Workers Compensation Lawyer Blog

You should be receiving treatment for ALL of your injuries, not just the ones the insurance company wants to accept.

Shoulder injuries are a common occupational hazard. Although OSHA has established a set of safety guidelines for workers to follow, accidents can and do happen. It is also the nature of the job that can cause shoulder injuries, despite the safety precautions that are taken. Employees that work long hours with repetitive arm movements or in dangerous conditions, can sustain shoulder injuries and this may place the responsibility on the employer.

Types of Shoulder Injuries

Rotator Cuff Tears
The rotator cuff is a group of muscles and tendons that act to stabilize the shoulder. It helps to lift and rotate the arm and to stabilize the shoulder within the joint. A rotator cuff tear is a common shoulder injury in the workplace and can cause a lot of pain and disability. A torn rotator cuff will weaken your shoulder, which can make doing daily activities difficult.

Impingement
This is one of the most common causes of shoulder pain for workers that use their hands above shoulder level to perform their job duties. It occurs when the tendons of the rotator cuff muscles become irritated and inflamed as they pass through the subacromial space. This can result in a lot of pain and even result in the loss of arm movement at the shoulder.

Shoulder Fractures and Trauma
There are 3 bones in the shoulder: the scapula, the clavicle and the humerus. There are 3 joints in the shoulder: the glenohumeral joint, the acromioclavicular joint and the sternoclavicular joint. Common injuries to these areas are fractures, dislocations and soft-tissue injuries. Falling in the work place is a common way to fracture or dislocate ones shoulder.

What Should You Do if you Injure Your Shoulder at Work?

If you sustain a shoulder injury due to an accident the first thing you should do is report the injury to your employer. It may be best to report it in writing in addition to reporting it verbally. Give them details on how and when the injury occurred.

The second thing you should do is get medical care immediately from an employer authorized provider. Keep your employer informed of the diagnosis and treatment. However, make certain you have a good doctor working for your interests, not trying to make the insurance company happy so that they can maintain a good relationship with the carrier.

It is important to know that Missouri Workers Compensation enables an injured worker to receive medical benefits as well as income benefits. You should be receiving treatment for ALL of your injuries, not just the ones the insurance company wants to accept.

Take Immediate Action!

Insurance companies will often deny benefits. They dispute shoulder injuries by blaming your problems on arthritis or that the injury did not result from a work related incident. If your shoulder injury is being disputed, it is important to speak to a Missouri Workers Compensation Lawyer immediately.

Call the Law Office of James M. Hoffmann at (314) 361-4300.

For more than 20 years James Hoffmann has represented clients throughout the State of Missouri. If you were injured at work, it is important to speak to a workers compensation lawyer about your legal rights and options. Complete our online case evaluation form to request a free consultation.

Work Related Injuries

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Workers Compensation Laws are there to protect individuals who sustain work related injuries. The laws are different depending on which state a person works in. Depending on the details of your case, in Missouri, some of the benefits may include:

• Payment of full medical expenses

• Temporary disability

• Permanent disability

• Compensation for loss of earning capacity

However, many people who sustain injuries on the job wonder what steps they should take. For instance, what if you experience a back injury while working? What is the best course of action to take to make sure you receive the workers compensation benefits you are entitled to?

Work Related Back Injury

According to the U.S. Department of Labor, back injuries at work are the nation’s number one workplace safety problem. Although OSHA has helped employers and employees reduce back injuries, no approach to this issue has totally eliminated the risks. Many workers injure their back because their job requires lifting. Factors such as a person’s age, body size, state of health and overall physical fitness have a lot to do with whether or not they get injured.

These factors may also determine the severity of the injury. Some people have suffered herniated or ruptured disks, fractures to the vertebrae, nerve impingement, strains or sprains and many other types of back injuries.

If you have sustained a back injury while at work and your employer is responsible for your injury, you may be entitled to workers compensation benefits. If there is an additional negligent party such as a negligent co-worker, you may be able to receive additional compensation.

