benefits denied

A Workplace Injury Due to an Idiopathic Cause May Not Be Compensable

September 24, 2017 By James Hoffmann Leave a Comment

Has your employer refused your Missouri workers compensation benefits, claiming it is an idiopathic cause?

The workers who get injured while performing their duties in the workplace are entitled to get workers’ compensation benefits. They can get compensation for their medical expenses and loss of income. The future medical costs are also taken into consideration. They can receive the compensation amount in the form of a lump sum or get weekly payments until they recover completely. However, not all injuries are covered. In this article, we will talk about injuries resulting from an idiopathic cause.

The Meaning of Injury

An injury refers to the injury caused due to the job and sustained while discharging the duties associated with the employment.

A Prevailing Factor

An injury sustained in an accident in the workplace is compensable only if the mishap was the most important or prevailing factor which caused the disability or the resultant medical condition. Here prevailing factor refers to the primary factor among the other factors which are responsible for the ensuing medical condition and the consequential disability.

What is an Idiopathic Cause

Idiopathic implies that no cause or reason can be determined for a particular medical condition. Any sickness whose origin is unknown or uncertain can be termed as idiopathic.

It is taken from the Greek words ‘idios’ which means ‘one’s own’ and pathos which means ‘suffering’. So idiopathy means a disease of its own kind. The term is used when the cause of a medical condition is not readily apparent.

If an injury is sustained directly or indirectly due to idiopathic causes it may not be compensable. This argument usually comes up when a person is injured after a car accident, a fall or any other event which takes place without any apparent reason. For instance, when a person falls from a ladder in the workplace because he fainted and thereby gets injured, it may be argued that the injury was caused by the idiopathic cause of fainting.

The idiopathic conditions are those conditions which are peculiar to the individual, they are innate. Evidence has to be given to support the argument that an event is idiopathic. That means it took place due to some personal reason like a person’s physical defect or illness.

This issue is mostly raised when a worker is injured in the workplace after suffering from some medical ailment like a heart attack, seizure, loss of consciousness or an attack of asthma.

Has Your Claim Been Denied?

It may be difficult to get a compensation for such injuries. The worker should prove that the injury is directly related to their work. They can use their previous medical reports to show that they did not have any personal ailment due to which they got injured.

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.

St. Louis Workmens Compensation Benefits for Deep Vein Thrombosis

February 7, 2017 By James Hoffmann Leave a Comment

A workers compensation claim for DVT can be complicated, requiring the assistance of a St. Louis Work Comp Lawyer.

Deep Vein Thrombosis (DVT) is a blood clot that forms in a vein deep in the body. These blood clots develop when blood thickens and clumps together. Most of these clots occur in the thigh or lower leg. However, they can occur in other parts of the body as well.

Although the precise number of people affected by DVT is unknown, the Centers for Disease Control and Prevention (CDC) states that as many as 900,000 people could be affected in the United States each year. It is further estimated that as many as 100,000 Americans die each year from DVT.

In this article, we will discuss what DVT is and whether or not it is covered by workers compensation.

What is DVT?

DVT is a serious condition that can result in permanent damage to the affected leg veins and their valves, and results in abnormal pooling of blood in the leg. Some other effects of DVT include leg pain, swelling, fatigue, and even severe skin ulcers. DVT can lead to the following permanent conditions:

Leg fatigue
Warm skin
Leg and calf pain or tenderness
Discoloration of the legs
Swelling of the leg
Surface veins become more visible
Pain and discomfort while sitting and walking

DVT can also lead to serious complications if the blood clots in the veins break loose, travel through the blood stream and lodge in the lungs. These blood clots can obstruct blood flow in the lungs and cause pulmonary embolism.

There are a number of ways a healthcare provider can diagnose deep vein thrombosis, but it is most commonly detected by an ultrasound.

Is Deep Vein Thrombosis Covered Under Workers Compensation?

DVT can result from injury or trauma. It has been seen that patients who suffer trauma are at risk of developing DVT and pulmonary embolism. If a worker develops DVT after an injury to the leg, the condition may be considered compensable under workers compensation. However, the worker may have to prove that his/her DVT was a result of an underlying workplace injury.

In many cases, DVT is a result of a side effect of some kind of limb trauma, which can be as minor as a sprained foot or knee. Even orthopedic procedures and surgery of the lower extremities can lead to DVT. In short, you can develop DVT if you have suffered a leg injury, or gone through an orthopedic procedure or surgery of the lower extremity.

Seeking Workers Compensation Benefits for DVT

Now we come back to the original question, whether not DVT is covered by workers compensation. As mentioned earlier, any medical condition, including DVT is compensable as long as it is a result of a workplace injury or the treatment you received for this injury. However, claims involving conditions such as DVT are often complicated, because the insurance company can always contend that the injury is not work-related, and is a result of factors unrelated to the work. So, it is important to seek legal help from a competent and experienced St. Louis work related injury lawyer, who can protect your rights and ensure that you get the rightful benefits.

