Missouri Workers Compensation Attorney

Workplace Safety Regulations and Workers' Compensation in Missouri

In Missouri, workplace safety is a priority, governed by both state and federal regulations. These regulations are designed to ensure a safe working environment for all employees, regardless of their industry or job role. The Occupational Safety and Health Administration (OSHA) sets forth federal standards that employers must follow to minimize hazards in the workplace. Additionally, Missouri has its own set of regulations that complement federal standards, providing additional layers of safety for Missouri workers.

The Role of Employers in Maintaining Safety

Employers in Missouri are required to adhere to these safety regulations strictly. This includes ensuring that the workplace is free from recognized hazards, providing safety training to employees, and maintaining compliance with industry-specific safety standards. It's essential for employees to be aware of these regulations and their rights to a safe workplace.

Workers' Compensation in Missouri

When accidents happen at work, workers' compensation comes into play. In Missouri, workers' compensation is a system designed to provide benefits to employees who suffer job-related injuries or illnesses. This system operates on a no-fault basis, meaning that employees can generally receive benefits regardless of who was at fault for the injury.

Coverage and Benefits

Missouri's workers' compensation provides various benefits, including medical care, rehabilitation services, and compensation for lost wages. The specific benefits an injured worker can receive depend on the nature and severity of their injury.

Reporting Injuries and Filing Claims

It's crucial for injured workers to report their injuries to their employer as soon as possible. Missouri law sets specific deadlines for reporting injuries and filing workers' compensation claims. Failure to adhere to these deadlines can affect the eligibility for receiving workers’ compensation benefits.

Navigating the Workers' Compensation Process

Navigating the workers' compensation process can be complex. While the system is designed to be straightforward, various factors can complicate a claim, such as disputes over the nature of the injury or the amount of benefits due.

The Importance of Legal Assistance

Having legal assistance can be beneficial, especially in cases where a claim is denied or when the injury is severe. A knowledgeable attorney can help navigate the complexities of the system, ensuring that the injured worker's rights are protected and that they receive the full benefits to which they are entitled.

Speak With a Workers Compensation Attorney 24/7

If you or a loved one has been injured at work in Missouri, it's important to understand your rights and options under the workers' compensation system. The Law Office of James M. Hoffmann can help. With years of experience in handling workers' compensation cases, our team is well-equipped to guide you through the process and help you secure the benefits you deserve.

Don't navigate the workers' compensation system alone. Contact the Law Office of James M. Hoffmann 24/7 for a free case evaluation. We are here to help ensure that you receive the support and compensation you need to recover and move forward. Call us today at (314) 361-4300 for your free case evaluation.

4 Potential Reasons Your Workers' Comp Checks Stopped

If you’ve been injured on the job, you know how overwhelming and stressful the experience can be. Not only do you have to deal with the physical and emotional impacts of your injury, but you may also be facing financial challenges. That's where workers’ comp benefits come in. These benefits are designed to help cover your medical expenses and lost wages, providing you with a lifeline during this difficult time.

However, there are times when these workers comp benefits can be stopped or denied, even if you were initially awarded them. In this article, we’ll explore some of the common reasons that workers’ comp checks can be stopped so that you can take proactive steps to protect your claim and get the support you need.

Gaps in Medical Treatment

One of the key factors that can impact your workers’ comp benefits is the consistency and continuity of your medical treatment. If you take a long time to return to the doctor after being awarded benefits, it can create a disconnect between your current symptoms and the symptoms you presented when you suffered your workplace injury. This can make it difficult for the insurance company to determine whether your current treatment is related to your work injury, and they may stop paying your benefits as a result.

The Independent Medical Exam

Another potential roadblock to receiving workers’ comp benefits is the independent medical exam (IME). This is a common practice in the workers’ comp process, where an insurance company hires a doctor to assess your medical condition and determine whether your treatment is necessary and related to your work injury. If you fail to attend an IME, it can be interpreted as uncooperative behavior, and the insurance company may use this as a reason to stop paying your benefits.

