Workers Compensation Lawyer Blog

Are Traffic Accidents Covered Under Workers Comp?

May 7, 2013 By James Hoffmann 1 Comment

The law is not always clear regarding whether car accidents are covered under workers comp.

Employees are entitled to workers compensation benefits when they sustain an injury that is the direct result of their employment. Every state has laws regulating workers compensation insurance that are different but most require that employers have worker’s comp coverage. This coverage protects employers from civil action taken against them by injured employees, and employees receive compensation for medical expenses and lost wages related to the injury.

The law is not always clear regarding whether car accidents are covered under workers comp, however. Work-related car accidents are covered, while non work-related accidents are not, but there can be a gray area when determining if an accident is work-related or not. If you drive a company car and your job requires you to be on the road, any injuries you incur in an accident will be work related and therefore will be covered. But if not, your commute is not covered under workers’ comp, so if you get in an accident driving to work or heading home after work, you will not be covered. This is referred to as the coming and going rule.

Because the hazards of the commute are common to the general public and unrelated to work, if you are involved in a traffic accident during your commute, any injuries you sustain are not compensable. You would have to file a personal injury lawsuit against the other driver to recover damages. But discussing your situation with an attorney would be the best course of action.

When driving is part of your job you should always exercise extra caution when driving. Traffic accident risks vary depending on the type of vehicle. The frequency of nonfatal injuries for passenger is higher for passenger vehicles. Motor vehicle accidents usually involve more severe injuries.

Distracted driving and rushing or feeling pressured to get somewhere more quickly can be the cause of many accidents. Employers who discourage distracted driving and rushing can have a major impact. Many accidents are related to speeding, distraction, fatigue, and impairment.

Workers comp does not cover property damage so you may want to discuss your case with a car accident attorney as well. In addition to receiving workers comp benefits you may be able to file a lawsuit against the other driver. This will depend on what vehicle you were driving at the time of the accident.

Ask A Workers Compensation Lawyer

There are sometimes exceptions to any rule, so if you have questions and feel like your situation should be covered, contact the Law Office of James M. Hoffmann. We make recovering benefits for you our priority. Call us today at (314) 361-4300 or fill out our online contact form to request a free and private consultation.

Workplace Injury and Accident Causes

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Injured Working On A Construction Site

May 6, 2013 By James Hoffmann 1 Comment

Workers’ compensation laws describe the benefits that injured employees are entitled to, like lost wages and medical expenses.

Construction work is one of the most dangerous professions. Every year thousands of construction workers suffer injuries or death while working on construction sites. While it is an inherently dangerous job, injuries can be caused by employer’s negligence. Even in dangerous professions, employers are responsible for ensuring the safety of workers and managing the dangers and risks of the job.

If you are working at a construction site and become injured, you can file a claim for workers’ compensation benefits. Your legal rights for recourse are limited by workers’ compensation, but if you have questions about your rights and the accident, you should consult with a workers’ compensation attorney. Your lawyer can help to determine whether or not there are third parties who can also be held liable for the accident. These third parties could be property owners, contractors, equipment manufacturers, etc. If another party is liable, you may be able to recover damages from them as well and that will not be limited by the workers’ compensation laws.

Some common injuries that occur on construction sites include:

Slip and fall accidents
Accidents caused by defective machinery
Falling objects
Electrocution
Exposure to toxic chemicals
Accidents involving heavy equipment
Safety device failures
Accidents due to inadequate training
Ladder and scaffold accidents

Workers’ compensation laws describe the benefits that injured employees are entitled to, like lost wages and medical expenses. Most states require that employers have workers’ compensation insurance coverage. It is important to note that filing a workers’ compensation claim is not a lawsuit against an employer, rather it is similar to filing any other insurance claim, requesting benefits.

Injured employees, under the law in most states, and depending on the situation and severity of the injuries, are entitled to medical care, temporary disability, permanent disability, and vocational rehabilitation.

Workers who are injured on the job have the right to receive medical care and have all medical expenses related to the accident and injury paid for. This should include all medical bills, prescription medications, and even round trip mileage to the hospital.

In the first 30 days following the accident, you may initially be required to see a doctor designated by your employer or their insurance company. After 30 you should be able to submit a written request to see your own doctor.

