Workers Compensation Lawyer Blog

What To Do After a Missouri Car Accident

July 16, 2013 By James Hoffmann Leave a Comment

Car accidents are stressful and can be very traumatic.

If you are involved in a Missouri car accident, your top priority will be to make sure you and your family are safe. Missouri laws have a set of guidelines that should be followed by anyone involved in an automobile accident. Failure to do so may be a violation of state law, so every driver should be aware of this protocol. In the event of an accident, follow these procedures.

Make sure you are safe. If you are involved in a Missouri car accident, first make sure you and your family are safe. Do you smell smoke? Are you on a highway lane at night? Do you smell gasoline from your car or other cars? If necessary, get your family away from further harm. Call 911.

Take pictures of the accident scene. If able, you, a passenger, or even a witness, should take pictures, both close up and far away, of all vehicles involved in the accident. Far away pictures will give a better perspective of where things happened in relation to center lines, intersections, and other surroundings. It is also beneficial to get pictures of details like skid marks and debris in the road. If you are seriously injured and unable to move, ask a police officer or anyone nearby to take pictures. Worst case scenario have someone take pictures the next day.

You are not a doctor. Get medical attention if you have pain. If a police officer asks if you are injured, tell him about any pain. Just because you are not bleeding or do not have a snapped bone does not mean that you are not injured. Pain is a sign of an injury. It hurts your case when the police officer testifies that you said you were not injured.

Do not move an injured person, as it could cause further injury. Call an ambulance. Seek medical care for any pain or injury. Tell all doctors that it is from the accident. Never give your car insurance information to any healthcare provider. Only give it to your attorney.

Call the police. Do not move your car until the police officer says to do so.

Get the names and numbers of witnesses: they often leave quickly.

Exchange contact information with all of the involved parties. If you are able, get information from everyone involved, including their name, address, driver’s license number, motor vehicle information (the VIN and license plate number), and insurance policy company name and insurance policy number.

Do not leave the scene of the accident until a police officer gives you the okay….unless it’s for a medical emergency.

Contact your insurance company but first consult with your attorney. Coverage can be denied or limited depending on the facts which you first review with an attorney.

Do not give a recorded statement to the other driver’s insurance company. They will never authorize your to record the person who caused the accident.

Knowing what to do can give you some focus in the event of an accident.

Accident reports

Missouri DMV: Missouri statutes do require motorists to file an accident report with the DMV. This rarely happens though. The usual situation is when the other driver does not have insurance. If so, go to the Missouri DMV website and file a Missouri accident report.

You should file the report within 30 days of the accident in order to avoid penalties.
The accident happened in Missouri.
One of the parties involved in the accident does not have liability insurance.
There was personal injury or death resulting from the accident
There was more than $500 in damage

Missouri Car Accident Lawyers

Call a personal injury lawyer after an automobile accident. There is no fee to talk. A Missouri car accident attorney will explain your rights. You are not a threat to a billion dollar insurance company. Handling these cases alone hurts your chances of maximum recovery. And dealing with the added stress of interacting with insurance companies, police, and others can be especially daunting if you or a loved one has been injured in the accident. There will be plenty to do in order to recover physically. Turning legal matters over to an experienced car accident attorney will maximize your chance of getting the compensation you deserve.

Contact the Law Office of James M. Hoffmann right away if you have been injured in a Missouri Auto Accident. Call (314) 361-4300 today to schedule a free consultation.

Wrongfully Terminated After Filing a Workers Comp Claim

July 15, 2013 By James Hoffmann Leave a Comment

Our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need.

One California worker believes she has been wrongfully terminated. She was “stunned and devastated” when she was fired last week after working for a nonprofit organization for 16 years as the executive director. She believes that in firing her, the Board of Directors violated California labor laws and she is currently looking into filing a wrongful termination claim.

Almost a year ago, she was injured on the job. She filed a workers compensation claim. She was informed by her doctor after several weeks of time off that she should not lift anything heavier than 10 lbs, but she could return to work on modified duty, which she did. But then after a death in her family, she requested several weeks off to attend the memorial service and visit family. She was given permission to do so and took one week of family leave and then two weeks of vacation, totaling three weeks.

Upon returning to work, she says that she was immediately terminated. She was shocked and says she believes the board of directors was looking for an excuse to terminate her position. “I couldn’t believe it – I had nothing negative in my personnel file. However, one of the board members had an issue with me from last March regarding the board fundraising and recruitment, which they insisted I did even though it was against the bylaws and articles of incorporation of the company. I believe they were just waiting for an opportunity to fire me and save money.” She was informed that there were underlying financial justifications for her being let go. But she said that the reasons they gave had been resolved two years earlier.