The Functional Capacity Exam

A functional capacity exam (FCE) is another tool that insurance companies may use to assess your medical condition and determine whether you can return to work. During an FCE, you’ll be asked to perform various physical tasks to assess your abilities. If the FCE examiner believes that you are exaggerating your pain or diminished abilities, they may report this to the insurance company, which can use this information as a reason to stop paying your benefits.

A Private Investigator

In some cases, insurance companies may hire a private investigator to gather evidence on your activities and determine whether you can return to work. This can include surveillance footage of you performing tasks that violate the restrictions set by your workers’ comp doctor or that show you doing more than you claim to be capable of. If the private investigator finds evidence of this nature, they may try to use it as a reason to stop your workers comp benefits.

St. Louis Workers Compensation Attorney

As you can see, protecting your workers’ comp benefits requires knowledge and preparation. By understanding the common challenges that workers comp claimants face and taking proactive steps to protect your claim, you can increase your chances of receiving the benefits you are entitled to.

At the Law Office of James. M. Hoffman, our St. Louis workers comp attorneys are dedicated to helping our clients navigate the workers’ comp process and get the benefits they deserve. Whether you are facing challenges with your workers’ comp claim, or have questions about your rights and options, our team is here to help. Reach out to us for the legal support and guidance you need.

Call (314) 361-4300 for a free case evaluation.

 

Which Employees Are at a Higher Risk of Workplace Accidents?

Employees are every company’s valuable asset. They provide the skill, dedication, and commitment essential for keeping the business running. However, some employees are more likely to be involved in work accidents than others. In this article, we'll discuss five categories of employees more likely to be involved in a workplace accident and the reasons behind this.

 

First Year Employees

Newcomers to any workplace face an increased risk of accidents and work-related injuries due to their lack of experience with safety procedures and protocols. First-year employees may not be familiar with their company's safety expectations or may not yet have developed the muscle memory needed to perform tasks safely. Additionally, first-year employees may be more likely to take risks or shortcuts if they feel pressured to prove themselves in their new roles. Finally, first-year employees may be more likely to take risks because they are still learning about their capabilities and limitations. All of these factors contribute to making first-year employees more at risk of workplace accidents.

 

Seasonal Employees

Seasonal workers present a unique challenge for employers when it comes to safety. These workers are often only with the company for a short period and may not have received the same amount of safety training as permanent staff members. Additionally, seasonal employees may be less invested in the company's safety culture and more likely to take risks if they feel that their jobs are temporary. 

 

Add to this the fact that most seasonal employees may be juggling multiple jobs, which may demand long working hours under tight deadlines, and it’s not a wonder that these employees are often fatigued and distracted, which increases their risk of being in a workplace accident.

 

Workers with Language Assistance Needs 

Workers who are not proficient in the predominant language spoken at work may be at an increased risk of workplace accidents for several reasons. First, these workers may not understand safety instructions or signage if they are only written in one language.

Additionally, these workers may be afraid to ask questions about safety procedures for fear of reprisal or discrimination. They may also be less likely to report unsafe working conditions or to speak up if they witness an accident. All of which puts them at a disadvantage and increases their risk of being in a workplace accident. 

 

Workers in New Roles

When workers are assigned to new roles, they may be at an increased risk of workplace accidents due to their lack of experience in that particular job function. These workers may not yet have developed the skills needed to perform their tasks safely, or they may not be familiar with the specific hazards associated with their new roles. Additionally, these workers may feel pressure to prove themselves in their new positions and could take unnecessary risks. 

 

Shift Workers

Shift workers may also be more at risk of workplace accidents. This is because they often work when most people are asleep and, as a result, may be tired and less alert. Additionally, shift work can disrupt the body’s natural sleep cycle, which can lead to fatigue and drowsiness. Furthermore, shift work can cause stress and anxiety, further impairing alertness and concentration. And finally, shift workers may have fewer opportunities to take breaks, which can lead to overwork and increased risk of accidents.

 

Speak With a St. Louis Work Injury Attorney

As you can see, some workers are more at risk for workplace accidents than others. If you fall into one of these categories and are injured at work, don't be discouraged - you may be entitled to workers' compensation benefits. At the Law Office of James. M. Hoffman, our St. Louis work injury lawyer has over 30 years of experience and understands how overwhelming and stressful workplace accidents can be. We're here to advocate for you and help you get the compensation you deserve. 

