Workers Compensation Lawyer Blog

Bus Accident Kills Two Due to Negligent Driving

January 16, 2013 By James Hoffmann Leave a Comment

Bus drivers are supposed to be trained driving professionals.

There are thousands of bus accidents across the country each year. They result in a wide range of injuries, including fatalities. There are many causes of bus accidents. In some cases both the driver and the bus company are at fault.

In December of 2012, a charter bus carrying 32 people hit a concrete overpass at Miami International Airport. The report stated that the bus driver got lost and tried to go through an entrance that the bus was too tall to fit through. The entrance was clearly marked with two large signs warning drivers of large vehicles not to enter.

The result of the accident killed two elderly passengers and critical injured three others. The remaining passengers were hurt but were not severe. A police spokesperson said that a majority of the injuries were on the face due to the frontal impact.

When people board a bus or any other type of public transportation, they are putting their confidence in the driver to keep them safe. Bus drivers are supposed to be trained driving professionals. Their job is to transport people safely between a variety of places. They are required to have a commercial driver’s license and complete training. In addition, they are required to meet certain hearing and vision tests.

St. Louis Bus Accident Attorney

If you or a loved one has been the victim of a bus accident, it is important to contact a bus accident lawyer. Bus companies are responsible for maintaining their buses and for making sure their drivers are qualified and follow all of the rules and regulations on the roads.

Contact the St. Louis Bus Accident Attorneys at the Law Office of James M. Hoffmann. Our office is located in St. Louis but we handle personal injury cases throughout the entire state of Missouri. Call us at (314) 361-4300 or fill out our online contact form to schedule a free consultation.

What To Do If You Are Involved in A Truck Accident

January 9, 2013 By James Hoffmann Leave a Comment

While preventing a truck accident is ideal, you only can control the actions of your vehicle, not those around you.

According to the National Transportation Safety Board, passenger vehicles and their occupants that are involved in a crash with a semi-truck have very little chance of walking away from these situations without injury. The disparity in size of commercial semis and average passenger vehicles is so huge that serious consequences are almost certain in the event of an accident. No one expects an accident, but if one occurs, it is very important to know how to handle the situation and protect your case right from the start.

Protecting yourself by avoiding driving in the blind spots of large vehicles, and closely following the rules of the road like never cutting in front of a semi-truck, paying close attention to a truck’s turn signals, and keeping your distance is sometimes is not enough. While preventing a truck accident is ideal, you only can control the actions of your vehicle, not those around you. If you or a loved one experiences an accident with a large commercial vehicle or a semi-truck, getting in contact with a truck accident attorney is crucial. In addition to contacting an attorney and seeking medical attention right away, there are several other things that those involved should keep in mind.

What to do following an accident involving a semi-truck:

Never leave the scene of the accident

Do not make any statements to anyone

Do not admit fault

Take pictures of the scene

Preserve evidence, including your vehicle

Never sign anything or discuss the situation without an attorney present

Get the contact information of any witnesses

Do not speak to other insurance companies

If anyone contacts you about the accident, direct them to your truck accident attorney, never answer any questions, even seemingly innocuous ones.

Report your accident to the DMV – in some states this is a necessity

When a serious accident occurs, the scene will be hectic. But keeping a level head is important in making a case and receiving compensation from the insurance company. Your truck accident attorney will be able to steer you in the right direction as to what you should do and what the right moves should be in dealing with insurance companies, seeking damages, and proving liability. Retaining an attorney should be one of your top priorities following an accident, having someone who is experienced in handling semi-truck accident cases, interacting with insurance companies, preserving evidence, and has your best interests in mind, will give you peace of mind regarding your case.

If the worst case scenario happens and your family member or loved one has been involved in a truck accident that resulted in death, the case automatically becomes a wrongful death case. Semi-truck accidents have the very real possibility of resulting in very serious injury or death, and when an accident happens, the responsible parties need to be held accountable. If the accident is caused by negligence on the part of the truck driver or trucking company, your truck accident lawyer will make sure that justice is served and the responsible parties are held accountable.

