Missouri Workers Compensation Attorney

Are Seasonal Workers Covered by Workers Compensation?

Summer is finally here! While most people are planning their vacations, dreaming about the seaside and tasty barbecues with friends, some are taking advantage of the numerous opening in seasonal employment. Whether you are a student trying to get some experience or you are looking for a way to earn extra money, seasonal work might be the perfect solution. 

What happens if you get injured on the job? Do you have the same rights as year-round employees? 

 

Why Seasonal Workers Are at High Risk of Injuries

Seasonal workers are often more prone to injuries than full-time employees. Because they lack experience, they are more likely to make mistakes that could lead to injuries. Moreover, employers aren't as rigorous with seasonal workers as they are with full-time employees. More often than not, they don't receive the same training and may not be held to the same standards. 

Most seasonal workers suffer from repetitive stress injuries as their jobs often require them to pull, push or carry heavy objects. 

 

Are Seasonal Workers Entitled to Compensation Benefits?

According to the law, companies in Missouri must carry workers compensation insurance in case employees get hurt or sick while performing their work duties. The benefits received will help the worker pay for medical bills and treatment and account for the lost wage. The law states that full-time, part-time, and seasonal employees too are entitled to compensation if they get injured on the job. 

If you hurt your back while lifting heavy cargo, then you should contact a St. Louis worker injury lawyer and file a claim as you are entitled to receiving benefits.

 

What Next?

One of the reasons seasonal workers don't get workers compensation isn't because they aren't entitled to it, but because they make numerous mistakes that affect their claim. 

The first thing you should do after a work injury is seek medical attention. Failure to do so might enable the insurance company to deny your claim. They might argue that your injuries weren't serious enough if you didn't need medical help and, therefore, they don't require compensation. 

Make sure to notify your employer of your injury too and start documenting the process. Having a paper trail of all the steps you took after the accident will maximize your chances of getting your claim approved. 

Follow your doctor's recommendations to the letter. Insurance adjusters will be watching, waiting for you to make a mistake that will allow them to suspend the payments. 

 

St. Louis Workers Comp Attorney

It doesn't matter if you are a full time, part time or seasonal employee. If you've got injured on the job, then you have the right to file a claim for workers compensation. A St. Louis workers compensation attorney can help you through this process so that you can focus on recovery instead of worrying about the legal aspects of filing a claim. Give us a call 24/7 at (314) 361-4300 for a FREE case evaluation.

What Compensation Benefits Are Available for Injured Federal Workers?

 

Workers compensation laws in the state of Missouri offer workers some peace of mind. They know that if they get injured, this insurance will generally cover medical expenses and even account for days off work. Employers can also rest assured knowing this policy means they generally cannot be sued by injured employees.

 

However, if you’re a federal employee and get injured, state compensation laws do not apply, because you are covered by the Federal Employees’ Compensation Act.

 

What Does the Law Say?

Any civilian employee working for the federal government is covered by the FECA act. Those employed in the military industry are covered by other federal policies unless they are a non-military employee.

 

Depending on the line of work you do, or the nature of your injuries, you can qualify for one of four programs:

 

• Division of Federal Employees’ Compensation;
• Division of Longshore and Harbor Workers’ Compensation;
• Division of Coal Mine Workers’ Compensation;
• Division of Energy Employees Occupational Illness Compensation.

 

Services Provided

If a federal employee is injured, they can generally get compensation for their condition in a specific timeframe:

 

• Traumatic injuries - 45 days from the claim;
• Simple occupational illness - 90 days from the claim;
• Regular occupational illness - 6 months from the claim;
• Complex occupational illness - 10 months from the claim.

 

The process itself is very similar to that of workers compensation. After the event and once you’ve received immediate medical attention, you should notify your employer in writing of your condition within 30 days after you’ve suffered the injury. Then, your employer or supervisor will report to the Secretary of Labor, and you can file for an official claim for compensation.

 

The claim must be made in writing and delivered to the office of the Secretary of Labor. From here, an investigation into the event will be made to see if there is a cause for your claim, and award compensation.

 

Know that in these cases you have a legal right to be represented in any hearings, whether you are unable to appear yourself because of your injuries, or want a lawyer to assist you through the process. Moreover, if you feel you haven’t been awarded fair compensation, you have the legal right to appeal the Secretary’s decision and ask for your case to be reviewed again.

What Should You Do?

Though it is not mandatory, you should consider speaking with an experienced workers compensation attorney if you’ve been injured at work. These state programs often involve a rather complicated process, and a lawyer with sufficient experience can help you even with all the paperwork needed for your claim, and advise you what you should do to be compensated properly.