Temporary disability benefits are benefits for those who are unable to return to work for a while due to their workplace injury for medical reasons. Workers who are temporarily disabled may be entitled to temporary disability payments, which provide partial compensation for the wages that you lose during the period where you are unable to work. Usually the temporary disability payments you receive amount to about two-thirds of your normal weekly wages, but this can differ. You will need to have a doctor verify your inability to return to work.

Permanent disability is when a worker is unable to fully recover from a construction injury and is no longer able to “compete in an open labor market of uninjured workers”. In this case workers may be entitled to a monetary award. Taken into account are age, occupation, skill, and earnings at the time of the injury.

Some workers may be entitled to vocational rehabilitation as well. If a workplace injury leaves you unable to return to your previous job, you might be entitled to assistance with retraining and finding another job. Sometimes this can be covered under workers’ compensation, depending on the circumstances.

If you are injured while working on a construction site you should follow these steps:

Report your injury in writing to your employer right away.
Submit a claim form. This is an important part of the process. You should immediately be offered a claim form. Without a completed claim form your employer does not have to provide benefits. So to get the ball rolling, make sure to fill this out right away and then keep a copy of the form. Do not delay in reporting and filing a claim. Failing to report your injury immediately can hurt your claim.
If your claim is disputed or if problems arise, you should contact a workers’ compensation lawyer for advice regarding your claim. Workers’ compensation laws vary greatly from state to state and it can be a great benefit to have someone working for you who understands the laws in your area.

Have you been injured in an accident?
Call (314) 361-4300.
Free Missouri Workers Compensation Consultation!

Workplace Injury and Accident Causes

Harsher Punishments For Texting and Driving

May 2, 2013 By James Hoffmann Leave a Comment

Using a cellphone while in the car is one of the leading causes for distracted driving accidents.

Distracted driving is one of the leading causes of accidents, and cracking down on distracted driving has become a priority in many states. Currently in Virginia harsher punishments are being enacted for the offense of texting while driving. Texting while driving is extremely dangerous, and provides a substantial distraction for drivers, and has has been proved time and time again to end in disaster.

Previously in Virginia, texting while driving was a secondary offense. Getting caught texting and driving would result in a fine of $20. But a new law making texting while driving a primary offense passed the senate with a vote of 24-15 and the House with a vote of 92-4. Now if you are pulled over for texting and driving the penalties are much greater – $250 for a first time offender and if you are caught a second time, the fine doubles to $500.

Recognizing the dangers of texting and driving is important. Taking the right steps to put a stop to dangerous behaviors that can and do potentially result in very serious consequences is crucial in teaching people to be safe drivers and to drive with care and caution. In 2010, the National Highway Traffic Safety Administration reported that over 3,000 individuals were killed in distracted driving incidents.

Using a cellphone while in the car is one of the leading causes for distracted driving accidents. The Virginia Tech Transportation Institute did a study showing that each time a person glances down to read a text message, their eyes leave the road for about 4.6 seconds. When driving at a speed of 55 MPH this is the equivalent of traveling the length of a football field without looking at the road. In those few seconds, with that much speed, the potential for serious damage if something happens is immense. A crash could easily be fatal for all those involved. Hopefully, the new laws will make people more concerned with their own behavior and more aware of their habits regarding distracted driving.

The numbers of distracted drivers are high, but enacting bigger fines and harsher punishments will hopefully help to bring these numbers down, diminishing the number of distracted driving accidents and deaths as well. Many states already have similar laws regarding texting and have gotten positive results.

St. Louis Car Accident Lawyer

Distracted driving can be as dangerous as driving under the influence of alcohol, drugs, or driving while fatigued. If you or a loved one has been in an accident that was caused by another driver’s negligence, or distraction, contact a car accident attorney right away. Injury or death caused by a distracted driver is tragic and unacceptable. A car accident lawyer can help you to get the compensation that can help to cope with the loss or recovery from injuries.

Schedule a free and private consultation by calling (314) 361-4300 or by filling out our free online consultation form.

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What To Do If You Are Exposed To Toxic Chemicals

April 30, 2013 By James Hoffmann Leave a Comment

If you have experienced health consequences as the result of chemical exposure, contact a personal injury attorney.