St. Louis Truck Accident Lawyer

At the Law Office of James M. Hoffmann we will fight to make sure that the trucking company is held responsible for their failure. We are experienced Truck Accident Lawyers who know how to win against trucking companies. Call us today at (314) 361-4300 for a free and private consultation.

Temporary vs. Permanent Disability Facts

December 19, 2012 By James Hoffmann Leave a Comment

When an accident occurs at work, the result can be varying degrees of disability.

A disability is defined as a physical, mental, emotional or sensory impairment that prevents a person from being able to perform an otherwise normal function. It is some disqualifying deprivation or loss of power, physical or other. The disability may be temporary or permanent, depending on the severity of the accident.

When an accident occurs at work, the result can be varying degrees of disability. If you are injured on the job and you are put on disability, it will be classified under one of these four terms:

Temporary Partial Disability

This refers to a workers compensation disability level where the person that is injured on the job is temporarily unable to perform a certain set of job skills but is still able to work at a reduced level. In Missouri, the benefits are then usually paid weekly at a rate of 66 2/3% of the difference between the average earnings of the employee prior to the accident and what he will be able to earn while disabled.

Temporary Total Disability

This disability level is similar to the temporary partial in that the person that is injured cannot perform a certain set of job skills, the ones performed at the time of the injury, but can still work at a reduced level. However, in this circumstance the situation is permanent, the person will never be able to return to the level of skill or activity that they were at the time of the injury. In Missouri these benefits are also calculated at 66 2/3% on a weekly basis.

Permanent Partial Disability

When a work injury disables you to the extent that you cannot work at all, this is permanent disability. However, if after medical treatment or therapy you are able to make a full recovery and return to normal work activities, at the level and skill you were once able, this makes it permanent partial disability. If your disability is a permanent partial disability (PPD), the legislature has established a formula to convert that disability into a dollar amount. The maximum weekly wage amount for a permanent partial disability is less than the maximum for the temporary total disability because the disability is partial instead of total.

Permanent Total Disability

If your work related injuries leave you permanently and totally disabled from all types of employment, then you may qualify for permanent total disability benefits under the Missouri Workers Compensation Law.

St. Louis Workers Compensation Lawyers

All of these situations can be complicated legal matters. Often, if you do not precisely follow all instructions when applying for benefits, you may not get the full extent of compensation you deserve for your disability. Workers compensation laws provide compensation based on a statutory guideline, assessing benefits according to a value placed on the specific body part and the seriousness of the injury. How much compensation you receive depends on your previous wage and the extent of your disability according to your doctor. Getting an accurate and objective assessment is vital in seeking a fair treatment.

The Law Office of James M. Hoffmann 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 cases throughout the State of Missouri, our law firm will ensure that your rights are protected. Please call (314) 361-4300 or toll free at (888) 872-6795 for a free and private consultation.

MO Workers Compensation: Survivors Benefits

December 17, 2012 By James Hoffmann Leave a Comment

However, sometimes people do not end up receiving the benefits they are entitled to under the law…

Each year thousands of workers in Missouri are injured on the job. Unfortunately, however, some of these injuries are fatal. If an employee dies while on the job, it is the responsibility of the employer or insurer to notify the Division of Workers Compensation within 30 days of knowing about the incident. Then, the Division will notify the dependents about what their legal rights are.

However, sometimes people do not end up receiving the benefits they are entitled to under the law because they are not aware that they are eligible for certain benefits.

What Are the Survivors Benefits?

The survivors of an employee that dies due to a work related accident, are generally the surviving spouse and surviving dependent children. They are entitled to weekly benefits. First of all, the employer or insurer is responsible for paying funeral costs up to $5,000. In addition, the weekly benefit is paid at 66 2/3% of the deceased employees average weekly rate.

The responsibility of paying these benefits is on the employer and its workers compensation insurer. If the employer did not have workers compensation insurance and the employee died due to a work related injury, then the Missouri Second Injury Fund is responsible for the payment of benefits.