4 Holiday Safety Tips for St. Louis Workers

If you ask a few St. Louis workers compensation attorneys what time of year yields the most work injury claims, you might find out that the holiday season is the answer. The reasons for this trend come down to a lack of sleep, increased drinking, ladder use at work, and cold weather. Fortunately, you can avoid these hazards by following the four crucial tips we detail in the sections below.

 

Don’t Fall Behind on Sleep

One of the most significant dangers workers run into around the holidays is fatigue, and it's no mystery why. This time of year is when family and friends are in town, and people tend to stay up late celebrating. As fun as doing so is, you should also make sure that you’re getting enough sleep every night. A tired employee is one that is prone to making mistakes, and errors lead to injuries.

 

Never Work While Intoxicated

Though you may never purposely work under the influence, two scenarios often play out around the holidays. First, you might get called in at a time when you think you’re going to be off all day. Rather than admit that you have been drinking and cannot work, you might try to appease your boss and go in anyways. The second is drinking late into the night when you have work early the next morning. Intoxication can linger into the next day, and you may get hurt as a result. Doing so will not only cause you pain and frustration, but it will likely disqualify you from workers’ compensation benefits.

 

Be Careful With Ladders

Those that work in smaller business might be asked to hang lights on the outside of their buildings. Doing so puts you in a vulnerable position, as you might be two or more stories in the air during cold weather. This situation can end in a tragic fall, so try to be careful when you use ladders and follow all of the common sense safety guidelines associated with them. The most important of them include inspecting before use, staying away from electrical devices, and not carrying excessive loads while climbing.

 

Bundle Up

If you work indoors, you will likely have a nice, temperate workplace. For those of you who work outside, the weather becomes a factor. Employees sustain damages from frostbite and other cold weather complications all the time, so make sure you bundle up and stay warm. Doing so will make you less likely to be affected by hypothermia, fatigue, falling, and much more.

The holidays are a joyous time of year, but you shouldn’t completely let loose during them. The reason is that this period can be dangerous for workers who are not careful. You can do your part in keeping yourself safe by following the tips on this list. Of course, you could still sustain a work injury on the job. In that case, it's a good idea to speak with a St. Louis work injury attorney to discuss your potential for collecting benefits.

Does Workers’ Compensation Cover Injuries Sustained During Travel?

Most people understand the most straightforward workers’ compensation cases, which involve an employee being injured in the workplace. A situation that is much more complicated is when a worker sustains damages during travel.

 

Between Job Sites

Some employers require their workers to travel between job sites. A typical example is a construction manager, who might be overseeing multiple projects at once and need to drive between them on the same day. In these cases, workers’ compensation will generally cover a car accident because the employee is on the clock and carrying out a job function during the event.

 

When Your Boss Tells You to Run an Errand

This is another time when workers’ compensation will likely cover you. The reason is that your boss asked you to do something, which makes it a work-related task. Additionally, you should be on the clock when this happens. If the errand you run happens before you clock on, that is a legal gray area that you can explore with an attorney.

 

Commercial Travel

Some people travel long distances for their jobs. This is frequently the case for real estate companies and businesses that manage accounts. What happens is an employee will fly out to another state to carry out a work-related task, and if they get injured while there, they will likely be covered. This coverage should be present even if the employee gets into a car accident on the way to a meal, rather than explicitly completing out a work task.

 

Traveling as a Job

For some, traveling is their job, not just a part of their job. Typical examples include bus drivers, truck drivers, and other similar professions. There is generally no legal gray area in these situations. If an employee is injured in an accident, they will almost always be eligible for benefits.

 

When an Accident is the Employees Fault

You might think that an accident being your fault would disqualify you from receiving benefits. This belief is not true in most circumstances. The reason is that workers’ compensation is a “no-fault “ system, meaning you can still obtain payment for your injuries even if the accident was partially your fault. The exceptions to this rule are extremely negligent actions like drinking and driving.

 

Commuting

The last category is commuting, and it is the only one where you will not typically receive workers comp benefits. The reason is that you driving to work is not the same as you working. Instead, you will have to pursue payment through an alternate legal system.

To sum this article up in one tidy sentence, you will almost always be covered by workers’ compensation if you were on the clock and completing a work-related function during your travel accident. If you aren’t, the legality of your situation will be a bit more complex. Regardless, it is best to talk to a St. Louis workers compensation lawyer before pursuing benefits.