“They told me that because of my long service I had the opportunity to resign,” she says. “I refused to resign because I haven’t done anything wrong. They told me that all my stuff was packed. I left my keys behind, made sure I had all my belongings and left. I was stunned. I literally bent over backwards for this agency and I have gone without pay. I was on salary and worked many hours without overtime compensation. I never even asked for overtime pay. They were short-staffed (that is how I sustained my injury – because maintenance wasn’t around to help me move furniture and boxes) so I did much more than my job description called for. I even cleaned toilets.”

Businesses cannot retaliate against an employee by firing them for filing a workers compensation claim. In fact, California Labor Code makes it a misdemeanor to discriminate against, discharge, or threaten to discharge an employee who has filed a workers comp claim or who has been awarded workers compensation benefits. In the event that this does occur, the employee is entitled to reinstatement, a penalty (not to exceed $10,000), and reimbursement for lost wages and work benefits. Valerie believes that the board waited until her claim had ended before firing her so that their actions would not be considered retaliation.

It is not clear at this point whether she has a case that qualifies as wrongful termination. Even though she returned to work, technically her claim was still open. Her doctor’s orders, which were sent to the board of directors, stipulated that she should “stand at will” because she had a bulging disc. She was also told to not sit for long periods of time and to take frequent breaks.

St. Louis Workers Compensation Lawyer

Workers compensation laws are different in each state. Our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need. 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 the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online contact form to schedule a free and private consultation.

Influencing Factors & Denied Claims

Workers Compensation Denied by Doctor
Workers Compensation Denied Surgery
Workers Compensation Denied Pre Existing Condition
Workers Compensation Denied Not Work Related
Workers Compensation Stopped Payments
Workers Compensation Disputes
Fired for Filing a Workers Compensation Claim
Workers Compensation Wrongful Termination
MMI Workers Compensation
Disputing Maximum Medical Improvement
Work Comp Accused Me of Fraud
Missouri Second Injury Fund
Person Comfort Doctrine

Soap Truck Rolls Over Dumping Detergent into Creek

July 10, 2013 By James Hoffmann Leave a Comment

An unusual accident caught the eye of drivers as they were heading down I-81 north in Botetourt County, West Virginia near mile marker 168 in the pouring rain.

On July 3, according to Virginia State Trooper Sergeant John Thompson, a semi-truck that had been transporting a full load of dish detergent bottles overturned, spilling the load into Purgatory Creek.

Residents of the area say that this particular stretch of road is one where accidents happen frequently and they avoid driving in that area. Apparently the driver of the semi-truck lost control of the vehicle in the rain on the slippery roads, crashed through the guard rails and into Purgatory Creek. The driver was not injured.

The sight was not something you see every day, said one resident. “It’s pretty amazing, pretty much a one of a kind thing.”

The sight of the creek filling up with soap bubbles might have seemed whimsical, but Allen Linkenhoker, a pollution response coordinator with the Virginia Department of Environment Quality, says that the chemicals in the detergent can be quite harmful to the aquatic life. “It can harm aquatic life,” Linkenhoker said, “It’s still not good for the fish, it can foul their gills, it can use up their oxygen in the water as it decays. It’s not a healthy situation for a creek by any means.”

He is concerned about long term effects, though at this point he has not noticed harm to the fish, but will continue to monitor the situation.

St. Louis Truck Accident Attorneys

If you or a loved one is injured in an accident caused by a truck driver or trucking company’s negligence, an experienced truck accident attorney in your state can help protect your rights and get you the compensation you and your family deserve.

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

What to Expect After Experiencing A Back Injury At Work

July 9, 2013 By James Hoffmann Leave a Comment

Some back injuries can be very serious, while others may just take time to heal.

When you are injured on the job, it can temporarily or permanently change your life. Being unable to work, and in addition to the injury, having the added pressure of not bringing in any income can put a lot of extra pressure on entire families. Back injuries can be especially debilitating and difficult to deal with. Part of this added stress can come from not knowing what to expect from the workers compensation claims process. Definitively determining the origin of a back injury is not always easy either, which means that your employer’s insurance company may try to deny your claim. This uncertainty can be alleviated somewhat by working with an experienced attorney who can guide you through the process of negotiating a fair settlement.

