Workers Compensation Lawyer Blog

Farming is one of the most hazardous industries to work in.

Farms can range from small, family farms, to huge million dollar farms focused on mass production. When you work on a farm you are constantly surrounded by heavy machinery, toxic chemicals, livestock, loud noise, dust, and sun, among other potentially dangerous factors that can put your well being at risk and create health hazards. According to OSHA there are more than 2.3 million farms in the U.S., and about 3.1 million men and women find employment on these farms. Around 120,000 injuries occur on farms every year and about 1,300 of these injuries are fatal.

Tractor accidents are the number one cause of fatality on farms. Farm equipment and machinery in general can be very dangerous if the proper protective gear is not used and regular equipment maintenance is not performed. Also, younger workers and older workers are more susceptible to injury on farms. About 40% of serious farm accidents could have been prevented by using the proper protective equipment, like tractor seat belts.

If you work on a farm and are injured, you might wonder whether or not your injury will be covered under workers’ compensation and if you can file a claim. While some farm injuries are covered, others are not under Missouri workers’ compensation laws. So you will need to familiarize yourself with the type of farm you work on. Employers of farm labor are exempt from needing to have workers’ compensation coverage, but farm employers of non-farm labor must carry workers’ comp insurance if they have five or more employees. A laborer counts as an employee when he or she works for 5.5 consecutive work days per year.

What does this mean for you?

This means that if you are injured on a labor farm you are not entitled to workers’ compensation but you can file a personal injury case in civil court, since the injury will not be governed by workers’ comp laws.

It also means that farm injury cases are not always as straightforward as they appear, and may require the expertise of a Missouri workers’ compensation attorney or a Missouri farm accident attorney.

Workers’ comp laws are ever-changing, therefore navigating the system can be difficult. For instance, recently the Court of Appeal in Missouri made a decision that changed the way occupational diseases are covered. They held that occupational injuries, like carpal tunnel, mesothelioma, or cubital tunnel syndrome, are not exclusively covered under workers’ comp. This means that a worker who suffers from an occupational injury can choose between filing a workers’ comp claim with the Division of Worker’s Compensation or filing a civil lawsuit to recover damages.

Even though workers’ comp does not cover pain and suffering, if your injury is covered by workers’ comp insurance, you do not have to prove that your employer acted negligently or amass evidence as you would in a civil suit. With workers’ comp, there is more certainty that you will receive benefits for your injury, than if you were to file a lawsuit and leave the decision up to a jury or a judge.

Missouri Workers’ Compensation

If you are injured in a farm accident in Missouri, contact a Missouri workers’ compensation attorney to discuss your case and determine what options you have. Your attorney can walk you through the process of properly filing a workers’ comp claim so that you can get the full benefits to which you are entitled, or if your injury is not covered under workers’ comp, they can guide you through the process of taking civil action.

The Lawyers at the Law Office of James M. Hoffmann have a strong history of helping injured Missouri workers get the medical attention and financial compensation they are entitled to. If you are injured and want to ensure that your rights are protected call us at (314) 361-4300 or complete our Online Case Evaluation Form.

Workers & Industry

photo credit: Lee Cannon

Tendonitis is an inflammation of a tendon. It may be covered under Workers’ Compensation.

Tendons connect muscle and bone together. They are thick pieces of tissue and can usually withstand a significant amount of tension and pressure. But when tendons become damaged, irritated, or inflamed, it can be very painful and can require medical treatment. Stressed or damaged tendons can lead to a variety of medical conditions that can make it very difficult for a person to perform work-related tasks. If you sustain an injury to a tendon while at work you should notify your employer as soon as possible and seek medical attention. Continuing to work will further stress the tendon and can cause the condition to worsen and become even more painful.

If a doctor diagnoses you with tendonitis (tendinitis) or another condition relating to tendon inflammation or damage, you can file a workers’ compensation claim to recover compensation for wage loss and medical expenses.