Drug Testing and Its Effect on Missouri Workers’ Compensation Claims

When you are injured at work in St. Louis, there are a number of things that can happen next. What is certain is that you should report your injury as soon as possible, speak with a St. Louis work injury lawyer, and see a company doctor. What is uncertain is whether or not your employer will conduct a drug test on you. Below, we explain everything you need to know about this practice and how it effects to your potential benefits.

 

General Best Practices

If you are subject to a drug test, it will quickly become a thing of the past if you pass it. To do so, you should follow three basic guidelines: Never take any illegal drugs, never consume alcohol before work, and only take medication if you have a doctor's permission. If you follow these recommendations, your drug test will either come up clean, or you will have a prescription to explain a substance you were flagged for. Either way, your compensation will typically be safe.

 

Why Testing is Conducted

Work injuries cost your employer a large amount of money. Because of this, they want to make sure you are deserving of benefits before agreeing to pay them. One reason why you might not be eligible is if you fail a drug test. If you do, your employer may partially or fully blame you for the incident and decrease the benefits they pay out to you.

 

Intoxication Tests

The first type of test your employer might give you is one that measures intoxication. This will be given the day of your injury, and it will test if you are on a mind-altering substance at that moment. The most common of these tests is for blood alcohol content, which will determine if you consumed alcohol or not. There are a few other tests for alternate substances, but they are less reliable when it comes to measuring intoxication in the moment.

 

Broad Drug Testing

Another method your employer might use is a broad drug test. This data is obtained through urine or blood, and it measures substances in your system. Depending on the drug, you could have consumed it days or even weeks ago, and it will still show up on a test. This means that even if you were not intoxicated at the time of your injury, recent drug use could affect your case.

 

What Failing Could Mean For Your Benefits

Failing either of the two drug tests described above could reduce or eliminate your compensation. If it is determined that you were intoxicated in the moment, you will almost surely lose your benefits. If you fail a broad drug test, you are more likely to see a reduction rather than losing it all. Either way, speaking with an experienced workers comp lawyer is the best thing you can do to protect yourself.

Though many employers choose to skip post-injury drug tests, others do so readily. If this is the case in your work injury, the result could have an effect on your compensation. If you find yourself in this situation and are afraid of seeing your benefits slashed or eliminated entirely, you should talk to a St. Louis workers compensation lawyer right away.

Workplace Violence and Workers’ Compensation

 

One thing that characterizes the vast majority of workplace injuries that they are accidental. If you experience one, it will often be something like straining your back while lifting, burning your hand, or falling. Other injuries, such as workplace violence, are deliberate. In these situations, a personal is assaulted while they are working. Given the complex nature of these types of incidents, it is best to hire a St. Louis work injury lawyer if you ever experience an workplace injury. Below, we explain why they happen, what types of compensation you can obtain, and some prevention tips.

 

Why it Happens

There are three primary sources of workplace violence. The first is people from your personal life, who can approach you at work to settle private disagreements. Second, you could get into a fight with your coworkers. Workplaces can be very stressful, and sometimes people get into serious disputes with coworkers. This occasionally results in violence. Lastly, you might be negotiating with an exceptionally irate customer. If they get angry enough, they may resort to violence.

 

Can I Use Workers’ Compensation?

 

Whether or not you can use workers’ compensation often depends on the circumstances surrounding your injury. Below, we list an example of when you can use it and when you can’t.

 

Example #1: You get into a personal argument with your friend on a Friday night. Saturday morning, they decide to come into your workplace and escalate that argument into physical violence. You sustain an injury from the confrontation. In this scenario, the cause of the incident originated outside of work, so your workers’ compensation claim will likely be denied.

 

Example #2: You are working at a restaurant, and a customer is unhappy with their food. They ask for a refund, which you refuse. They become furious and end up assaulting and injuring you. In this case, the reason for your injury was work related, and you may have a strong workers’ compensation claim.

 

What are My Other Options?

 

If workers’ compensation cannot cover your damages, you could pursue a personal injury lawsuit. This kind of case is more complicated than workers’ compensation, but it allows you more freedom and higher compensation potential. A experienced attorney can help you understand if you should file a personal injury lawsuit.

 

Prevention Tips

 

Sometimes, you won’t be able to prevent this type of violence. Other times, you can stop an incident before it happens by refusing to escalate. To do this, stay calm and polite throughout your interactions with customers and coworkers. Additionally, if a situation gets out of control, you can talk to a superior instead of trying to handle it yourself.

