Workers Compensation Lawyer Blog

Continual Changes to MO Worker’s Compensation Laws

October 22, 2012 By James Hoffmann Leave a Comment

The Governor’s March 2012 Vetoes. Restrictions to Missouri workers’ compensation laws in recent months have been making waves and even causing confusion. In March, Governor Nixon vetoed one piece of legislation that changed the workers’ compensation system and another bill related to workplace discrimination. People have regarded these decisions as being hostile to Missouri workers and many would like to see changes that affect the recourse that workers have in a positive way, as opposed to further restricting their legal options when it comes to discrimination or workers’ compensation. The Governor has claimed that he is protecting human rights and civil liberties with these decisions but many disagree, saying instead that the vetoes work against the workers’ comp system and make it harder to prove discrimination against former employers.

2005 Amendments Allow For Civil Suits Against Employers. These changes come on top of 2005 amendments that had already significantly altered injured the way that employees can seek compensation, allowing for civil suits as opposed to going through the workers’ comp system. Those alterations were viewed as being destabilizing to the system as a whole.

Preexisting Conditions. Some precedents being set currently are seen as favorable to workers in Missouri, however, making it possible for more Missouri workers to claim benefits even with the existence of prior conditions, by widening the definition of preexisting disabilities. In some cases workers have been able to claim benefits when preexisting conditions that were not manifested in difficulties in job performance in the past, but have the potential to combine with work-related injuries and cause and even greater degree of disability. These modifications are far less restrictive regarding preexisting conditions and how the existence of these conditions has an effect on the claiming benefits.

How Do These Changes Affect Current or Future Cases? Consistent changes are being made to Missouri law and different precedents are being set daily, but confusion is a common result of seeing all of these changes put in place. Whether the changes affect workers positively or negatively is hard to even discern at times and can vary from case to case. Sorting through current and past laws and making sense of it all is what workers’ compensation lawyers do. If you have questions regarding a case, contacting a workers’ comp lawyer will be a good idea, because making sense of these matters is daunting and can be impossible on your own. In the advent of a worker’s comp case or a suspected workers’ comp case, seek the aid of an attorney who can help obtain the benefits that workers deserve and damages when appropriate. Even with restrictions and changes to the law, lawyers will know what the options pertaining to each particular case are, and how to gather evidence and present the case in a way that will garner the most favorable result.

MO Workers Compensation Lawyer

At the Law Office of James M. Hoffmann, our Missouri Workers Compensation Lawyers can provide you with the necessary information to make the right choices so that you can receive the best medical care, benefits and income. Attorney James M. Hoffmann has spent a majority of his 15-year legal career dedicated to protecting the rights of injured workers.

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.

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Spinal Injury Lawsuit Dismissed

October 15, 2012 By James Hoffmann Leave a Comment

Car injury attorneys could have advised Mangione of the importance of documenting her injuries as soon as possible, as well as the importance of obtaining several doctors’ opinions and how both of these actions could have positively impacted her case…

Finding a good car injury attorney can often mean the difference between winning and losing a case. This is evidenced especially in the case of Susan Mangione, a woman involved in a 2009 car accident. The 2009 New York case has been thrown out by Supreme Court Justice Charles Markey because Mangione opted for spinal surgery before completing the court-ordered medical examination. In 2009 Susan Mangione was involved in a taxi cab accident, causing her to claim that she suffered serious injury as a result. She sued the cab driver and the driver of the other vehicle, relating that at the time of the accident the driver was on a cellphone. Mangione, however, was unable to prove her claim of serious injury because she chose to undergo spinal surgery, which destroyed the evidence of any such injury.

Justice Charles Markey set precedent in New York on July 31 of 2012 by deciding that destruction of evidence took place and the case could not go forward. The judge decided that because Mangione chose immediate, non-emergency surgery instead of waiting for the independent medical examination to take place, and due to her failure to appear at any of the three court-ordered appointments, there was no evidence to support her claim of being significantly injured. The spinal surgery that she chose to undergo significantly changed the state of her condition enough for the court to be unable to ascertain whether the car accident caused any injury to her. This resulted in a lack of documentation of her claim of bodily injury and blocked the defendants’ rights to independently verify Mangione’s condition.

Mangione’s case demonstrates the importance of immediately retaining the advice of a car injury attorney in cases such as these where the next step could mean the difference between winning or losing. Car injury attorneys could have advised Mangione of the importance of documenting her injuries as soon as possible, as well as the importance of obtaining several doctors’ opinions and how both of these actions could have positively impacted her case and supported her claim of serious injury. Because her own car injury attorney failed to do so, and submitted false claims to the court, the case was thrown out. The Justice determined that in cases where surgery is an emergency the outcome could have been different.

St. Louis Car Accident Attorney

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.

Getting Compensated for Personal Injuries

October 8, 2012 By James Hoffmann Leave a Comment

Negligence is a failure to exercise care where a reasonably prudent person would do so.

Getting involved in an accident does not only cause physical injuries but can be emotionally detrimental as well. Personal injury basically occurs due to the negligence or recklessness of another individual. Although monetary compensation can never return a person’s health or erase the lasting effects of a serious personal injury, it can alleviate many of the day-to-day problems confronted by personal injury victims and their families. Having to deal with the pain and stress caused by someone else’s negligence can be overwhelming, but the fact that you can receive compensation for the injury may make things easier for you.

Personal injury is a branch of law that is designed to protect persons that are harmed by the careless or harmful acts of others. In order to pursue a personal injury claim, you must establish that someone is liable for your injuries due to intentional wrong, negligence, or strict liability. Negligence is generally the most common basis for a personal injury case.