Give us a call 24/7 at (314) 361-4300 for a free case evaluation.

Do I Have to Return to Work After Workers Comp?

 

Generally, injured workers need a couple of weeks and sometimes months to recover from workplace injuries. During this time, they're out of work. This can be a major financial burden given that their normal-life needs and expenses don't go away simply because they're injured.

 

Fortunately, through workers' compensation, employees injured on the job can receive benefits that help cover their medical expenses and lost wages.

 

But what happens when workers' compensation ends? Do injured workers have to go back to work? What options do they have? Here's what you need to know about workers' compensation and what happens when it ends. 

 

When Does Workers' Comp "End"?

 

For most people, this phrase conjures up images of returning to work and earning a paycheck again. However, in legal terms, "the end of workers' compensation" doesn't necessarily mean returning to work. Instead, it refers to the point at which an injured worker is no longer entitled to workers' compensation benefits.

 

This generally happens when you've reached maximum medical improvement (MMI). MMI is the point upon which an injured worker's condition is not expected to improve further with medical treatment. In other words, they've hit a plateau in their recovery and are as good as they're going to get. At this point, the workers' compensation insurance company will often stop paying benefits because there's no longer a need for medical treatment.

 

Does This Mean That an Injured Worker Has to Go Back to Work?

 

Not necessarily. In fact, many workers who reach MMI are still unable to return to their previous job or any job. This is because their injuries may have left them with permanent impairments that prevent them from performing the duties of their old job or any other gainful employment.

 

In these cases, the workers' compensation insurance company may be required to provide additional benefits in the form of permanent disability payments. These payments are meant to compensate the injured worker for their reduced earning capacity due to their impairment. They are based on a percentage of the worker's pre-injury wages and can last for the rest of their life.

 

So, to answer your question, "Do I have to go back to work after my workers' compensation ends?" Well, it really depends on your individual situation. If you're able to return to work, then you will. But if your injuries have left you with a permanent disability that prevents you from working, you may be eligible for permanent disability payments.

 

If you're unsure what to do when your workers' compensation ends, it's a good idea to speak with an experienced workers' compensation attorney. They can help you understand your rights and options to make the best decision for your future.

 

At the Law Office of James. M. Hoffman, we've been helping injured workers in Missouri for over 30 years, and we're here to help you too. Conveniently located in St. Louis, we offer free initial consultations and contingency fees, which means you don't owe us anything unless we win your case. Call us today at (314) 361-4300 to schedule your free consultation.

Does My Employer Need to Carry Workers’ Comp Insurance in St. Louis?

Not all employers are necessarily required to carry workers’ compensation insurance in Missouri. However, most companies are required to have workers' comp insurance in case of work injuries. 

Let's discuss the basics of workers’ comp, which employers are generally required to carry workers’ compensation insurance, and what to do if you are injured on the job and your employer does not have workers’ compensation insurance.

What Is Workers’ Comp Insurance?

Workers’ compensation insurance is a type of insurance policy that employers carry to protect themselves and their employers from liability at work. This type of policy is a bit different than other types of insurance like auto insurance, because it generally pays out regardless of who was at fault. 

Whether you or your employer were at fault for the accident, you will be covered. Once you file your claim, you will typically receive 2/3 of your wages weekly, coverage for medical costs, and a lump sum payment if you are eligible for Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits.

 

When Do Employers Need To Carry Workers’ Comp Insurance?

There are two basic criteria that any company must meet in Missouri to require workers’ comp insurance.

First, if the employer has 5 or more people working for them – either full or part-time – they are generally required to carry a workers’ compensation insurance policy, regardless of their industry. 

Second, if your employer operates in the construction industry and your employer has one or more employees who “erect, demolish, alter, or repair improvements,” Missouri law requires them to carry workers’ compensation insurance. This is true even if there are fewer than 5 full or part-time employees.

If your employer meets either of these criteria, they are legally required to carry a workers’ compensation policy. If they don’t, they may be violating the law. 