 

Hopefully, you will never have to go through the harrowing experience of being assaulted. Not only can it cause physical damage, but it can leave emotional scars for years to come. If this ever does happen to you, and if it happens at work, speak with a St. Louis workers compensation lawyer at the Law Office of James M. Hoffmann. We can help answer you questions and help you determine what compensation you may be entitled to. Give us a call 24/7 at (314) 361-4300

 

Common Workers Compensation Benefits

 

There are times when the workers’ compensation insurance carrier will offer an injured worker a settlement for their injuries. An insurance carrier is not required to offer a settlement, nor is the injured person required to accept one, so it is important to know what you are entitled to before you decide if a settlement offer is in your best interest.

 

If you are going to consider a settlement offer for your workers’ compensation claim, it is critical that you know what you are entitled to receive for your injury. Having a reputable lawyer help you tackle your case will make deciphering everything much easier. This includes determining what type of disability you might be eligible for.

 

Permanent Partial Disability

 

If you are injured at work and it causes you to be partially, but not entirely, disabled, then you are likely entitled to collect benefits for what you are no longer able to do. If you have work restrictions or if the injury stops you from doing what you used to because your body will never be capable of doing what it did before you got hurt, then the insurance company might offer you a permanent partial disability award.

 

The insurance company or employer will typically calculate how much they have to pay for your injury and try to offer you a settlement price that is equal or a little less than what your disability will cost them. This typically comes in one lump sum.

 

Once you agree to a lump-sum payment, then you absolve the insurance carrier or employer from any further medical cost liability or anything that might arise in your physical condition in the future. This agreement can be dangerous if you aren’t sure what medical attention you might need in the future. That is why it is critical to have a St. Louis workers’ compensation lawyer look any offer over before you accept it.

 

Temporary Total Disability

 

If you are unable to work for a specific amount of time, then you are likely entitled to collect temporary total disability benefits. There are times when your employer or the insurance carrier might not have paid you for what they should have. If it is ruled that you are eligible for temporary total disability, your employer might offer you a lump-sum settlement for what they owe you for your injury.

 

If you are injured and need to have your medical costs paid, your employer might offer you a settlement to pay any medical bills. In exchange, you have to relinquish them from any further medical costs related to the original injury.

 


When you sign on the dotted line and accept a settlement offer from your employer or from a workers’ compensation insurance company, you absolve them from any further responsibility. Before you decide to take a settlement amount, it is crucial that you have a St. Louis workers’ compensation lawyer look it over to ensure that you are getting all that you are entitled to. Call (314) 361-4300 24/7 for a FREE case evaluation.

Workers Comp for a Slip and Fall at Work

If you are working in Missouri, your employer is required to carry something called workers’ compensation insurance. It is the type of coverage that is meant to take care of an employee who is injured on the job. Workers’ compensation  is different from other types of injury claims because it is not based on the theory of negligence.

 

Since workers comp is not based on negligence,  an injured employee does not have to show that someone else was neglectful and caused their injuries. However, there are other conditions that have to be met in order for someone to claim workers’ compensation.

 

Workers’ compensation isn’t just about being injured while at work. To be eligible, you have to be performing activities that are within the description of your employment duties. If you are doing anything outside of what you have the authority to do, then you will likely not qualify for workers’ compensation. For example, if you are fall while you are at work doing something that is not work-related, you would likely not be eligible for workers’ compensation.

 

Whether or not you are covered by workers’ compensation depends on what you were doing when you were injured. If you fall at work, as long as you are engaged in an activity that is in the description of your work duties, then you would be eligible to collect. If you weren’t, you may not be able to make a claim.

 

What to Do If You Are Injured

 

If you are injured at work, it is imperative to let your bosses and supervisors know of your injuries immediately. Even if you aren’t sure if you are covered under workers’ compensation, it is best to let your boss know. Once you have made your supervisor aware, an incident report will be filled out. The incident report is where the information is listed about how your injury happened and what you were doing. It is important to be honest when you are recounting the events leading to your accident.

 

When Workers' Compensation Doesn't Apply

 



If you are at work, get hurt and the injury is not deemed eligible for workers’ compensation, that does not mean that you can’t be compensated for your injuries. Although workers’ compensation is not based on negligence, personal injury is, and you can file a personal injury lawsuit.

 

Personal injury cases are based on negligence. If you can prove that your boss was negligent in some way and that it was that negligence that led to your injuries, then you might have grounds for a personal injury lawsuit. For instance, if you fell due to a crack in the tile or a slippery floor that was known about and not addressed, then you might be able to collect.

 


The only way to know for sure if your injury is covered by workers’ compensation is to file a claim and consult a St. Louis workers’ compensation attorney. A St. Louis workers' compensation lawyer will know what type of compensation, if any, you should receive.

