Missouri Workers Compensation Attorney

Why Social Media Is Not A Workers’ Compensation Beneficiary’s Friend

If you are injured in a work-related accident, then you might be eligible to collect workers’ compensation. Workers’ compensation is mandatory in Missouri, and it is a type of insurance that companies and employers take out to ensure that if one of their workers is injured on the job, they have the means to cover the cost of the injury.

Workers' compensation claims are different from personal injury claims in that you don’t have to prove that your employer was negligent. Since it’s not based on fault, even if you are responsible for being injured while working, you are typically still eligible to collect. The only stipulation is that you have to be able to prove that you were performing under the scope of your employment duties. It isn’t enough to be at work and hurt; you actually have to be at work, working, to be eligible.

If you are injured on the job, it can be alluring to post your injury to social media - but you have to be extremely careful. Just like other types of insurance carriers, workers' compensation companies are not in the business of making sure that everyone is paid to the maximum to make them whole. Their objective, like any other business, is to limit their costs and liability. If they are at all suspicious of the extent of your injury, whether it happened while you were working or if you are really injured, social media is likely the first place they will go to investigate what you are up to.

Don’t post any details

Even though you want to tell everyone about your massive fall at work, don’t post your version of events to social media. If you say one thing that indicates that you might have been doing something outside of what the scope of your duties are, then the insurance company may have the right to deny you eligibility. Save your stories for when you are with your friends; don’t post them for the world to see.


Don’t post any pictures of your injuries or activities

If you hurt your back while lifting in the warehouse, you are not going to want to post pictures of yourself that will allow them to question your injury. Whatever you post online is out there for everyone to see. If you are injured, you don’t want to give the insurance carrier any grounds to rescind your eligibility or call your injury into question. Also, if you have recovered enough to return to work, then you have an obligation to do so.

Social media is an excellent way to stay connected to those around you - just remember what you put out there is for the world to see, including the workers’ compensation insurer handling your case. To ensure that your injuries, how they happened, and their severity isn’t called into question, stay off of social media.

 

Law Office of James M. Hoffmann

2001 S Hanley Rd #325

St. Louis, MO

63144

Phone: (314) 361-4300

 

 

Returning to Work After a Work-Related Injury - St. Louis Worker Comp Attorneys

Workers' compensation is a type of insurance that is used to protect employers and employees alike when injuries happen while on the job. Like a safety net, the benefits of workers' comp were designed to compensate the employee for their injuries and return them to working in the same meaningful capacity as before the injury. A person who files a workers’ compensation claim may be entitled to several types of benefits.

Medical Care

If you are injured while you’re on the job and performing within the scope of your employment capacity, then you are generally entitled to receive compensation for your medical bills. Included in your medical costs and bills are things like prescriptions, travel expenses to and from medical appointments, and - when necessary - hospital stays.

Temporary Disability

If you are injured while on the job, then you may be entitled to receive temporary disability payments. These are payments made to an employee as partial payment of their lost wages. Although specific to each employee, temporary disability benefits are typically about two-thirds of what the employee’s average gross weekly pay is and they are paid out about every two weeks. Usually, the first temporary disability check arrives within the first few weeks after the claim is approved.


Permanent Disability

If your injuries are extensive enough that you can no longer work in the same capacity, then you may be awarded permanent disability. Permanent disability means that the employee is completely unable to work in the same capacity as they did before they were injured. The amount that the employee receives is a calculation of how much they were earning before the accident and how much they would likely make after. Factors that are considered are age, earnings at the time of the injury, and the occupation that they were working in.

Vocational Rehabilitation


If an employee is no longer capable of working in the same capacity, then they might be eligible to receive vocational rehabilitation or training to find them a new career path. The idea behind the vocational rehabilitation is to find them a new type of job that will be as lucrative as the one in which they can no longer work.

What if you return to work?

If an employee returns to work after they are injured, and they receive either the same amount that they were receiving before they were injured - or more - the workers' compensation benefits will likely cease. If the employee is still getting less, then they might be eligible to receive partial payments due to their decreased earnings.


If you are injured while on the job in Missouri, it is important to understand what type of benefits you are entitled to and how returning to work might affect your workers' compensation eligibility and payments. To understand how the workers' compensation system works, it is an excellent idea to contact a St. Louis workers' compensation lawyer to ensure that you receive all that you deserve and that you don’t jeopardize your workers' compensation benefits by not getting the help you need.

 

Law Office of James M. Hoffmann

2001 S Hanley Rd #325

St. Louis, MO

63144

FREE case evaluation :: Call 24/7 :: (314) 361-4300

Do Pedicures and Manicures Pose an Injury Risk to Salon Workers?

While many people enjoy a good pedicure or a manicure at their favorite salon, not many of us are aware that those who provide these relaxing services are often overworked, underpaid and may be exposed to serious health hazards. A recent investigation by the New York Times has revealed some startling facts about working conditions in salons. In this post, our St. Louis work injury lawyer will talk about the risks faced by salon workers.