 

What If I’m Injured And My Employer Doesn’t Have Workers’ Comp? 

If your employer should have workers’ compensation but they don’t carry a policy and you’re injured on the job, you speak with a St. Louis work injury lawyer as soon as possible. Your lawyer will help you file a personal injury suit against your employer to recover the damages you deserve. In addition, you may qualify for compensation from the Missouri Second Injury Fund, which can help injured workers cover their expenses in certain cases. Working with a St. Louis workers’ compensation attorney can be very helpful when filing with the SIF, since you can get the guidance you need throughout the process of filing your claim.

 

Get Help From An Experienced Workers’ Compensation Attorney Right Away 

If you are injured and your employer doesn’t have workers’ compensation insurance, get in touch with a work injury attorney in St. Louis ASAP. Your lawyer will work with you to take the appropriate legal action, and ensure you get the compensation you deserve for lost wages, medical bills, and pain and suffering caused by a work injury.

Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.

Medical Treatment for a Work-Related Injury During the COVID-19 Pandemic

The COVID-19 global pandemic has uprooted many facets of daily life. Injured workers, however, who have been receiving medical treatment prior to the pandemic are now faced with difficult questions that don't seem to have an easy answer.

Should you continue your worker’s comp treatment right now, or should you wait until the coast is clear? We will discuss a few things to consider, however it is important to understand that this decision should be discussed with your doctor.

 

Worker’s Comp Laws

Worker’s compensation is a state-run program that helps injured workers seek medical treatment and gain other benefits. However, there are some criteria you must meet to be eligible for these benefits, the most important being that your injury or illness must be work-related.

If your worker’s comp case was approved, then you are likely seeing a doctor chosen by your employer or the insurance company, per state laws. In some cases, the employer may agree to allow the injured worker to see their own doctor, but reality proves these instances are rare.

But here is an issue with workers comp: you have the responsibility to follow the worker’s comp treatment plan to the letter. This means that if you do not take your medicine, go to the doctor’s appointment, or take part in activities your doctor forbids, you may lose your benefits. The insurance company can argue there is no point in paying for a treatment you will not follow anyways.

 

What Does This Mean?

It likely means that if you stop your medical treatment without discussing it with your doctor first, you could lose your benefits. Even if it’s because something as serious as a global pandemic if you chose not to continue your treatment, the insurance company may refuse to pay for your other benefits.

You need to speak to your worker’s comp doctor about any worries you have at this time. It is possible for them to decide to, say, delay certain parts of your treatment such as physical therapy to avoid putting you at risk for a potential virus infection.

If your doctor is the one that decides it’s best for you to stop your treatment during the pandemic, then your benefits are generally safe. The insurance company may not like it, but they generally cannot interfere with your doctor’s decision.

 

What If My Doctor Says It’s Safe?

There is a possibility for your doctor to refuse to interrupt your treatment in spite of the pandemic. You may be able to reason with them and reach a compromise, but the best thing you can do in this case is discuss this with your workers compensation attorney.

This is an unprecedented time, and the truth is a lot of people don’t know how to act. If you do not already have an experienced workers compensation attorney protecting your rights, it is a good idea to get in touch with one as soon as possible. An experienced attorney can help ensure that you get the full amount of compensation you are legally entitled to and help protect your benefits.

Call the Law Office of James M. Hoffmann 24/7 at (314) 361-4300 for a FREE case evaluation

Workers Comp Benefits for the Mental Health of Police and Firefighters

 

The Ruderman Family Foundation commissioned a paper in which it was found that police and firefighters are more likely to die by suicide than in other lines of work. The paper was published in 2018, but even recent analysis seems to suggest the situation has not greatly improved.

 

The many atrocities police and fireman can face recurrently are the major factors that can cause them to develop mental health issues, which increases their risk of suicide. This one of the biggest reasons why workers compensation must be made more accessible for mental health issues.

 

What Leads to Suicide?

The reasons why a person may want to take their life can be complex, but in the case of firefighters and police, many experts agree the nature of their work is a common factor. High-levels of stress, witnessing gruesome events, and stigma regarding mental health can also contribute greatly to the situation.