 

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

What If I Didn't Report My Work Injury When It Happened?

 

If you are injured while on the job in the state of Missouri, you should know that your employer is generally required to carry workers’ compensation insurance. It ensures that an employer has the assets available to pay for someone who is injured while working under the authority and scope of their employment. It’s not just an insurance policy for the employee - it is a way to protect business owners from losing everything if someone is injured while working for them.

 

If you are hurt at work, then you should let your employer or manager know immediately, and you need to seek medical attention to ensure that you have the evidence to prove your workers’ compensation claim. However, what if you didn’t let your employer know that you were injured? You may wonder if you can still make a workers’ compensation claim after the fact, even if you didn’t tell anyone you were hurt?

 

What If You Didn't Report It Right Away?

 

There are times when people get hurt while working and they brush it off, thinking that it is no big deal - only to find out later that it was a huge deal. The good news is that even if you didn’t make your boss or supervisor aware that you were injured at the time, you are still entitled to file a claim. If you have the proper documentation in place to show that your injury was work-related, then you can file after the incident - but it has to be within 30 days.




What Type of Documentation Do You Need to Have?

 

To claim workers’ compensation, you need to show that you were injured while performing work-related duties. It isn’t enough just to be hurt while at work - you have to prove that you were injured while you were performing under the scope of what you were hired to do. Although this can be problematic if you didn’t report the injury when it happened, it is possible to show that your injury is real and that it happened due to work.

 

Seek Medical Attention ASAP

 

The key is to seek medical attention once you start to notice that it is more than just a bruise or sprain. You will need a physician’s report stating how the injury happened and what the diagnosis is. If you have supporting documents showing that your injury happened due to what you were doing at work, then you shouldn’t have any problem getting your injuries covered.

 


If you didn’t report your injury immediately and are having a hard time collecting workers’ compensation - or even worse, if you have been declined - you can appeal the decision. It is best to speak with an experienced workers compensation lawyer as soon as possible to help you through the complexity of proving your workers’ compensation case and getting you the medical coverage you are entitled to. If you have been injured on the job in Missouri, call the Law Office of James M. Hoffmann 24/7 at (314) 361-4300 for a FREE case evaluation.

What to Do If You Find out Your Employer Isn't Carrying Workers' Compensation Coverage

The state of Missouri legally requires employers and business owners to carry workers’ compensation insurance. Workers’ compensation isn’t just an insurance policy to make sure that a worker is compensated if they are injured while working; it also ensures that one bad accident by an employee doesn’t bankrupt a company. Unfortunately, though, not everyone follows the law.

 

Unlike personal injury, workers’ compensation isn’t based on the theory of negligence. You can be at fault for your accident and still be eligible to collect benefits. The only stipulation is that if you do collect, then unlike personal injury cases, you generally aren’t entitled to receive compensation for non-economic damages like pain and suffering. Workers’ compensation will only compensate you for economic damages, like your medical bills and lost wages from work.

 


Not only are employers in Missouri required to carry workers’ compensation insurance, but they are also responsible for providing proof of the coverage if an employee asks. If you suspect that your employer isn’t carrying workers’ compensation, then you can report them to the state. Most workers assume that their employers carry the mandatory requirements but rarely ask for proof.

 

What If Your Employer Isn't Carrying Workers' Compensation Insurance and You Are Injured?


 


If you are injured at work and can prove that you were working under the scope and authority of your employer, then you are entitled to make a claim for workers’ compensation. If your employer isn’t carrying insurance, then you can sue them in a court of law for personal injury. Not carrying workers’ compensation is one reason that you may be able to sue your employer. Under normal circumstances, if your employer is carrying workers’ compensation you cannot sue them in a court of law; you can only file a claim through workers’ compensation.

 

If you are injured while working and it isn’t work-related, but you can prove that your employer was negligent, you also may be able to sue. You would have to prove that your employer knew a risk existed, they could foreseeably know that it could result in an injury, they did nothing to make it better, and that you were injured as a result, then you do have a case for personal injury. The other instance where you can make a personal injury claim against your employer is if you can prove that your injury was intentional. Otherwise, whether you were at work when you were injured or not, if you were doing something outside the scope of your work duties then your claim will likely be denied.

 


If you suspect that your Missouri employer isn’t carrying the mandatory minimum coverage, or you are injured due to negligence or intention by your employer, then the first place to start is by speak with an experienced workers compensation attorney to learn more about your legal rights.

 

Law Office of James M. Hoffmann

2001 S Hanley Rd #325

St. Louis, MO

63144

Phone: (314) 361-4300  -- Call 24/7