Questions About Survivors Benefits?

Many of these situations can contain very complicated legal issues. The Law Office of James M. Hoffmann has a strong history of helping the family members of a person that has died on the job, receive the financial compensation they need. Based in St. Louis, and handling workers compensation cases throughout the State of Missouri, our law firm will ensure that your rights are protected. Please call (314) 361-4300 or toll free at (888) 872-6795.

photo credit: ensign_beedrill

Workers Compensation Claim for Occupational Diseases

December 11, 2012 By James Hoffmann Leave a Comment

As of 2005 an occupational disease must be reported within 30 days of the diagnosis of the condition.

In 2005 the Missouri legislature redefined the occupational injury parameters. It is important to understand what occupational diseases are and what to do if you have suffered a work related injury.

First of all, an occupational disease is a condition or illness that occurs as a result of work or occupational activity. In order to receive workers compensation, an employee must be able to prove that work was the prevailing cause of the condition or disability.

Types of Occupational Diseases

There are many different occupational disease types. The following are some examples of occupational diseases that the Missouri Workers Compensation Law recognizes:

Repetitive motion injuries – carpal tunnel syndrome, trigger finger

Loss of hearing – prolonged exposure to harmful noise in workplace

Radiation disability – exposure to radiation causing disability

Occupational lung diseases – asbestos exposure

A common question is when to notify an employer. The answer is, report the incident immediately. As of 2005 an occupational disease must be reported within 30 days of the diagnosis of the condition. If you fail to report the injury or occupational disease you may jeopardize your ability to receive workers compensation benefits. Notify your employer in writing and state the date, time and place that the injury occurred. Be sure your personal information is mentioned, such as your name and address. Keep a record of the notice, make sure to save a copy of it.

St. Louis Workers Compensation Lawyers

If you have any questions or concerns about your workers compensation claim due to an occupational disease, contact the Law Office of James M. Hoffmann. 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 cases throughout the State of Missouri, our law firm will 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.

photo credit: Asbestos Testing

Protect Yourself From Neck Related Injuries At Work

December 4, 2012 By James Hoffmann 1 Comment

Neck injuries that result from work-related situations are fairly common. They can be easy to resolve or they can last months or even years at a time, requiring long term medical treatment. Seeking treatment immediately for a work related neck injury will help to ensure that the neck injury will not get worse over time or develop into an even more serious problem. Avoiding neck injuries at work should be a goal of any employee who feels at risk either by doing repetitive work on a consistent basis, or does work with a higher risk of accident. Taking care to minimize any incident probability should be on the minds of both employers and employees. So if you feel you are at risk, discuss the situation with your employer to determine whether there are actions both of you can take to protect your body from injury. Changes to office equipment can help to minimize neck injury or even making small changes that vary your movements can have a positive impact on your health.

Types Of Neck Injuries

Neck injuries that occur at work can be the result of an accident or they can be caused by repetitive stress. These can be injuries or strains to the muscles and ligaments in your cervical spine, damage or displacement of the discs separating your vertebrae, or injury to your vertebrae. Any pain you feel in your neck or spine requires your attention and you should seek medical treatment before the problem develops any further. Whether the pain you feel is the result of an accident at work or repetitive motion, you should consider finding a workers’ compensation attorney who can help sort through the details of your case. A cooperative employer is a best case scenario in any situation involving a work injury where medical treatment is necessary. Hopefully your employer will be supportive of your claim and encourage you to get treatment. But oftentimes this is not the case, and in the event of an injury and an uncooperative employer, working with a workers compensation attorney is going to be the thing you can do if you hope to have a successful claim.

Dealing With A Neck Injury

James Hoffmann has practiced workers compensation law for over 20 years, possessing the negotiating skills, trial experience, medical knowledge and insurance acumen to confidently pursue full compensation for every client. The Law Office of James M. Hoffmann represents clients throughout the State of Missouri and in the greater St. Louis area.

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

photo credit: Black Scratchy Lines