St. Louis Workers Compensation & Work Injury Lawyer - Law Office of James M. Hoffmann

St. Louis Workers Compensation & Work Injury Lawyer - Law Office of James M. Hoffmann

Work Injury Attorney

Slip and Fall Accidents

6 Grocery Store Hazards That Often Lead to Workers Compensation Claims

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Working in a grocery store might seem like a nice, safe job. The truth is that it is actually very demanding and it includes many types of activities that have the potential of putting you at risk of injury. The number of tasks a grocery store employee must carry are increasing the probability of getting injured while on the job. If you’ve been injured on the job, it is a good idea to get in touch with a St. Louis work injury lawyer. They can help you recover lost wages and other benefits and you need to ensure that you get properly compensated.

Let’s explore some of the grocery store hazards that can lead to workers compensation claims.

st. louis grocery store worker

Slipping and Falling Injuries

The most common incidents that lead to injury in a grocery store are slipping and falling. Whether it’s because of wet floors, something spilled on the floor, improperly highlighted steps and doorsteps or icy parking lots, your employer will probably have to take responsibility if they did not provide a safe working environment for you. Additionally, if the cause of your injuries is a third party, you may be able to sue them separately from the workers’ comp claim.

Getting Injured while Cooking or Preparing Food

Workers in the butchery and deli sections of the grocery store handle sharp knives, saws, and burners. Handling them, combined with a busy day, lack of rest, improper safety measures of negligence, can lead to very serious injuries.

Getting Struck by a Vehicle

Working in a grocery store can lead to vehicle-related injuries too. If an employee must regularly go to the store’s parking lot, they are exposed to moving vehicles all the time. Also, employees who handle vehicles themselves can suffer serious injuries if anything goes wrong.

Being Exposed to Violent Individuals

Violent individuals can be a potential hazard for grocery store employees, especially those on night or late shifts or who work in remote areas. Robbers and angry customers can easily injure and threat grocery store employees, as they are often exposed and unarmed.

Being Exposed to Chemicals

Grocery store employees can be exposed to toxic chemicals when handling certain products. The lack of safety measures can lead to injuries.

Repetitive Movements

Some employees, such as cashiers have to do repetitive movements that can lead to long-term injuries and conditions like the carpal tunnel syndrome. Working in awkward positions and not having the proper equipment provided by the employer, such as ergonomic chairs can be an argument in a workers compensation claim.

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St. Louis Work Injury Attorney


If you have suffered any type of injury while on duty at the grocery store you work for, contact a St. Louis workers compensation lawyer and have them review the details of your case. If you qualify for workers compensation, they can help ensure your right to maximum compensation is protected right from the start of your claim. Give us a call 24/7 at (314) 361-4300 for a FREE consultation with an experienced work injury lawyer.

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Workers’ Compensation for Massage Therapists

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St. Louis massage therapists face a variety of potential dangers on the job.

If you asked any expert to make a list of dangerous occupations, massage therapy would not be at the top of it. Still, those that work in this profession face a variety of dangers. If you work as a massage therapist, understanding your injury risks is well worth your time. Here is what you need to know about massage therapy and workers’ compensation.

St. Louis massage therapist

Dangers Faced

Though massage therapists can sustain an injury in a variety of contexts, the following are the two most prevalent.

Slips, Trips, and Falls – Between giving treatment and walking through your workplace, massage therapy is a profession that involves being on your feet throughout the day. Additionally, there are many oils and other slippery substances that could be on the ground at any time. Each of these factors can lead to a fall.

Repetitive Stress – The primary danger faced in this profession is repetitive stress. Therapists work very hard to dig into their client’s muscles, and as a result, may strain themselves physically. If they do so frequently, they are at risk of injury.

Common Injuries

For falls, the primary injuries that come about are sprains, bones breaks, and bruising. Depending on the severity of these damages, you could be out of work for anywhere from a few days to a few months. Most massage therapy injuries come from repetitive stress, though. These ailments include muscle pain, joint pain, back issues, rotator cuff tears, tendonitis, and carpal tunnel. While none of these conditions are life-threatening, they can impact your ability to do your job effectively.

Are You Eligible?

Three critical details reveal if you are eligible or not. First, your injury must come about as a result of your work. If you injure yourself during a non-work task, you will not be able to collect benefits. This rule does not mean that your injury must be an acute event at your workplace, though. You can notice work-related damage anytime and still be eligible. Second, your health issues must inhibit your ability to do your job. A minor ailment likely will not satisfy the requirements, but more severe ones will. Lastly, you must be part of a medium-large sized company. If you are a freelancer or part of a company with under five employees, you may miss out on benefits.

What Not to Do

The instinct of most massage therapists is to fight through the pain. Often, they think that the discomfort they feel is a natural result of their job, rather than a legitimate injury. This is a mistake and should always be avoided. If you feel pain, ask your employer if they have a company doctor you can see about your condition. If your symptoms persist, it is a good idea to speak with an experienced St. Louis workers compensation lawyer and start the workers’ compensation process.