 

But even if an officer or a firefighter manages to push through all the factors that may prevent them from asking for health, it doesn’t mean workers compensation is guaranteed. Unfortunately, the matters are a bit more complicated than that.

 

What Can Go Wrong?

In Missouri, workers' compensation laws do also cover mental health services. The state recognizes that emotional and mental issues developed as a result of a person’s work are just as eligible for compensation as physical injuries, so at least from the perspective of the law, there is not much push here.

 

However, it may be difficult to have a claim for workers comp approved if the injury or illness in question is depression, PTSD, anxiety, or another mental health issue. And the reason why is that workers comp laws apply solely to work-related injuries and diseases. When there is a physical injury, in particular, it is a lot easier to establish this link. 

 

However, in the case of mental health problems, this connection may be more difficult to show. If an officer or firefighter was exposed to a critical situation, an argument can be made that them witnessing it has lead to the mental disorder. But the mind is very complex, and not everyone will show signs of mental troubles immediately after a traumatic event. It can take years until any symptoms are noticed, which may make it even more difficult to prove the condition is work-related.

 

Abandon All Hope?

Not at all. First of all, there is no guarantee that it will be difficult to access workers comp benefits for mental health issues. However, even if the insurance company does not reimburse the costs of your treatments without any problems, you still have options. Reach out to a St. Louis workers compensation lawyer who can help you build a case and prove your issue is work-related.

Can Your Diet Increase Your Risk of Workplace Injuries?

Before you pop open that can of soda or order French fries instead of rice or a salad, stop! Studies show that there is a connection between employees' diets and lifestyle and their likelihood of getting hurt at work. In other words, what you eat can have an impact on your safety and increase your chances or workplace injuries. 

 

Here's how that's possible. 

 

Going for Too Long without a Snack Can Affect Your Judgement

You're not yourself when you are hungry says a famous chocolate bar commercial, and it's correct. 

Your blood sugar can get low if you go too long without a meal. You will start feeling lethargic, light-headed, and you may have difficulties focusing and processing information. All these factors can lead to errors that could endanger you and those around you.

Take a break whenever you are offered. If that is not possible, then have a snack to keep your blood sugar levels within parameters. Make a habit of packing healthy snacks like fruits, finger veggies with hummus or cream cheese.

 

You're Eating Too Many Saturated Fats

Studies show that a diet high in saturated fats can affect brain health. Numerous reports show that there is a connection between consuming food with a high amount of saturated fats and an increased risk of dementia. Declining cognitive functions can affect your judgment and decision making, which can put yourself as well as others at risk. 

Try to reduce the consumption of saturated fats by replacing fast-food meals with fresh fruits, raw vegetables, and home-cooked meals. 

 

Too Little Protein Can Make You Sluggish

Protein deficiency can cause a variety of health problems, such as weakness and fatigue, mood changes, tiredness, and difficulties concentrating. Not only that, but those with low levels of protein often find that their injuries take longer to heal. That may be because your body is not producing enough collagen, which is essential for making blood clots. So, if you get injured and have low levels of proteins, then you may be looking at a longer recovery period. 

Doctors advise that 10% of our calorie intake should come from protein. Food such as yogurt, beans or chicken breast are some healthy options. 

 

Prevention Is Key

You are what you eat, and what you eat can affect you on a large scale. The food you consume can not only make you unhealthy but put you at risk of getting hurt too. 

 

If you were injured while doing your job, then a healthy lifestyle or not, you have the right to receive compensation for your medical costs and lost wages. Talk with a St. Louis work injury attorney right now and they will tell you what you should do next and how to maximize your chances of receiving compensation that reflects the extent of your injuries.  

Violence at Work - Do I Qualify for Workers Compensation?

 

When you think about a work-related accident, there’s usually a specific image that pops into your mind: a slip and fall, a run-in with a forklift, a machine malfunctioning, or even just repetitive actions that can, in the end, lead to carpal tunnel.

 

But if you’re in a fight at work, and get injured, as a result, is this type of event eligible for workers comp?