It can be difficult to get a straightforward answer about what to expect from a workers comp case, or what type of settlement you can expect from specific injuries because these cases are so dependent on the individual circumstances of that injury and incident.

Factors in determining a Settlement Amount

There are certain factors taken into account in order to determine what your claim is worth and what types of benefits you should ask for. When finding a final settlement amount, your pre-injury earnings will need to be considered, as will your post-injury earnings, and post-injury maximum potential earnings. Your earning potential may have been altered by your injury if it is significant enough to affect your ability to work or perform the same functions you were able to perform before the injury.

Some cases are simpler and quicker to solve than others. Ideally, the case will be straightforward and the insurance provider will accept the doctor’s diagnosis and will offer you a fair settlement that satisfies both parties. But in many instances, negotiating a settlement can take years.

Additional Benefits

When you sustain a workplace injury and are permanently unable to work, you may be able to receive Social Security disability benefits in the short or long term as well. This alternate source of income can be very important when a workers compensation claim drags on.

Additionally, in some cases, if the workplace accident was caused by some gross misconduct or negligence by your employer, you may also be able to receive an ongoing payment from your employer. This would be entirely separate from your workers compensation claim.

Physical Exams

In order to protect your claim, after your injury you will need to undergo several physical examinations. These will be to identify the extent of your injuries and determine an initial course of treatment and a framework for your recovery. While it may not be possible to know exactly how much your body will be able to recover or how long it will take, the doctor who treats you will make a judgement about a predicted prospect for recovery.

Some back injuries can be very serious, while others may just take time to heal. For instance, though they can be very painful, a slipped disc or cracked vertebra could be treatable. A more serious injury like a spinal cord or compound back injuries could result in a permanent condition that may need ongoing medical treatment and pain management.

Part of your settlement benefits will be for your current medical treatment. Compensation for immediate medical treatment should not be difficult to get, as long as the work injury was not due to some negligence on your part, or disregard of company policy.

Later on, after your injury has been treated, you will need to undergo another examination to ascertain whether or not your condition has improved. This final exam should happen at a point of “maximal physical recovery,” meaning that after this point there is not expected to be further measurable improvement in your condition. At this point it will either be determined that your injury has resulted in “partial disability” or “permanent disability.” This decision may affect the settlement that you receive.

Missouri Workers Comp Attorney

If you are having trouble resolving a claim you should consult with an experienced workers compensation attorney. Discussing your options with an attorney can help to put your mind at ease knowing that your case is in good hands, and that you have the best chance at maximizing the compensation or settlement you receive.

Our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need. 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. Please call (314) 361-4300 or fill out our online contact form.

Missouri Governor Vetoes Workers’ Compensation Database

July 9, 2013 By James Hoffmann Leave a Comment

States all have different workers’ compensation laws and have their own processes for handling workers’ comp cases.

Lawmakers, business owners, and employees all agree that there is room for improvement within the workers’ comp system, and this means that in many states legislators are working to tweak, or sometimes completely overhaul, the workers’ comp regulations that are currently in place. These ever-changing laws can sometimes be difficult to keep up with.

Missouri Governor Jay Nixon vetoed a proposal on last Tuesday that would allow for an online database that businesses could use to investigate a new employee’s workers’ compensation claims prior to hiring them. He cited privacy concerns as his reason for vetoing the proposal.

Nixon explained his veto decision, saying the database would be “an affront to the privacy of our citizens and does not receive my approval.” In a written statement the Democratic governor referenced a recent dispute that his administration had with the Republican-led Legislature regarding whether there should be electronic copies made of personal documents when people apply for a driver’s license, saying that there is a “stark contrast” between lawmakers’ action and statements when it comes to privacy issues.

He continued on to say “while professing to champion privacy rights, this General Assembly quietly passed a bill to create — and allow broad access to — a new electronic database containing the personal information of hundreds of thousands of law-abiding Missourians. Invading Missourians’ privacy will not grow our economy or move our state forward.”

And several days ago Nixon also signed a law to reverse the policy made by his administration 6 months ago that allowed electronic copies to be made electronic of personal documents from driver’s license applicants.
The legislation that Nixon vetoed would have made it permissible for an employer to search for workers’ compensation claims (whether ongoing or resolved) made by a potential employee using his or her name and Social Security number. The state Division of Workers’ Compensation made an estimation that the initial online database would include around 554,000 claim records, and that each year about 13,000 records would be added to the database.