Negligence is a failure to exercise care where a reasonably prudent person would do so. Negligence involves harm caused by carelessness or recklessness, not intentional harm.

Contact the Personal Injury Lawyers

If you feel that you or someone you love has a personal injury case, contact the St. Louis personal injury lawyers at the Law Office of James M. Hoffmann. We are located in St. Louis, MO but we handle personal injury cases throughout the entire state of Missouri. Call us today at (314) 606-5870 or fill out on online consultation form.

Electricians: Work-Related Injuries

October 4, 2012 By James Hoffmann 4 Comments

According to the NFPA, between 2012 and 2016, 9,760 workers in the U.S. were injured through exposure to electricity.

Accidents happen every day at work, and often lead to injuries. When we think of all the safety hazards that electricians are faced with at work, the obvious injury is electrocution. However, there are many other factors that can also cause work-related injuries to electricians while at work. Some of the most common injuries specific to electricians include:

Electrocution

Electrocution is the most common cause of injury for electricians. Electric shock can vary in severity. It can cause minor burns to severe heart problems, and can even be fatal. According to the NFPA, between 2012 and 2016, 9,760 workers in the U.S. were injured through exposure to electricity. It is estimated that nearly three workers die each week from being exposed to electricity.

Falling From Heights

At times electricians need to work at great heights, which makes things even more dangerous for them. When electrical wires need to be installed or repaired on roof spaces or in ceilings, electricians are at risk of falling. Obviously, when electricians are needed to work at heights, they use ladders or other elevated platforms, which can be extremely dangerous. If there is improper scaffold construction, this can be a risk factor. There are certain regulations set in place for the protection of all the employees that need to work at heights. These regulations place the blame on the employer for any injuries that are caused by falling from heights.

Asbestos Exposure

Electricians who are exposed to asbestos are known to contract diseases such as mesothelioma, asbestos lung cancer, and pleural disease. Although the utilization of asbestos has been put to an end, those who have contracted these diseases while it was being used are entitled to making injury claims.

Injuries Caused By Equipment

The nature of an electrician’s job deems it necessary for him to work with various kinds of equipment and tools on an everyday basis. Some common examples of misused equipment are:

Using circuit breakers or fuses with the wrong rating for over-current protection
Using modified cords or tools
Using cords or tools that have worn insulation or exposed wires

All equipment and machinery should be regularly inspected and maintained to prevent injuries.

Have you been injured in an accident?
Call (314) 361-4300.
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Our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need. Contact the St. Louis, Missouri workers compensation lawyers at the Law Office of James M. Hoffmann to ensure that your rights are protected.

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Missouri’s Efforts to Increase Farm Safety for Workers

October 2, 2012 By James Hoffmann Leave a Comment

Preventative measures are being taken in Missouri to help avoid such accidents.

It is estimated that there are more than 107,000 farms in Missouri, which employ nearly 300,000 workers. With such a large amount of workers, there are, unfortunately, a lot of injuries and fatalities.

There are a number of high-risk factors for farmworkers. Most of the farm accidents and fatalities involve farm equipment and machinery. There are also dangerous chemicals and pesticides that can be serious for workers if proper precautions are not taken.

Preventative measures are being taken in Missouri to help avoid such accidents. The Department of Labor and the Department of Agriculture have teamed up to create a safety program for all types of farms. The program is free.

The program includes the Department, upon request, to go out and examine the equipment and check on operating procedures to make sure they are safe. Farmers can thus make their farms safer for their workers by working with these professionals.

Missouri Workers Compensation Lawyers

If you or a loved one has been injured due to a work-related injury call 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. 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.

Medical Errors: Americans At Risk

September 26, 2012 By James Hoffmann Leave a Comment

Thousands are dying each year due to medical errors in the U.S. and many go unreported.

The medical error statistics in the United States are overwhelming and alarming. By definition, a medical error is a preventable adverse effect of care. It is estimated that as many as 98,000 Americans die each year due to medical errors in hospitals. This number reflects deaths that should have been preventable.

According to the Institute of Medicine, “To Err is Human.” However, there seems to be an unspoken rule among doctors to overlook the errors of their colleagues. While yes, it is true that doctors are only human, the facts suggest that mistakes are made due to doctors and other medical personnel that are hasty, sloppy, and just don’t care.

Medical Error Statistics

It is estimated that surgeons in the U.S. operate on the wrong body part up to 40 times a week.
Medical errors cost the health-care system in the U.S. tens of billions of dollars, each year.
Medication errors harm as many as 1.5 million people in the U.S. annually.
Over 106,000 people die each year from adverse drug reactions.
More than half the people in the U.S. have received unnecessary medical treatments at some point.

The list of alarming statistics could go on and on. The question remains, how to protect yourself from being part of the statistics? One thing you can do is do your own research. Before having a surgery or other medical procedure, do your research on the hospital or medical facility you will be in. Do research on the doctor that you will be going to. Do not be afraid to ask questions; be determined not to be intimidated by doctors or other health-care professionals.

However, if you or someone you love has been the victim of medical errors, seek legal guidance. You may think there are thousands of lawsuits filed every year due to medical errors but compared with the statistics, that is not the case. Thousands are dying each year due to medical errors in the U.S. and many go unreported.

St. Louis Personal Injury Attorneys

Contact the Personal Injury Lawyers at the Law Office of James M. Hoffmann. Though no amount of money can restore health or life or bring back a lost opportunity for recovery, a lawsuit can help ensure that another person does not suffer a similar fate. Call us today at (314) 606-5870 for a free and private consultation.