It is important to protect against conditions like tendonitis, tenosynovitis, and De Quervain’s Disease, which are all common conditions relating to tendon stress or damage, by implementing the necessary safety and precautionary systems at work. Individuals can do their best not to put undue stress on their joints and tendons by using safe lifting techniques and practicing proper posture, but employers should also be aware of the risks affecting workers and work to mitigate and manage these risks in order to minimize the possibility of employee injuries.

Tendonitis can be very painful and can have long-lasting effects. Treatment can include surgery, physical therapy, pain medication, and splinting, among other things. This can have a great affect on how an employee is able to perform his or her job, if he or she is able to continue working at all. It is very important that employers protect employees against these conditions that can be life-altering.

Tendon injuries are oftentimes the result of repetitive trauma or stress injuries. Repetitive stress injuries are injuries that build over time, rather than being caused by a single traumatic incident like a major fall or blow. Instead, employees who must repeat certain motions or movements as a part of their routine are at risk for developing injuries that build over time, increasing in severity as the movement and pain persists.

Who is at risk?

Tendon injuries commonly affect wrists, arms, fingers, and legs, but can include other parts of the body as well. Nurses and nursing home employees, assembly line workers, construction workers, and office and clerical workers, are at high risk of developing repetitive stress injuries because the tasks they are called on to do on a daily basis are conducive to cumulative trauma. Lifting, bending, keyboarding, and using vibrating tools, put workers at risk of developing these types of injuries.

Missouri Workers’ Compensation Attorney

In order to receive workers’ compensation benefits, an injured worker must prove that the injury was work-related. If an injury claim is denied or if you are unable to get the full benefits you deserve, you should contact a workers’ compensation attorney immediately. Proving that your repetitive trauma/tendon injury is caused by a work-related situation can be tricky, but not impossible. Having an experienced workers’ compensation attorney on your side can help you to quickly prove that your condition arose out of your job so that you can get your benefits as soon as possible.

Call the Law Office of Jame M. Hoffmann to schedule a private consultation.

Work Related Injuries

photo credit: susie.c

Workers compensation is in place to provide for workers who can no longer perform work related tasks due to a work related injury or illness.

Missouri businesses pay a 3% surcharge to the workers compensation insurance fund run by the Division of Workers which processes claims, awarding financial benefits to those deemed worthy under the law.

Individuals with a history of injury or illness can potentially be excluded from workers compensation due to a loophole under the law. In cases where the contributing factors of the injury were sustained while on the job, pre-existing conditions do not impact the workers compensation claim.

In one lardmark case, a long term employee of a trucking company was injured while on the job and the employer tried to reverse the court’s decision to award full benefits.

The man had worked for Werner Enterprises as a delivery driver for over 6 years when he sustained a head injury while on the job. While unloading a truck at Anheuser-Busch in St. Louis, a partially filled keg became loose, striking him in the head. He was taken to the hospital for treatment and was released. Over the course of months, he experienced knee and back pain due to the injury and had to undergo medical procedures during this time. He was unable to return to work due to his injuries.

The man took his claim to court in 2005, with the help of a Missouri workers compensation attorney who presented evidence showing that he was injured on the job and was unable to work due to the resulting medical condition.
The court ruled in the man’s favour in his 2005 claim for permanent total disability workers compensation benefits. The fight was not over, however, as Werner Enterprises appealed on the grounds that the man had previous injuries to his knees and back. Werner presented evidence showing that he had a prior injury which was only aggravated by the accident at work.

On appeal, the man again won the case due to his Missouri workers compensation lawyer being able to show conclusively that his injuries were exacerbated by the work related accident. The court upheld the previous decision to grant full benefits, including requiring Werner Enterprises to pay ongoing medical costs.

Lately, the Missouri court of appeals has been hearing an increasing number of cases involving plaintiffs who have been denied benefits due to “pre-existing conditions” as employers try to avoid paying hefty fees for medical and other coverage for employees injured on the job.