Senator Mike Cunningham, R-Rogersville, sponsored the legislation and criticized Nixon’s veto. In expressing his disagreement with Nixon’s decision, he also referenced the previous privacy dispute regarding the driver’s license/personal records issue. “I find it interesting that the governor is suddenly interested in privacy when his administration has been breaking the law in the Department of Revenue scandal,” Cunningham said.

Senator Cunningham and other supporters of the workers’ comp database said the legislation could help both bosses and workers, and could actually speed up the hiring process and prevent workers’ compensation abuses. According to Cunningham, the electronic database would bring Missouri into the 21st century, because currently, information about workers’ compensation claims is available but the request must be in writing and then it takes about two weeks to process and receive. Cunningham is considering attempting to override the veto with the support of colleagues, and they will continue to discuss the matter.

The Missouri AFL-CIO said the veto supports workers. Missouri AFL-CIO Secretary Treasurer Mike Louis said “the bill would have unfairly given employers online access to personal data of Missouri workers injured on the job. Our state elected officials should work to make workplaces safer not violate privacy rights of hardworking Missourians.”

Missouri Workers’ Compensation Attorneys

If you have questions about a workers’ comp case, contact the experienced Missouri workers’ compensation attorneys at the Law Office of James M. Hoffmann. We understand the laws in the state of Missouri and will be able to help you get the full compensation you are entitled to. Call us at (314) 361-4300 to schedule a free consultation.

photo credit: aflcio

Calculating Your Missouri Workers’ Comp Benefits

July 8, 2013 By James Hoffmann Leave a Comment

A very common question that people ask after experiencing a workplace accident that leaves them injured is some variation of “what is the average settlement for a ___ injury?”

Knowing what to expect and what sort of compensation is fair is pretty important. Each situation has different circumstances that affect the value of the claim, so discussing your options with a workers’ compensation attorney is a good first step.

The Missouri workers’ comp system operates under the same premise as most workers’ comp systems: in order to keep work injury cases out of the courts, injured workers are entitled to compensation for accidental workplace injuries. By assuming liability for work accidents, regardless of whose fault the accident is, employers are protected from employees seeking tort damages through the civil court system. Under the Missouri system, employees are limited to specific, scheduled benefits that are determined by using an equation.

In Missouri, which has its own workers’ compensation system, there are several different types of benefits that may be provided to injured workers. It can be difficult to get an accurate idea of what benefits an injured worker can expect to receive without knowing the particular circumstances of the accident and injury. Discussing your case with a workers’ compensation attorney can help you to get a better understanding of what to expect regarding compensatory benefits. However, there are a few basic calculations you can use that can give you a better idea of the compensation you may be able to receive.

Keep in mind that each situation can be different and that any number of factors can impact your benefits.

Compensation rates

Benefits are usually determined by identifying the compensation rate. An employee who is unable to work for a period of time will most likely receive benefits that amount to a portion of their weekly wage. To determine the compensation rate, the average weekly wage of the employee needs to be calculated. The average is found by looking at the thirteen weeks prior to the date of injury. The weekly wages from these thirteen weeks are all added together and then divided by thirteen.

The exception to this is if the employee has not been employed at that job for thirteen weeks. In that case, the total amount of wages paid to the employee during the course of their employment is tallied and then divided by the number of weeks he or she has worked for that employer prior to the accident.

This then gives you the average weekly wage (AWW). The AWW can be used to estimate or calculate possible or likely benefits that an employee may receive under the Missouri workers’ comp system.

Next, you will have to find out what the appropriate compensation rate is for the type of benefits you are looking at. In most cases this compensation rate will be two-thirds of the average weekly wage (up until the date the injury occurred) that you just calculated. There is a maximum amount that these benefits cannot exceed, but that maximum is adjusted on a yearly basis and depends on the injury type. There will be different maximums for permanent partial disability than from temporary total disability, permanent total disability, or death benefits.

Missouri Workers’ Comp Lawyers

If you have been injured in a workplace accident, consulting with a Missouri workers’ compensation attorney can help you to better understand your rights and how to move forward. The benefits that you can ask for will depend on the severity of your injury, your doctor’s diagnosis, and how the injury affects your ability to do your job. The Law Office of James M. Hoffmann can help advocate for you and maximize your chances of getting the full compensation you deserve.

Call us today at (314) 361-4300 or fill out our online contact form.

photo credit: PBoGS