 

Understanding the Law

The Missouri workers comp laws state that workers may receive compensation for their injuries that have a direct connection with their work, whether it’s an accident that took place while performing a task, or even an illness caused over time by the environment.

 

The laws also have a no-fault standard. This means that, in order to access workers' comp benefits, you do not have to prove your employer was negligent or directly responsible for your accident and injuries. This protects the worker even from mistakes made by other co-workers. The no-fault rule also protects the employer for not getting sued by the injured employee for negligence.

 

Based on the no-fault rule, it may mean that injuries sustained during a fight at work could be eligible for compensation. If your employer doesn’t have to be directly involved in the action that has caused you harm, then a fight among co-workers could be compensated as long as it took place on the ground where you work. 

 

Your Role in the Fight Will Come Into Question

If you instigated the fight and launched the attack, then that may prevent you from getting workers' compensation benefits for your injury. Though workers comp has a no-fault standard, attacking someone on purpose is considered an assault or battery, meaning you committed a criminal act. Even under normal circumstances, workers' comp coverage does not extend to workers doing something illegal at the time of the accident. 

 

However, if you were the victim, meaning the other worker attacked you, it’s possible you may have a case, though you can expect to have to answer a few questions about what lead up to the event:

 

• What was your relationship with your co-worker?

 

• What did you say, or do right before the attack?

 

• Do you have a history of being involved in workplace violence?

 

If it is found you instigated the fight, even if you did not throw the first punch, it’s possible for your claim to be denied.

 

What Should You Do?

If you were attacked at work, either by a coworker, client, or another person, you may have a case for workers comp. Reach out to an experienced St. Louis workers compensation lawyer for help in filing the claim and receiving benefits.

 

Technically speaking, injuries sustained in a fight at work are eligible for compensation as long as you can prove you are the victim in this scenario. A lawyer can help prove it and protect your legal rights.

Can You Earn Extra Money While Receiving Workers’ Comp Benefits?

A workplace injury is often quickly resolved with a trip to the emergency room, and maybe a few days off work. However, some employees aren’t so lucky and have sustained injuries that prevent them from going back to work for a while.

 

During this time, their financial situation can take a hit, particularly if they are the breadwinner in the family. But the question is, can you make some extra money on the side while on workers’ comp?

 

Understanding the Law

Workers’ compensation laws in Missouri are designed to help the injured worker get back on their feet after an injury. Apart from covering all the relevant medical bills (meaning those that are directly resulted from the workplace injury), workers in Missouri will also receive partial lost wages.

 

If your treating doctor says you cannot go back to work for a certain period of time, then legally you are generally entitled to 66 2/3 percent of your weekly wages, which will usually be paid every week by the insurance company. This is designed to help you focus on your treatment until the doctor clears you to get back to work.

 

What about Extra Wages?

Earning extra wages while on workers' compensation could potentially affect your claim. The rationale is this: if you are too sick to go back to your job (where you got injured), then how are you able to perform tasks at another job to earn extra wages?

 

If the insurance company discovers you are making extra money, they may hire a private investigator to follow you and see if your injuries are truly that bad. Additionally, you are legally required to follow the recommended treatment your doctor gave you, and if you don’t, then the insurance company may stop paying the benefits.

 

For instance, if the doctor said you should be on bed rest for two weeks, but then you are spotted up and about at another job, that’s a clear violation of your treatment. The insurance company could rightfully think you may have exaggerated your wounds and stop giving out the workers' compensation benefits. In worse cases, they may even take legal actions against you because lying to get workers comp is considered insurance fraud.

 

Where the Lines Get Blurry

In today’s market, some jobs don’t even require you to get out of your home. As a result, it is possible to earn extra money even while on bed rest. For instance, if you have an online business on the side, and it generates revenue, that may not be a problem. However, the insurance company will most likely still investigate. It is best to discuss your situation with an attorney.

 

Speak With a Work Injury Lawyer

Reach out to a St. Louis workers comp lawyer for additional support in this case. The lines can get blurry rather quickly, and any mistake puts your benefits at risk. An experienced lawyer can protect your rights and handle the process. Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.