While companies may wish to avoid paying for workers who they believe have pre-existing injuries, the Missouri court system is upholding such rulings, finding that injury and illness caused or aggravated by work related stressors possess a valid claim for payment under the workers compensation laws. Workers injured on the job, even in cases where the injury serves to increase the severity of a condition, can often receive full benefits under the law.

Missouri Workers’ Compensation

If you have been involved in a work related accident it is important to contact a Missouri workers comp lawyer. It pays off to have a lawyer on your side. An experienced Missouri workers comp lawyer can assist you in navigating the legal system and help you to receive the compensation you are entitled to.

Contact the Law Office of James M. Hoffmann

Call (314) 361-4300 to schedule a free consultation.

 

 

photo credit: mikebaird

Bursitis may be covered under Workers’ Compensation.

Bursitis is a painful condition that develops when the bursa, a lubricating sac located between joints, tendons, muscles, and even skin, becomes inflamed. When the bursa becomes inflamed or irritated, it can cause swelling and pain in the area. The bursal sac reduces friction by lubricating areas between joints, muscles, and tendons. As you can imagine, when the sac is inflamed, this can be very painful.

Causes of Bursitis

Bursitis can come about in a number of ways. A person can develop bursitis as the result of an injury or trauma that happens suddenly, a minor impact, or repetitive motions. As is the case with many conditions, age can play a factor in developing bursitis. As a person ages, bones and tendons age as well, becoming less resilient, making them more susceptible to tears and injuries.

One of the most common ways that bursitis develops is overuse. Overuse can happen at home or at work. Activities like carpentry, shoveling, gardening, painting, and hobbies like tennis, golf, skiing, throwing, etc., are all associated with an increased risk of developing bursitis. At work, repetitive motions and incorrect posture can increase the risk of workers developing conditions like bursitis.

Bursitis Treatment

Treatment for bursitis can include rest, anti-inflammatory pain medication, steroid injections, physical therapy, splinting, and applications of heat and cold. It is important to seek treatment as soon as possible. You should not ignore the condition and continue working because you can seriously worsen the condition by continuing to stress the injured area.

Workers’ Compensation for Bursitis

The workers’ compensation system is supposed to provide benefits for injured workers and protect employers from being taken to civil court. An injured worker is entitled to medical care that is paid for by workers’ comp, and lost wages. Even after an employee is able to return to work, ongoing medical treatment should still be covered under workers’ comp. However, workers’ comp insurance does not provide benefits relating to pain and suffering.

In order to make a successful claim and receive full workers’ compensation benefits, you must prove that the injury occurred on the job, or that the injury arose from the conditions of your job. This includes traumatic accidents and injuries that develop over time. Regardless of whose fault the injury is, you should be covered.

Not all workers’ compensation claims are dramatic and result from a single, major traumatic accident. Repetitive injuries can be just as severe and just as painful, requiring time and rest to heal from. It is important in these instances to get workers’ compensation benefits so that you can receive the proper medical treatment and are allowed sufficient time to rest and recover so you can return to work.

St. Louis Workers’ Compensation Attorneys

In some cases, consulting with an experienced workers’ compensation attorney may be a good option. If you have a pre-existing condition or if your employer’s insurance company thinks they can blame your bursitis on age, getting the compensation you deserve can be difficult. But age and a preexisting condition does not disqualify you from receiving workers’ compensation benefits. Discussing your case with a workers’ compensation attorney in your area can help you to develop an effective plan that will maximize your chances of getting the full benefits to which you are entitled.

At the Law Office of James M. Hoffmann we have a proven track record of assisting injured Missouri workers receive the compensation they are entitled to.

Any injury can be stressful and expensive to treat, and can take you away from your job for long periods of time. Getting medical care as soon as possible will hopefully help you to heal quickly and get back to work as soon as possible.

Fill out our online contact form or call us at (314) 361-4300 to schedule your free consultation.

Work Related Injuries

photo credit: WarmSleepy via Flickr