Do Women Receive Less Workers’ Compensation Benefits in St. Louis?

December 7, 2016 By James Hoffmann 1 Comment

When women get injured at the workplace, they may not be getting the work comp benefits they deserve.

A worker who gets injured at work may be entitled to workers’ compensation benefits. An injured worker generally cannot file a lawsuit against the employer and must depend entirely on workers’ compensation benefits to cover medical costs and lost wages. Workers’ compensation benefits can include ongoing disability benefits in case the injuries have affected the worker’s ability to work. If you have been injured at work, you may face some difficulties in proving that your injury is work-related and getting the benefits that you deserve. In such cases, it is important to seek help from a St. Louis worker compensation lawyer, especially if the injury has affected your ongoing ability to work.

However, in a recent article published in the New Yorker, new evidence suggests that not all workers are being treated equally when it comes to workers’ compensation. When women get injured at the workplace, they may not be getting the work comp benefits they deserve.

Women and Workers’ Compensation Benefits

Several examples are provided of how women workers may be at a disadvantage when it comes to the workers compensation system. According to the article one of the problems is related to the fact that there are higher chances of a female worker being examined by a male doctor after she sustains a work related injury.

The level of injury and disability is determined by the doctors. This directly affects the workers compensation benefits that the injured worker receives. When a female worker sustains an injury, they may be asked to undergo an examination by a doctor specializing in the particular type of injury. When it comes to specialists conducting examinations for common workplace injuries, only 3% of them are females. If a female worker is examined by a male doctor, he may likely underestimate the extent of her pain and impairment, compared to a male patient.

According to the article, another issue is that in some situations female workers are told that they will receive lower benefits for the same injuries that a male worker would have received. This is particularly true in cases of repetitive stress injuries such as carpal tunnel syndrome. Female workers, particularly older women, are considered more vulnerable to these types of injuries. It is often assumed that there are various possible risk factors for females to develop repetitive stress injuries and joint-related injuries, so they should receive less in workers compensation benefits, because the extent of damage that can be traced to work is reduced.

Getting Rightful Workers Comp Benefits

If you think you are being discriminated against, and not getting the benefits you deserve, you should seek help from an experienced St. Louis work injury lawyer.

In Mr. Hoffmann’s 20 plus years of practicing workers compensation law, he has represented clients who have suffered all types of work-related injuries. Our St. Louis legal team can provide you with answers to frequently asked questions regarding Missouri workers’ compensation and will help you get ALL of the benefits you are entitled to receive.

Call us today at (314) 361-4300 or fill out our online contact form to request a FREE 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

New OSHA Rule Affects Alcohol and Drug Testing – St. Louis Injured at Work

July 25, 2016 By James Hoffmann Leave a Comment

New OSHA reporting rules require employers to be cautious about how they use alcohol and drug testing.

Employers often require workers to submit to an alcohol or drug testing after a workplace accident. However, new OSHA reporting rules require employers to be more cautious about this testing. Often, employers will have blanket policies in place requiring each worker to be tested for alcohol and drugs. These policies often discourage employees from reporting workplace accidents. This practice is not acceptable under the new OSHA policy.

Drug and Alcohol Testing After a Workplace Accident

The new OSHA rule concerning electronic reporting of work-related injuries and illnesses does not make explicit mention of drug and alcohol testing after an accident; however, occupational experts believe that this policy does not allow the kind of drug testing that is often done after a workplace accident. Some experts are of the opinion that this policy may have a negative impact on worker safety. Employees will know that they cannot be tested for alcohol or drugs after an accident, so they are more likely to indulge in alcohol and drugs.

In clarifying the new rule, OSHA states that the rule does not prohibit drug testing of workers. However, it prohibits the use of drug testing, or the threat thereof, as a retaliation against an employee who reports a work-related injury or illness. The agency further states that drug and alcohol tests should be conducted in a way that complies with both state and federal laws. The employer needs to have a good reason to suspect that the workplace accident was the result of the employee being under the influence of alcohol or drugs.

How Employers Use Alcohol and Drug Testing

The agency also notes that alcohol or drug testing of workers may be required in some situations, but it can also be viewed as an invasion of privacy. If the workplace injury or illness is unlikely to have been caused by the worker’s drug or alcohol use, or if the testing is not likely to detect any impairment at the time of the workplace accident, it is not going to meet the new OSHA rule. For example, if the employer feels that the workplace accident could have occurred because the worker was under the influence of marijuana, there is no conclusive test to prove that the employee was impaired at the time of the accident. This happens because some ingredients of marijuana stay in the system for weeks, so there is no way to tell when exactly the worker used the drug.

Seeking Legal Help for Workers’ Compensation Claims

If you have been injured in a workplace accident and your employer is trying to deny or reduce your benefits, contact a St. Louis injured at work lawyer. Call The Law Office of James M. Hoffmann at (314)361-4300.