Workers’ compensation pays an injured worker medical and disability benefits. What about pain and suffering?
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James Hoffmann
314 361 4300
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God bless, love and hugs
Jim
Fighting for the injured.
James Hoffmann
Your Missouri car accident and workers comp lawyer
314 361 4300
[email protected]
Proud to fight for the injured.
Law Office of James M Hoffmann
2001 S. Hanley suite 325
St. Louis, MO 63144
314 361 4300
[email protected]
James Hoffmann
St. Louis, Mo work comp and car accident lawyer
314 361 4300
Law Office of James M Hoffmann
314 361 4300
[email protected]
Law Office of James M Hoffmann
2001 S. Hanley, suite 325
St. Louis, MO 63144
314 361 4300
[email protected]
Your Missouri car accident and workers compensation attorney
Glad to help. All cases on a contingency fee which means we will never ask a client for a penny.
Law Office of James M Hoffmann
James Hoffmann
Remy Hoffmann
Missouri personal injury attorneys
314 361 4300
[email protected]
The LIRC in Nouraie v. MO. Baptist Medical Center et al, Injury No.: 10-111746, March 13, 2013, sanctioned the employer for refusing medical care in connection with a repetitive use claim. The Employer obtained an expert long after the wrongful denial of benefits. This did not justify the prior wrongful denial. The LIRC explained:
“In any event, whether an employer has sent a worker for a medical examination prior to denying a claim is a factor for our consideration in determining whether an employer had reasonable grounds for denying a claim.”
The LIRC in Nouraie also explained:
“The courts have instructed us we are only to award such costs “where the issue is clear and the offense egregious.” Landman v. Ice Cream Specialties, Inc., 107 S.W.3d 240, 250-251 (Mo. 2003). We think it is clear that employers have an obligation to investigate the circumstances giving rise to alleged work injuries before denying benefits. And where the worker is available to discuss the injury, we think any reasonable employer conducting an investigation designed to determine whether an injury is work-related would discuss the alleged injury with the worker. In the instant case, Ms. Bequette, as employer's agent, denied evaluation, treatment and benefits to employee without even discussing employee's alleged back condition with employee. We think employer's act of denying workers' compensation benefits to employee before even discussing the alleged injury with employee constituted an egregious offense. Based upon the forgoing, we find employer defended this claim at the outset without reasonable ground.”
Merry Christmas.
James Hoffmann, Missouri work comp and auto accident attorney
314 361 4300
[email protected]
So, why did the doctor shave areas in the knee that were not symptomatic? Look at the bill: a meniscus surgery is onl $3000; but for every other area he "cleaned up", he gets $3000 for each area.
Law Office of James Hoffmann
314 361 4300
[email protected]
Your Missouri workers comp and car accident lawyer
James Hoffmann
314 361 4300
[email protected]
Law Office of James Hoffmann
314 361 4300
[email protected]
James Hoffmann
attorney
St. Louis workers comp and car accident lawyer
314 361 4300
[email protected]
I have represented numerous first responders in Missouri workers comp and car accidents. Heavy ambulance doors have caused severe post concussion syndrome and TBI's. Lifting victims has caused herniated discs requiring cervical and lumbar fusion surgeries. Glad to help our hero's.
Law Office of James Hoffmann
2001 S. Hanley, Suite 325
St. Louis, MO 63144
314 361 4300
[email protected]
Law Office of James Hoffmann
St. Louis personal injury and work comp lawyer.
314 361 4300
[email protected]
Per Tillotson v. St. Joseph Med. Ctr., 347 S.W. 3d 511 (Mo. App. W.D. 2011) to determine need for treatment, surgery, and treatment after surgery. Treatment need only be reasonably required to cure and relieve the effects of the injury. Id. Section 287.140.1 RSMo states in pertinent part that the Employer shall provide such medical as may “reasonably be required.
To be entitled to future medical care the employee must establish that there is a reasonable probability that he will need future medical care. Forshee v. Landmark Exc. & Equip., 165 S.W. 3d 533 (Mo.App. E.D. 2005) An [Employee] does not have to provide evidence of specific medical treatments or procedures which will be necessary in the future in order to receive an award of future medical care. See Chatmon v. St. Charles County Ambulance, 55 S.W.3d 451, 459 (Mo.App. E.D. 2001).
Employee has already satisfied the burden of proving a compensable injury. Here, defense's authorized Dr. Spears on 4/26/2010 opined "if she doesn't get improvement in her radicular pain, then the next step is going to be a microscopic transforaminal lumbar interbody fusion to remove the foraminal stenosis." He went on to state the January 2010 incident was a "fall (that) aggravated significantly a pre-existing condition". This is enough under Tillotson, Forshee, and, Chatmon (supra) to award further treatment.