Chemical exposure is ingesting, touching, or breathing in any kind of toxic chemicals. People who are exposed to toxic chemicals can experience varying degrees of effects, depending on the chemicals. Minor reactions like skin rashes, burning sensation in the eyes, nose, or throat, or chest can occur. Major reactions might be being unable to breathe, fainting, coughing, convulsions, and even possibly death. Some chemicals cause temporary blindness and others can cause permanent blindness.

Toxic chemicals have become a part of industrialized society. Chemical exposure can happen at work or even at home. People are most at risk for toxic chemical exposure if they either live near or work at a facility or mine that uses large amounts of chemicals. Chemical exposure can also happen over time as the result of contact with a defective product. The consequences of long term exposure can be very serious. Some chemicals like asbestos, benzene, and vinyl chloride can cause cancer and can be fatal. Chemical exposure should be addressed legally in order to protect others from the harmful consequences of the chemicals in the future.

Types of Chemical Exposure and Health Concerns

Mesothelioma
Silicosis
Exposure to welding rod fumes
Asbestos exposure
PCB exposure
Chemical burns
Radiation exposure
Refinery accidents
Benzene exposure

Types of Toxic Chemical Exposure Lawsuits

If you have experienced health consequences as the result of chemical exposure, contact a personal injury attorney. If the exposure happened at work, you may have to file a workers’ compensation claim instead of a personal injury lawsuit. If you are unable to return to your job you should be able to receive compensation for wage loss, medical expenses, and any disability that occurs as the result of the exposure. If a loved one or family member has died as the result of chemical exposure, the claim becomes a wrongful death suit.

You should contact a personal injury attorney to discuss your options if you have been exposed to toxic chemicals. People who are exposed to toxic chemicals and now have medical issues, should contact a personal injury attorney right away. The type of lawsuit you will file depends on the type of exposure and where and how the exposure took place.

Law Office of James M. Hoffmann

If you or a loved one feel that you have a personal injury case, contact the Law Office of James M. Hoffmann. Our office is located in St. Louis, MO but we handle personal injury cases throughout the entire state of Missouri. We are committed to providing justice to injured victims and their families. Schedule a free and private consultation by calling (314) 606-5870 or by filling out our free online consultation form.

Workplace Injury and Accident Causes

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Is A Heart Attack Or Stroke Covered Under Workers Comp?

April 29, 2013 By James Hoffmann 1 Comment

Workers compensation benefits are commonly awarded for work-related injury, illness and death.

Workers compensation benefits are meant to provide financial compensation and medical expenses for injuries sustained at work or as the result of their work. Whether or not a heart attack or stroke that occurs at work will be covered under workers compensation is a bit of a gray area. First of all, the incident must be related to the work that you do or the working conditions, like heat, physical exertion, or stress. If the medical evidence supports this, you could have a successful claim. This could be true even if the heart attack or stroke occurred at your home.

If you file a claim for workers compensation for heart attack or stroke, your employer’s insurance company will look closely at your medical records. They will assume you are predisposed to a heart attack/stroke if they find that you have or have had high blood pressure, are overweight, or have high cholesterol.

The burden of proof will be on you and your attorney to show that your injury is caused by conditions related to your work. These cases can be very complicated and you should seek the expert advice of a workers compensation attorney. It will be the job of your expert workers compensation attorney to prove that your condition was caused by your job or working conditions, so they will need to obtain evidence to support this.

A doctor’s medical opinion of what precipitated your injury can be invaluable. Discuss the option of getting a second opinion with your workers compensation attorney if the opinion of the doctor your employer requires you to see does not support your case.

To make the chances of success more likely, report your condition to your employer as soon as possible and begin the process of filling out the necessary paperwork. In most cases you only have 30 days to report the injury to your employer before you could lose out on receiving benefits.

It is important that you find an experienced workers compensation attorney to evaluate your case because workers comp laws differ from state to state. You will need to find out what requirements need to be met in your area and what benefits you are entitled to. Your attorney will evaluate your case, take a look at your medical history, investigate your working conditions. Extreme pressure at work and the stress it causes can actually put you at an increased risk of heart attack. Research has indicated that people who work at jobs that put them under a lot of stress are five times more likely to experience a heart attack.

