, sometimes by a quarter of the final amount, or even more. Perishable evidence will also be lost if you are not quick enough to report your injuries, so it’s best to do it as soon as reasonably possible.

There Is a Statute of Limitation on Workers’ Compensation

If you ignore a minor injury for a long, long time, and you start manifesting symptoms of aggravation after a few years, there is nothing you can do once the statute of limitation is exceeded.

Broken Safety Rules Can Be Dangerous to Others If Ignored

If your accident is caused by improper working conditions, ignoring it and failing to report it in time puts other workers in danger. A lot of companies have a hazard reporting system that they encourage you to use, precisely for preventing future accidents.

Your Recovery Is Compromised by Not Taking Time off Work

When you don’t report your injuries, you can’t take time off work, and this can aggravate your health quite rapidly.

If you have suffered a minor injury and you’re not sure if it qualifies for workers’ compensation, or if you delayed reporting a minor injury that turned out to be more severe than you thought, contact an experienced St. Louis workers’ comp attorney who can evaluate your case and give you a realistic evaluation.

Reporting minor injuries should not get you in trouble, should not influence how your employer treats you, and it’s your right as a worker to activate in a safe environment.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

5 Common Injuries Sales People May Suffer as a Result of Their Employment

November 23, 2020 By James Hoffmann Leave a Comment

Salespeople are an important part of our economy, as they often determine the success of a business, and can even influence the quality of the services and products that clients receive.

Workplace injuries can happen in any industry, to any employee, regardless of what their activity is. Of course, some jobs are more prone to accidents, and the risk involved can be estimated for each employee. However, it doesn’t fully protect any worker from work-related injuries.

Salespeople are an important part of our economy, as they often determine the success of a business, and can even influence the quality of the services and products that clients receive.

However, even if the nature of their job doesn’t seem to involve too much risk, salespeople can get hurt on the job

Here are some of the most common injuries for the workers in the sales industry.

How Can Salespersons Get Hurt at Work?

As with any other line of work, salespeople can be exposed to injury risks while performing their duties. Some salespersons travel for work, using their car every day to get to their clients. This certainly puts them at risk of being involved in a car accident, which can lead to all types of injuries, from minor ones to fatal ones.

For salespersons working from the company’s physical location, injuries can be caused by working on a computer (strains, repetitive movements, electrocution), or from being around heavy machinery, heavy objects, and risky environments like warehouses.

What Are the Most Common Injuries a Salesperson Can Suffer From?

Bone fractures: Multiple bone fractures can be considered a catastrophic injury. Bone fractures usually need around 4 weeks to completely heal, but some injuries require surgery and physical recovery too.

Head injuries: Head injuries can be potentially fatal and might affect you for a long time. Head injuries can have delayed symptoms, which is why you should be checked by a doctor as soon as possible after the accident.

Bruises, contusions: Soft tissue injuries can prevent you from working at full capacity.

Strains and sprains: These injuries can often impair the worker for a few weeks.

Back injuries: They can be potentially fatal or cause permanent disability. Most often, they cause chronic pain and the victim needs medication regularly.

Other injuries happen with a lower frequency, but they can still range from minor trauma to catastrophic wounds. Depending on what you were doing when the accident happened and when it happened, you could be eligible for workers’ compensation.

Speak With an Experienced Attoreny

If you want to make sure that your case will be built on strong evidence and your legal rights will be protected, speak with an experienced St. Louis work injury attorney as soon as possible after a work injury.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300

Impairment vs Disability: What You Need to Know Before You File a Work Injury Claim

November 23, 2020 By James Hoffmann Leave a Comment

If you or a loved one have suffered injuries that led to a functional limitation, it’s important to know how to use these two terms before you file a claim.

The terms “impairment” and “disability” are often be used interchangeably in colloquial language. Most people think about a common meaning, which is losing the physical or mental capacity to function properly.

When it comes to the workers’ compensation and the law system behind it, the two terms are very clearly differentiated and used. If you or a loved one have suffered injuries that led to a functional limitation, it’s important to know how to use the two terms before you file a claim. It is generally a good idea to also discuss the specifics of your claim with an experienced workers’ compensation attorney in St. Louis, MO.

Impairment Versus Disability

In legal terms, impairment is not equivalent to disability. An impairment represents a consequence of an injury or disease on one’s health, bodily integrity, or function. Work injuries that qualify for workers’ compensation are mostly impairments since they affect one’s health more than just needing first aid.

A person’s disability is legally defined only through their work. If the impairment they are suffering from prevents them from carrying their normal job in objectively reasonable terms, they may qualify for disability benefits.

A simple way to differentiate the terms is to put them into perspective: two different persons might have the same impairment, but they won’t necessarily have the same disability if their work is affected differently.

What Is an Impairment Rating?

To determine if you are entitled to disability benefits, the workers’ compensation commision has to know what impairment rating you have, and how this affects your standard of living financially. First, the impairment rating is given by your doctor, after you have received reasonable medical treatment and are at the point of MMI (maximum medical improvement).

If your living functions are still impaired after treatment, the next step is to prove how your impairment affects your ability to perform your usual job.

The level of your impairment is determined using AMA guides. Then, your disability benefits are calculated based on those guidelines and the amount of money you were earning at the time of the accident. You will be given an impairment rating expressed on a 1 to 10 scale

What Compensation Can You Receive for Disability?

If you are eligible for workers’ compensation, then it will generally cover your medical treatments, investigations and interventions, and your lost wages. Pain and suffering do not fall under the workers’ comp system.

In most states, you can choose between receiving weekly benefits during the time you are suffering from a disability, or to be given a lump sum that you can manage how you see fit. Either way, it is a good idea to speak with an experienced workers’ comp lawyer before making a decision.

Speak With an Attorney 24/7

There are a lot of nuances to receiving workers’ compensation for your injuries. That’s why it’s always best to consult with an experienced St. Louis work injury attorney and let him handle the legal aspects of your case.

Speak With a Workers Comp Attorney

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

Call (314) 361-4300