Chemical exposure in the workplace

Salon workers can get exposed to harmful chemicals in various ways including:

• Breathing: Workers can inadvertently inhale dust, vapors and mist. The chemicals can then get absorbed into the lining of the lungs, and from there, they can enter the bloodstream.
• Ingestion: No one would ever eat or drink a beauty product, but a worker could swallow some of these chemicals if they do not keep their food and drinks covered.
• Skin contact: If a beauty product comes in contact with the skin, it can get absorbed into the body.

Hazardous chemicals salon workers come in contact with

• Acetonitrile: This chemical is a part of the glue remover and any exposure can cause breathing problems, weakness, nausea and vomiting.
• Butyl Acetate: This is found in nail polish and can cause irritation in the mouth, nose and throat and headaches.
• Methyl Methacrylate: MMA is found in various beauty products and can cause loss of smell, difficulty concentrating and asthma
• Ethyl Methacrylate: It is also found in nail polish and can cause irritation in throat, mouth and nose.
• Toluene: It is used in nail polish and glue and can case irritation in throat and lungs, headaches, kidney damage, liver damage and other complications.

OSHA has created a set of rules for employers to ensure the safety of salon workers. OSHA recommendations include:

Respiratory system protection: NIOSH has created filtering respirators that help protect the worker from inhaling vapors, dust, and even chemical gases.

Avoid contact with eyes and skin: Protective glasses and gloves can help prevent contact with harmful chemicals. So, they should be made available to the workers.

Proper ventilation: It is advisable to leave the windows open the windows open to let fresh air to flow through the salon. Proper ventilation units should be installed.

The New York Times investigation has revealed that the salon workers they interviewed were mainly immigrants, and many were worked for months without pay. Even when they were paid, the wages were meager. The workers were often reluctant to report their employer, because they worked without a license and were afraid of punishment. The workers reported that if an OSHA representative visited the salon, the unlicensed workers were made to escape through the back door.

 

If you have been injured while working in a salon, you might be entitled to workers compensation benefits. Speak to a competent St. Louis workers compensation lawyer to understand your rights. Call (314) 361-4300 today.

Powered Industrial Truck Accidents in the Workplace - St. Louis Attorneys

A number of vehicles and machines are used to move bulky objects, load semi trailers, lift pallets and shift materials from one place to another on construction sites. They are referred to as powered industrial trucks or PITs. Almost all major industries use PITs to some extent. Some industries may use them specifically while others may use them to move their products from the factory to consumers. They may use PITs like forklifts, motorized hand trucks and pallet trucks. In this post, our St. Louis work related injury attorney will discuss PIT accidents and what measures can be taken to avoid them.

Safety Requirements

OSHA has classified these moving or lifting trucks into 11 categories. It has clearly specified a safety protocol which should to be followed while using these vehicles at any time. The safety standards laid down for these vehicles includes the use of tags and detailed ID plates to identify them.

Specific rules and regulations have been clearly stated. They specify the type of truck and the environment in which it can be used or should not be used, and which kind of truck is permitted or forbidden to handle certain materials.

How Employees Often Get Injured

The operators of powered industrial trucks and forklifts work under hazardous conditions. Their occupation is extremely dangerous and accidents are very common. Even if they are trained for the job and the work is done in accordance with the safety guidelines, there are chances of getting injured at work.

No wonder, thousands of workers get injured seriously every year. OSHA states that every year nearly 85 people die in forklift accidents. Approximately, 35,000 people sustain severe injuries in PIT and forklift accidents per year.

The powered industrial trucks pose a danger to their operators and to other employees as well. Some common reasons for these injuries are:

• The supervisor may ask the workers to lift or move an unsafe object.
• The workers may use a machine which is not designed for the particular job.
• The employees may have to handle dangerous materials.
• The workers may make a mistake.
• The objects being lifted or moved may fall.
• A worker may be crushed or pinned between an item and the forklift.
• There is a risk of being run over or struck by the powered industrial truck.
• The PIT may crash, tip over or go over a ledge.

Remedy for the Situation

According to OSHA, nearly a quarter of the PIT injuries can be avoided if the person who is operating the machine or vehicle is trained properly.

Powered industrial trucks and forklifts are widely used. Millions of them are being operated all around the world. So great care has to be taken to avoid accidents which can cause severe injuries and even death. In fact, the safety requirements laid down for such vehicles must be followed to the letter. Besides giving appropriate training to operators, only the machines which are suitably equipped for the specific task should be used.

If you are injured on the job, you are generally entitled to workers compensation. To ensure that your legal rights are protected right from the start of your claim, it is a good idea to speak with an experienced workers compensation attorney. Call the Law Office of James M. Hoffmann at (314) 361-4300 for a free case evaluation.

 

 

Law Office of James M. Hoffmann

2001 S Hanley Rd #325

St. Louis, MO

63144

Phone: (314) 361-4300

Hamstring Injuries - St. Louis Workers Compensation Attorney

Hamstring injuries sustained at work

The three muscles located in the back of the thighs are known as the hamstring muscles. They may get injured due to several reasons. Sometimes, it may be a minor injury which can be taken care of at home. However, a serious injury may require medical assistance and much rest. This means that a worker who sustains a hamstring injury on the job will likely be facing lost wages and mounting medical expenses. Fortunately, workers can seek workers compensation benefits for a hamstring injury.