Have you been injured in an accident?
Call (314) 361-4300.
Free Missouri Workers Compensation Consultation!

Work Related Injuries

Car Accident Statistics

April 26, 2013 By James Hoffmann 1 Comment

Finding an experienced attorney will protect you and your family, your finances and property.

Every driver should be aware of car accident statistics. Sharing the road is a dangerous experience and accidents happen frequently. Many people do not realize just how prevalent car accidents are. Being aware of the statistics can make you a better driver, more aware of common mistakes that other drivers make.

Every year the number of vehicles on the road increases, making the roads more congested and the possibility of accidents greater. Each car on the road can be unpredictable. Many accidents are caused by distracted drivers, negligent drivers, intoxicated drivers, or other circumstances that are beyond your control. While you can follow the rules of the road and drive carefully, defensively, and with awareness of your surroundings, accidents are not always avoidable. Every year there are approximately 6 million car accidents in the United States. Drivers’ ages, the location of the accident, deaths, injuries, whether there was reckless or distracted driving, and many other elements need to be taken into consideration when accidents are evaluated.

Distracted driving due to texting has become so common that many states have passed legislation banning texting while driving.

Some statistics that are worth looking at:

An average of 6 million car accidents happen annually
3 million people are injured every year in car accidents
Approximately 2 million people suffer permanent injuries each year resulting from car accidents
40,000 people die each year from driving accidents
40% of car accident fatalities involve alcohol
30% of auto accident fatalities are caused by speeding
About 33% of deaths caused by major car accidents can be attributed to reckless driving

These statistics show that there are certain behaviors that should obviously be avoided in order to decrease the likelihood of getting in an accident. Accidents are almost always unexpected and drivers should have a plan.

Because the aftermath of a car accident often involves financial struggles and physical injuries, it is important to contact an auto accident attorney as soon as possible following an accident. Maximizing damages is important and protecting your case right from the start is also important. Getting a police report, documenting physical injuries and vehicle damage, and making sure to write down any information or details you remember about the accident, can be crucial to your case.

If you have experienced a car accident, especially if the other driver is at fault, contact an auto accident attorney right away. An experienced auto accident attorney can help to alleviate the stress you feel and allow you to focus on your family and recovering from emotional or physical injuries and moving forward with your life.

Over a period of 5 years, 25% of drivers can expect to be in a car accident, large or small. Avoid accidents by driving safely, practicing defensive driving techniques, never driving while intoxicated, fatigued, or while distracted, but be prepared in case you ever are involved in an accident. Know that you should call the police and file a police report, talk to witnesses and get their contact information, make note of details about the accident, and contact an auto accident attorney as soon as possible. Finding an experienced attorney will protect you and your family, your finances and property.

Contact St. Louis Car Accident Lawyers

If you or a loved one has been the victim of a car accident due to the recklessness or carelessness of another, contact the Law Office of James M. Hoffmann. Schedule a free and private consultation by calling (314) 361-4300 or by filling out our free online consultation form.

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Workers Compensation Lawyer Blog

Ask A Workers Compensation Lawyer

Workplace Injury and Accident Causes

Some common injuries that occur on construction sites include:

Have you been injured in an accident?Call (314) 361-4300.Free Missouri Workers Compensation Consultation!

Workplace Injury and Accident Causes

Using a cellphone while in the car is one of the leading causes for distracted driving accidents.

St. Louis Car Accident Lawyer

Types of Chemical Exposure and Health Concerns

Types of Toxic Chemical Exposure Lawsuits

Law Office of James M. Hoffmann

Workplace Injury and Accident Causes

Workers compensation benefits are commonly awarded for work-related injury, illness and death.

Have you been injured in an accident?Call (314) 361-4300.Free Missouri Workers Compensation Consultation!

Work Related Injuries

Contact St. Louis Car Accident Lawyers

Have you been injured in an accident?
Call (314) 361-4300.
Free Missouri Workers Compensation Consultation!

Have you been injured in an accident?
Call (314) 361-4300.
Free Missouri Workers Compensation Consultation!