Workers Compensation Lawyer Blog

Workers compensation insurance is meant to protect both the employer and the employee. 

What is Workers Compensation?

Workers compensation is a state mandated insurance system that is meant to protect workers who are injured on the job. When you are injured at work, workers compensation insurance kicks in, oftentimes providing compensation for your medical expenses, lost income, and other costs associated with your injury.

Some things you should know about workers compensation insurance:

Each state has a different workers compensation system and sets its own workers compensation regulations regarding filing deadlines and the rules regarding benefits that employers must provide to injured workers. This means that in the event of an injury, you should reference the laws in your state and find a workers compensation attorney who can advise you regarding your case. The U.S. Department of Labor website can provide links to your state’s workers compensation site. Most states also make it illegal for employers to retaliate against workers who file injury compensation claims, but if you feel like this has happened to you, you should immediately contact a workers compensation attorney in order to protect your rights.

Liability

You should be entitled to workers compensation benefits regardless of who is at fault for your workplace injury. Workers compensation insurance is meant to protect both the employer and the employee. Payments for injured workers help to alleviate the financial stresses that accompany workplace injuries, and employers are protected because receiving workers compensation benefits preclude employees from suing their employers.

However, there may be regulations that stipulate benefits will not be paid if the injury is self-inflicted or fraudulent. If the employee was inebriated or under the influence at the time of the injury, was in violation of either company policy or the law, or if the employee was not actually at work when the injury took place, benefits can be denied.

Workers Comp Benefits:

When you are injured at work you can receive benefits for medical treatment, any wages that are lost when you cannot immediately return to work, compensatory benefits for permanent injuries, future losses in income, survivor benefits to family members of employees who are killed on the job, or costs associated with retraining if you are unable to return to your previous job.

Missouri Workers Compensation Attorneys

Contact James M. Hoffmann if you have suffered a work related injury. Our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need. Contact our St. Louis, Missouri workers compensation law firm to ensure that your rights are protected. Please call (314) 361-4300 or toll free at (888) 872-6795. You can also complete our Online Case Evaluation Form.

Missouri Workers Compensation

photo credit: USACE HQ

Because neck injuries are oftentimes difficult to pinpoint and even to diagnose, insurance companies will often dispute them. 

Neck injuries at work are fairly common. They can range in severity from a minor strain or sprain to serious injury to the cervical spine. More severe injuries can leave an individual permanently disabled or unable to return to a previous job. This can have an impact on earning potential over the course of a lifetime. Neck injuries that cause chronic pain can affect every aspect of someone’s life, and require ongoing medical treatment. The costs associated with a workplace injury like this can add up quickly.

Whether your injury is severe enough to be disabling or is just temporarily painful and causes you to lose several days of work, you should be entitled to workers’ compensation. However, due to the nature of neck injuries, they can be difficult to prove they happened at your place of employment.

Medical Treatment for Neck Injuries

Neck injuries can necessitate diagnostic tests like x-rays, require surgery, mean ongoing visits to the doctor, call for months of physical therapy, and require treatments and medication for chronic pain. Surgeries for neck injuries may include laminectomy, fusion, and discectomy.

Because neck injuries are oftentimes difficult to pinpoint and even to diagnose, insurance companies will often dispute them. With any potentially serious injury, insurance companies recognize the inherent cost, and will sometimes choose to fight the claim. Insurance companies will commonly encourage diagnoses that blame the injury or complaint on the natural aging process or herniated discs, slipped discs, pinched nerves, disc protrusions, radiculopathies. These are common diagnoses that should cause you to consider pursuing a second opinion from another doctor. Make sure to notify your doctor as new symptoms arise.

Arthritis is another diagnosis that will get insurance companies off the hook. Arthritis is an extremely common diagnosis and is common in most aging adults. Even the presence of arthritis does not preclude another injury diagnosis, however. Insurance companies will use preexisting arthritis to try to deny your claim. If your employer requires that you see a designated doctor and you get a diagnosis that could make your claim more difficult, get another opinion.

Preexisting conditions do not automatically disqualify you from receiving workers compensation benefits. You should discuss your preexisting condition and your current diagnosis with your attorney and your doctor.

Missouri Workers Compensation Lawyers

Please call us today at (314) 361-4300 or fill out our online contact form for a free and private consultation.

photo credit: ToastyKen

Knee injuries are commonly disputed by employer’s insurance companies. 

Workers compensation law differs from state to state. This means that when you are injured on the job, it is important that you contact a workers compensation attorney who specializes in workers compensation law in your state. When dealing with an injury that is potentially expensive and that insurance companies will commonly dispute, having an attorney on your side, advocating for you, can make all the difference in achieving a successful result. Knee injuries are commonly disputed by employer’s insurance companies because knee injuries can cost them a significant amount of money. You have to prove that your injury happened on the job, and that is not simply the result of the aging process or a preexisting condition.

Causes of Knee Injuries

Common causes of knee injuries include lifting, kneeling, squatting, or pivoting. These motions can contribute to sudden pain and an injury. You should be aware of symptoms like pain, swelling, tenderness, and stiffness.