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Workers Compensation for Sanitation Industry Workers

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Sanitation workers carry out a critical function in our society, but the job comes with many risks.

sanitation industry workers

When you think of a fatal workplace injury, you’re probably imagining something like a factory setting, a logging operation, or a semi-truck losing control. This image is reasonable, given that those occupations are some of the most dangerous in the United States. What people often don’t think about is an industry that flies below the radar: Sanitation. In reality, sanitation workers have the fifth highest fatality rate of any job. Once you think about it, you can understand why. Their job consists of driving, using heavy machinery, and dealing with potentially harmful chemicals. If you are a sanitation worker that has sustained an injury, speak with a St. Louis work injury lawyer to discuss your options. Even if you haven’t, learning the hazards of the profession is highly useful.

Punctures and Lacerations

While much of our trash is soft, like paper or food, some of it is very hard and sharp. This could be broken glass, knives, or any other sharp objects that people throw away every day. Because these objects cannot see through the trash bags, sanitation workers are at risk of being cut at all times. Furthermore, the machinery of the truck itself has sharp edges that can easily cut through skin.

Toxic Chemical Exposure

Despite there being stringent laws about chemical disposal, a significant portion of the population does not know them or ignore them. These chemicals are usually constricted to the trash bag, but if a bag is punctured for any reason, that chemical will come out. This type of exposure can put a worker in the hospital for weeks.

Car Accidents

Any profession that involves driving is going to have some level of danger. For sanitation workers, that danger is two-fold. First, they can get into a car accident while driving their truck. Second, they can be hit while outside of their vehicle, as a pedestrian. While the first generally does not lead to severe injury, the latter can be fatal.

Blunt Force Trauma

Just like people throw away sharp objects, they also throw away heavy objects. If one of those objects falls from the compactor and hits a worker, they could be the victim of blunt force trauma. Additionally, they can be hit by the various moving parts of the truck.

Slip & Falls

Throughout their day, sanitation employees need to move around a lot. They get in and out of their truck and walk around slippery areas constantly. The result of this is an especially high number of slip and fall incidents.

Sanitation workers carry out a critical function in our society, but the job comes with many risks. Employees in this industry regularly suffer lacerations, exposure to chemicals, car accidents, blunt force trauma, and falls. If you are a sanitation worker who has been injured on the job, give us a call 24/7 at (314) 361-4300 for a FREE legal advice.

Construction Falls Covered by Workers’ Compensation

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Although not based on negligence, you do have to be specifically engaged in work activities to be covered by workers’ compensation insurance.

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Statistics show that as many as 42% of all construction industry deaths are the result of construction workers falling. The construction industry is a very risky industry in which to be employed. For this reason, if you employ more than one worker in the state of Missouri, you have to carry workers’ compensation insurance. Unlike other industries where you need to have five or more workers to be required to carry insurance for your employees, the construction field is different.

Workers’ compensation is a type of coverage that is meant to protect workers who are injured while working, but only if they are performing and engaged in the type of activities that are under the scope and the authority of their employment terms and duties. Although not based on negligence, you do have to be specifically engaged in work activities to be covered by workers’ compensation insurance if you are injured.

When are you covered if you fall at work?

If you were up high soldering a joint during a construction project and you slipped and fell, then that would be covered under workers’ compensation. But, if you climbed to the top to talk with one of your friends who was working while you were on break and you then fell, then you might not be eligible for compensation.

So, although you don’t have to prove negligence on behalf of your employer, you do have to prove that you were working under the scope of your employment duties instead of doing something of your own volition.

Can you sue your employer if you fall and are seriously injured?

The stipulation to having workers’ compensation is that if your employer carries it, under most circumstances, you are not allowed to sue them directly for personal injury. Workers compensation will pay for your medical bills and any lost wages, not the company that employs you.

You are not allowed to collect non-economic damages under workers’ compensation benefits. Therefore, your pain and suffering as well as any emotional distress that you might have suffered, would not be compensated by workers’ compensation insurance.

What if it was an egregious or malicious act that led to your injury?

Although workers compensation is not based on negligence, meaning that you don’t have to prove that your employer did anything careless that led to your accident, if they were negligent or malicious and it was blatant or intentional, then you might be able sue your employer directly.

Work Injury Lawyers in St. Louis

If you or a loved one have been injured by a fall at work, it is important that you contact a St. Louis work injury lawyer to make sure that you get all that you are entitled to, and to examine the specifics of your individual case to see what else is going on.

Have you been injured in an accident?
Call (314) 361-4300.
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Can I Receive Workers Compensation If I Am Making a Delivery and I Slip and Fall?

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If you slipped and fell while making a delivery, it is important that you understand your legal rights regarding workers compensation in Missouri.

delivery man carrying boxes

Workers’ compensation insurance is a type of insurance that is meant to protect workers who are at work and get hurt. Any business owner in the state of Missouri who employs five workers or more is required to carry insurance for their employees. Those in the construction field are required to carry it no matter how many employees they have.