You should follow these important steps if you experience a work-related back injury:

• Report your injury to your employer

• Seek medical treatment

• Speak to a workers compensation lawyer

Contact a Missouri Workers Compensation Attorney

For more than 20 years the Law Office of James M. Hoffmann has been representing clients who have suffered all types of work-related injuries. We have a strong history of helping injured workers get the medical attention and financial compensation that they need. We are located in St. Louis, but handle workers compensation cases throughout the entire state of Missouri. Call us today at (314) 361-4300. You can also complete our Online Case Evaluation Form. All communications are returned promptly.

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The Texas Supreme Court Eliminates Workers Rights To File Bad Faith Claim Suits

A Houston attorney, Michael Doyle has been fighting for the Texas Supreme Court to revisit one decision that has serious negative implications for employees who need the option of suing workers’ compensation insurance companies that act in bad faith.  When an insurance provider appealed a bad faith case to the Texas Supreme Court in June, the ultimate verdict was in its favor, which would mean future immunity for insurance companies in similar cases in the future. The Court may have already ruled against Doyle’s client, Timothy Ruttiger of Galveston, in June, but Doyle is hoping to try once again and this time get a better outcome.

One Workers Compensation Insurance Case

When an insurance company is said to have acted in bad faith, legally this refers to malicious refusal to perform a duty.  In Ruttiger’s case it meant that the insurance company that insured his employer, Texas Mutual Insurance of Austin, canceled the surgery he was set to undergo the next day.  When Ruttiger fell while carrying equipment in 2004 while on the job, he suffered a hernia as a result of the fall and necessary surgery was the only option to repair the condition.  The day before his surgery, however, the insurance company canceled the procedure without clear reason.  But when he inquired as to why, Ruttiger was accused of fraud and was informed that a preexisting injury from softball was probably the original source of his condition, not a work related injury. Because Ruttiger has never played softball, he and his lawyer are making the claim that the insurers were acting in bad faith by dismissing his medical claim and refusing to pay for his surgery.

Ruttiger was unable to financially subsist without settling the case but Doyle, one of the few attorneys who consider bad faith cases, still filed a claim on his behalf.  Damages they sought included the mental trauma Ruttiger suffered as a result of delayed treatment, as well as the escalation of his medical condition, and the negative impact on his credit.

Receiving proper medical treatment is crucial in order to get healthy and return to work.  Doyle wants to make sure his clients get access to the treatment they need in order to continue on with their lives, and not suffer additional harm and loss of income as the result of work related injuries.  When insurers act in bad faith, workers have few options, and eliminating this option means tying their hands even further, leaving workers with no recourse.

Implications For The Future

At first, a Houston jury decided in favor of Ruttiger and awarded him $173,000, which would have included attorney’s fees and interest, but the insurance company appealed twice.  The first time it lost and the second time the original jury’s decision was reversed by the Texas Supreme Court.  The justices even went so far as to remove the Texas provision that allowed for workers’ recourse of claiming bad faith on the part of the insurers.  They stated that the provision was unintentionally left in when the law was rewritten in 2001.

Workers’ compensation cases like Ruttigers show the importance of having an attorney who is willing to go all the way for a case. It may not have ultimately paid off yet, but workers compensation attorneys like Doyle will keep fighting when they know they are on the side of right.

Workers compensation insurers like Texas Mutual are pleased with the decision, but the effect on workers could be less fortunate if the Court does not reconsider.  When employees like Ruttiger find themselves in a tight spot made even tighter by insurance companies that refuse to pay, having a workers’ comp attorney like Doyle can make all of the difference.

Missouri Workers Compensation Attorney

You should be receiving treatment for ALL your injuries, not just the ones the insurance company wants to accept. Do not let the carrier deny you benefits. James M. Hoffmann works with employees from a wide range of industries to pursue the right benefits or to appeal a denial of your injury claim.

If you have been injured at work, contact the Law Office of James M. Hoffmann for a free and private consultation. Based in St. Louis, and handling workers compensation and personal injury cases throughout the State of Missouri, our law firm will ensure that your rights are protected. Call (314) 361-4300 or complete our Online Case Evaluation Form.

All communications are returned promptly.

Workers Compensation Claim

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