Notify Your Employer

After you notify your employer of your injury, and file an accident report, you should seek medical treatment for your injury. You may have to wait to get clearance from the insurance carrier and you may be required to see a designated physician. Once a certain amount of time passes, however, you should be able to see a doctor of your choice and get a second opinion.

Seek Medical Attention

Many individuals who file workers comp claims seek second opinions from doctors they trust because it is fairly common for insurance companies to pursue diagnoses of arthritis or preexisting conditions. These diagnoses will mean they are not responsible for paying for your injury. If they can maintain that your injury is not the result of a workplace incident, they are not required to pay.

Even if you had arthritis prior to your knee injury, that should not disqualify you from receiving benefits. If you were able to work before the injury, and are unable to work following the injury, this indicates that a change in your condition occurred which was precipitated by your work.

Missouri Workers Compensation Attorneys

Finding a workers compensation attorney after experiencing a work related injury should be one of your top priorities. When a workers comp claim is disputed by an employer’s insurance carrier, the claim can drag on and on. Workers who are injured on the job should be able to seek prompt medical treatment and have the assurance that that care will be paid for by the insurance company. The added burden of worrying about lost wages, the cost of medical care, and the significant impact of time you spend out of work, should not be added to your list of concerns. Discussing your case with an experienced workers compensation attorney who understands the changing workers compensation laws in your state, and who has had success dealing with insurance companies and settling workers compensation cases, will put your mind at ease.

Our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need. Please call (314) 361-4300 or toll free at (888) 872-6795. You can also complete our Online Case Evaluation Form.

 

photo credit: iwona_kellie

Back injuries should be treated as soon as possible so that they do not worsen over time. 

Back injuries at work are very common, and preventing them has become a major concern for employers. The Bureau of Labor Statistics reports that more than one million individuals suffer from back injuries annually. One in five workplace injuries is an injury to the back. Back injuries cost billions of dollars in workers compensation claims.

Back injuries can be serious, and in addition to needing expensive and ongoing medical treatment, back injuries can affect one’s ability to perform normal work-related tasks. It is very important that individuals who have injured their backs be able to rest and allow their bodies to repair, since back injuries can worsen with time, and serious injuries can be debilitating and require surgery. Sprains or strains may just need several days to heal, more serious injuries, however, can require extensive medical treatment.

Lifting is one of the leading cause of back injuries, and studies have shown that nearly one third of workplace back injuries could have been prevented. Employers should be responsible for making sure employees are trained properly, are following standards of safety, and should be eliminating or reducing risk factors whenever possible. Even jobs with higher risk for incidence of back injury, like construction jobs, should follow guidelines for reducing risk and keeping employees as safe as possible.

Back Injury Medical Treatment

If you experience a back injury at work you should immediately notify your employer and then seek medical treatment. Back injuries should be treated as soon as possible so that they do not worsen over time. Many employees hope the injury will improve with time and continue to perform duties at work and avoid seeing a medical professional. This is inadvisable and could increase the severity of the injury.

It is important that your doctor take the time to properly diagnose your condition and that each step of the treatment process is documented.

Serious back injuries such as spinal injuries can be devastating and can affect the rest of your life. These ongoing injuries can require surgery, rehabilitation, and can mean you are unable to return to your former position, which would require new job placement and subsequent vocational training.

Contact a Workers Compensation Attorney

It is important that you contact a workers compensation attorney who can help to protect your rights and to make sure that you get the compensation you deserve for your workplace back injury. It is no surprise that employers and their insurance companies can try to get out of covering back injuries because treatment can be ongoing and expensive. But you may be entitled to wage loss and compensation for your medical treatment.

Contact James M. Hoffmann for a free consultation. Our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need. Contact our St. Louis, Missouri workers compensation law firm to ensure that your rights are protected. Please call (314) 361-4300 or complete our Online Case Evaluation Form.

 

photo credit: Simon Davison

Electrocution accidents can be devastating. 

Many electrocution accidents occur in the workplace and account for approximately 1,000 deaths in the U.S. every year.  Power lines, faulty wiring, and appliances that malfunction are at the top of the list for causes, and construction workers, engineers, utility employees, and electricians are at the most risk at work for electrocution accidents.  Companies that employ any workers whose jobs put them at risk, must provide the proper training, require protective gear, and have safety procedures and regulations in place in order to keep employees safe.  A workplace electrical accident can be especially complicated to pursue legally because it involves workers’ compensation, liability, insurance, safety regulations, and sometimes statutes of limitation are a factor.  In some cases, classroom training needs to take place to ensure worker safety, and there should be written manuals that clarify safety procedures. Having an experienced attorney who understands the intricacies of these cases can give you peace of mind in knowing that your case is being handled and that you will receive the very best settlement possible.

The Devastating Impact of Electrocution Accidents

Electrocution accidents can be devastating.  They can cause burns, nerve damage, seizures, internal organ damage, and possibly death. Whether your accident resulted in minor injuries or severe injuries, discussing the accident and surrounding circumstances with an electrocution attorney is crucial.  Because these accidents can change your life forever, finding a capable attorney who can help you get the compensation you deserve in order to move on with your life is very important.

photo credit: Oswaldo Rubio