Workers’ compensation is not based on the doctrine of negligence, which means that a worker could be solely to blame for their injuries and still be eligible to collect. There is a catch. The employee must be engaged in work-related activities to be eligible.

The stipulation to workers’ compensation insurance is that if you are covered by your employer and are hurt while working under the authority of your employment duties, then you can collect, but you cannot sue your employer in a court of law. Under most conditions, if you are eligible to collect workers’ compensation, then you can not sue your employer for personal injury.

When Can You Sue Someone for Your Injuries When You Are Hurt While Working?

Although you might not be able to sue your employer if you are hurt while you are working, there are occasions when a third party might be responsible for your accident, even if you are on the job. If you are hurt due to the negligence of someone else, even if you are working at the time of your injury, you may be  entitled to sue that third party for your injuries.

For example, if you are making deliveries and you enter a businesses premises and slip and fall, then you might be able to collect both workers’ compensation and sue the third party for your injuries.

If you were working in a work-related capacity as described under your job duties (like making deliveries), then you are likely covered under workers’ compensation. If, however, you are injured due to a third party’s negligence, then you may also eligible to sue the third party or the property owner if you can prove that they were negligent.

Why Would I Want to Sue a Third Party?

You might want to consider suing the third party because, although you are eligible under workers’ compensation to have costs covered like doctors bills and lost wages, you are not entitled to non economic damages. If you sue for personal injury, however, you might be able to recover your non economic damages like pain and suffering.

There is a chance that the workers’ compensation company might be able to put a lien on whatever you can recover from your personal injury suit against a third party. Seeking to recoup what they had to pay in economic damages, a workers’ compensation company might be able take some of your winnings if you can collect in a personal injury suit.

If you are hurt at work while engaged in a work-related activity, there might be times when you can collect workers’ compensation and sue the third party for personal injury. The first place to start if you are hurt on the job, is to speak with an experienced workers compensation attorney who can help you understand what you are entitled to and what type of case fits your needs best.

Call 24/7 for a FREE consultation :: (314) 361-4300

OSHA’s Rules on Slip and Fall Injuries and Your Work Injury Claim

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The new OSHA regulations may prevent as many as 5,000 slip and fall injuries each year in the U.S.

Slip and Fall at Work Lawyer

The Occupational Safety and Health Administration (OSHA) is a government agency that is dedicated to ensuring that working conditions are safe for employees. New guidelines were recently released to target the common causes that can lead to slip and fall injuries. The hope is that the new rules and regulations can prevent as many as 5,000 slip and fall injuries across the United States every year.

OSHA’s New Rules

It isn’t that OSHA doesn’t already have rules and regulations in place to make workplaces safer so that employees don’t get injured. It is just that without enough resources, not many employers even have the knowledge of what the guidelines are, much less the expertise to ensure that those rules are being followed. OHSA’s new guidelines mandate that any general industry have more safety requirements that follow along with the stringent ones that the construction industry is required to hold. It also mandates that other industries be monitored and inspected in the same manner as the construction industry.

The National Institute for Occupational Safety and Health found that the most common slip and fall injuries revolve around unsafe ladders, holes in the floor or walls, and slippery or cluttered walking spaces. Although these conditions exist across every business industry in America, it is now the duty of every employer to maintain a safer workplace for their employees. Estimates are that as many as 115 million employees will have a decreased risk of slipping and falling thanks to the new guidelines and workplace inspections.

The Most Common Types of Slip and Fall Injuries

Workers’ compensation claims for slip and fall injuries can vary widely in severity and type. The most common types of injuries are those that affect the forearm, ankle, hip, spine, pelvis, upper arm and hand. There can also be significant head injuries from a fall that can have life-altering consequences. Statistics show that the most common injuries resulted in an average of 11 days lost per incident, which can be a huge financial burden on any business or industry.

If you are injured while on the job, you must prove that your injury happened while you were engaged in work-related activities, which is not always easy to do. That is why it is imperative that you seek the assistance of a St. Louis workers’ compensation lawyer to guide you through the complexity of proving your case and getting all that you are entitled to.

If you find that your employer is not complying with new OSHA guidelines, then you can call to have your workplace inspected without fear of reprisal. Employees can call in and make an anonymous claim, and your employer is legally not allowed to retaliate against you. If you are injured and you can prove it was due to your employer disregarding the new OSHA guidelines, then their failure to comply might just be the ticket to being able to prove your slip and fall injury and make a workers’ compensation claim.

St. Louis Work Injury Attorney

If you have suffered an injury at work, a Missouri workers compensation lawyer from The Law Office of James M. Hoffmann can help you. We are committed to providing the best legal representation, giving your case the priority and attention that it deserves. We act with the strongest integrity on your behalf and negotiate aggressively to extort the benefits that you deserve as an employee.

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