Please also see Maness v. City of De Soto, 421 S.W.3d 532 (Mo. App. 2014). The court rejects Employer's contention that the mere existence of degenerative disc disease in the cervical spine and neck symptoms prior to the work accident requires a determination that Claimant's injury is not compensable.
See also the following in support:
If the evidence establishes that an accident caused a
disability or aggravated a preexisting condition or infirmity of an employee,
which produces a condition that would not have resulted in a normal, healthy
individual, an award is authorized. Fogelsong v. Banquet Foods Corp. 526
S.W.2d 886 (Mo. App., K.C.D. 1975)
An aggravation of an existing infirmity caused by an accident or occupational
exposure arising out of and in the course of employment is compensable under
Chapter 287, RSMo, even if the particular accident (occupational injury) would
not have produced such result in a normal and healthy individual. Mashburn v.
Chevrolet-Kansas City Division, General Motors Corp., 397 S.W.2d 23 (Mo.
App., K.C.D. 1965)
Law Office of James M. Hoffmann
2001 S. Hanley
St. Louis, MO 63144
314 361 4300
[email protected]
James M Hoffmann, attorney
2001 S. Hanley, suite 325
St. Louis, MO 63144
314 361 4300
[email protected]
I see this all the time with neck injuries, low back injuries, disc herniations, rotator cuff tears, meniscus tears: doctors do surgery under workmans comp and then blame ongoing pain on a made up pre-existing condition.
James Hoffmann
Your Missouri workers comp and car accident attorney
314 361 4300
[email protected]
Law Office of James M. Hoffmann
St. Louis, MO car accident and workers compensation lawyer
314 361 4300
Glad to fight for the injured worker in Missouri.
Law Office of James M. Hoffmann
St. Louis, Missouri workers comp, car accident, injury attorney.
314 361 4300
[email protected]
These reviews are correct. This attorney is incredible. He knows workmans compensation, fights for denied treatment and wages, and gets your on the job injury rated by the best doctors. I will be using him from here on our great experience.
It does not take a large law firm to fight an insurance company. It takes a good lawyer. There's a reason why injured insurance adjusters and injured insurance doctors call me to represent them. They know I fight and will not back down.
Law Office of James M. Hoffmann
St. Louis, MO workers comp and auto accident attorney
314 361 4300
[email protected]
If the doctor says that you suffered a compensable injury by accident, then the legal standard for determining employer’s obligation to afford medical care under the Missouri workmans comp law requires the employer to provide treatment reasonably required to cure and relieve the effects of the injury. The prevailing factor standard no longer applies.
Further, it is immaterial that treatment may have been required because of the complication of a pre-existing condition or that treatment will benefit both the compensable injury and a pre-existing condition.
The fact that medical treatment may also benefit a non-compensable earlier injury or condition is irrelevant.
Whether or not claimant may have needed future treatment even if the injury did not occur is irrelevant to the analysis of whether future medical care flows from the injury actually occurred. With respect to permanent partial disability it is immaterial that the employee had a prior condition as an employee is entitled to compensation for disability rising out of the medical treatment reasonably required to treat the injury.
With respect to future medical benefits, the claimant need only show reasonable probability because of the work-related injury, future medical treatment will be required. A claimant need not show evidence of the specific nature of the treatment required.
In other words, prior conditions, such as arthritis, is irrelevant if the doctor says you suffered a work injury. The employer/insurer must treat both.
James Hoffmann
St. Louis, Missouri workers comp and car accident lawyer.
314 361 4300
[email protected]
The Law Office of James M Hoffmann was referred to me from a previous client, that was extremely impressed, with his service and outcome.
I met with Jim Hoffmann to discuss a car accident. Three cars were involved, my car was totaled, and I was seriously injured. After meeting with Jim the very first time, I immediately felt comfortable, and knew that he would have my back, and would fight for me.
Throughout my journey, I dealt with a lot of pain and several issues that lasted for years. During this time I had to contact Jim and Jamie (Jim’s wonderful assistant) many times. Every time I sent an email with questions, I received feedback extremely quickly!
I feel Jim negotiated a great settlement for me!
The Law Office of James Hoffman will be the first place I contact if I ever need his help again!
Suzanne Charles
James Hoffmann
St. Louis, MO auto accident and workers compensation lawyer
314 361 4300
Glad to fight for the injured Missouri worker and those injured on car accidents.
James Hoffmann
Missouri personal injury attorney
314 361 4300
[email protected],
Jim Hoffmann
Missouri workers compensation and car accident attorney
314 361 4300
St. Louis, MO
Compensation? Get this lawyer. Simply better than all the rest.
James Hoffmann
314 361 4300
[email protected]
James Hoffmann
Missouri workers compensation and auto accident lawyer
314 361 4300
[email protected]
Writing a proposed award for an upcoming work comp trial for an injured Missouri worker. L4-S1 lumbar fusion with plates and screws. Pursuing permanent and total disability plus denied medical. Here is the case law on denied medical in MO workers compensation:
The employer is held liable for medical treatment procured by the employee only when the employer has notice that the employee needs treatment, or a demand is made on the employer to furnish medical treatment, and the employer refuses or fails to provide the needed treatment. Hawkins v. Emerson Electric Co., 676 S.W.2d 872, 880 (Mo.App.1984).
The courts have consistently held that an award of past medical expenses is supported when the employee provides (1) the bills themselves; (2) the medical record reflecting the treatment giving rise to the bill; and (3) testimony identifying the bills. Martin v. Mid-America Farm Lines, Inc., 769 S.W.2d 105, 111-12 (Mo. 1989).
The pertinent case law requires employee to prove that the past medical expenses were “due” to support an award of interest. McCormack v. Stewart Enters., 956 S.W.2d 310, 314 (Mo. App. 1997). As explained in McCormack, this means employee must show that he actually paid the bills, or received demands that he pay interest on the bills, or suffered some other loss, such as a doctor refusing to provide additional treatment until employee paid his bill. Id.
James Hoffmann, attorney
314 361 4300
[email protected]
Law Office of James M Hoffmann
St. louis, MO injury attorney
314 361 4300
James Hoffmann
Missouri personal injury and workers comp lawyer.
314 361 4300
Jim Hoffmann
St. Louis injury attorney
314 361 4300
Thanks
Law Office of James M Hoffmann
314 361 4300
Jim Hoffmann
Thank you for your confidence in my practice. Glad to help those injured in Missouri.
Jim Hoffmann
In a personal injury lawsuit, the victim or claimant can be awarded compensation for pain and suffering. However, that is not the case when it comes to a workers’ compensation claim. Under the Missouri workers’ compensation system, you can only claim medical and disability benefits. Workers’ compensation generally does not pay for pain and suffering. The damages covered under Missouri workers’ compensation are defined in Section 287 of the Missouri revised statutes.
The Purpose of the Workers’ Compensation System
In some cases, an injured worker might be able to pursue both a workers’ compensation claim and a personal injury claim. If this is the case, then he or she may claim compensation for pain and suffering in a civil lawsuit. The workers’ compensation system was established to save employers from lawsuits and having to pay additional damages to injured workers. Larger employers convinced legislators to pass workers’ compensation law that benefited them by saving them from legal battles and limited the compensation they have to pay out to injured workers. The system was designed in a way that limits an injured worker’s right to recover damages.
Workers’ Compensation Benefits
An injured worker is entitled to treatment from a medical provider chosen by the employer or the insurance company, and in most cases, a wage loss benefit amounting to two-thirds of the weekly wages, subject to an upper limit established by law. If the worker is able to return to work after recovery, he or she may be entitled to permanent or partial disability benefits based on the doctor’s rating of the disability. The disability rating is based on the Missouri workers’ compensation injury chart that defines benefits for various types of injuries to different body parts.
Each body part is given a value and the benefits are defined based on which body part has suffered injury and to what extent. Many people feel that this system is far from fair as much is based on the doctor’s evaluation of the injury, and the chances are high that the doctor will be biased towards the insurance company.
The Role of the Insurance Company
Here is an example of how an insurance company can act against the interests of the injured worker. A worker falls from a ladder and suffers a serious back injury. The insurance company designates a doctor for the worker’s treatment. The doctor performs surgery and after a few days declares the worker fit to go back to work. However, the worker is still in pain and unable to work. The doctor calls it symptom magnification, or in other words, states that the worker is exaggerating the symptoms. In this situation, it would be in the best interest of the worker to seek the help of a competent Missouri workers’ compensation attorney, who will fight for the worker’s rights and ensure that the worker receives the benefits that he or she is entitled to.
Since every case is unique in nature, it is in your best interests to speak with an experienced Missouri workers compensation attorney regarding your work injuries. Contact our law office today to ensure that your legal rights are protected and you receive the compensation you are entitled to under Missouri law.