How Do Hamstring Injuries Occur

A hamstring injury occurs when a person puts a lot of strain on the hamstring muscles, or pulls them, and thereby tears them. Usually, sportsmen who play basketball and soccer sustain such injuries because they run and stop suddenly. Workers may hurt their hamstring muscles while performing their work-related duties.

There is a greater chance of hamstring injuries when a person's quadriceps are more developed, compared to their hamstring muscles.

When the hamstring muscles are injured the area generally becomes swollen and the person experiences severe pain in the back part of the thigh.

Workers compensation for hamstring injuries

A worker who has injured his hamstring muscles may not be in a position to walk because it may not be possible to put his weight on the injured leg. Even if he manages to do so, it may be very painful to walk.

A worker who has injured their hamstring typically cannot go back to work until they have recovered completely because there are chances of sustaining another injury. If a hamstring injury is not given due care, the other muscles, tendons, ligaments, cartilage, and the kneecap may also get injured.

If a worker is injured while performing his duties at work he should inform the employer as soon as possible. He should also contact a doctor and get medical assistance promptly.

Why Compensation May Be Denied

If you have been injured, your employer and their insurance company may say that there was a prior injury which led to the present one and therefore deny your workers compensation claim.

But this is not an adequate argument to deny reimbursement. A worker can claim for compensation even if there was a pre-existing injury.

Workers have to show that work is the major reason for the injury they have suffered. They will have to prove that the pre-existing injury has been worsened by the work performed by him. The worker can show the previous imaging along with the existing imaging to confirm that a new hamstring injury has occurred due to the workplace accident.

The worker can also present other pieces of evidence. They can use the documents related to the medical treatment and the recommendations of the doctors. It is generally in your best interests to speak with a St. Louis work injury lawyer for help proving that the hamstring injury is work related and you get the benefits you deserve.

 

Can Pain Medication for Workplace Injury Prove Dangerous in the Long Run?

Workplace injuries can cause a lot of pain. Sometimes the pain isn't so bad, and can be treated with some off the shelf painkillers such as ibuprofen or paracetamol and eventually the pain goes away and we no longer need the help that these painkillers offer us. However, for a lot of people who are claiming workers compensation for injuries sustained in the workplace, injuries are more severe, the pain is much worse, and they may last a long time.

If you have suffered an injury in the workplace, the workers compensation doctor may of course want to prescribe you painkillers if you are in a lot of pain. These pain killers are likely to be prescription strength, which means they are much stronger than any you can buy over the counter. You may be given opioid medications such as oxycontin, percocet or lorcet. Which painkiller you are prescribed will be decided by your doctor.

Safety Concerns

Of course there are risks with taking any type of medication. Nothing is without the risk of potential side effects. However, there is evidence that taking opioids comes with an increased level of risk. So much so that the recommended guidelines for dosages have recently been changed by The Center for Disease Control. It has also been recommended that doctors be more careful when prescribing larger doses.

Why have they made these changes?

It has been observed that prescription opioids put patients at risk of addiction and of overdose. A link has been found between high dose prescription opioids and increased risk of overdose.

The problem is, often you will not really have much choice when it comes to deciding whether or not to take your opioid pain medication. If you are in severe pain, you need to get this under control. You cannot live in a great deal of pain, so you will have no choice but to take the pain medication you are prescribed, regardless of the risks. These medications are highly effective for pain relief and there are very few other options are that are as effective relieving pain.

So should you panic about potentially dangerous opioids?

The short answer is usually no. With the new guidelines in place, you are not likely to be given a large dose that is going to cause you to overdose or become addicted to it. If you need these stronger pain killers, your doctor will decide that they are the best for you, and you probably shouldn't resist taking them. They will lower your pain levels and this will help your body to recover from your injuries. These opioids are of course more expensive than standard painkillers that you'd buy from the pharmacy, but they will generally be covered by workers compensation benefits. If you have concerns because you were previously addicted to prescription medication, it is best to discuss this with your doctor. They can help you determine what your options are.

Need some advice on your workers compensation benefits? Get in touch with an experienced St. Louis workplace injury lawyer. Call (314) 361-4300 for a free case evaluation.

The "Going to and Coming from Rule" - St. Louis Workers Compensation Lawyers

What Is The "Going to and Coming from Rule"?

Missouri employers that have more than five employees generally must carry something called workers’ compensation insurance. This insurance coverage will pay for any work-related illnesses or injuries to employees that result while on the job. There are exclusions to the benefits that a worker is entitled to as well as specific conditions that must be met to qualify for workers’ compensation coverage.

The “coming and going” rule of workers’ compensation applies to injuries that occur while an employee is commuting to or from their job or place of employment. In most states worker are not entitled to recovering for damages that are a consequence of regularly commuting to and from work, but workers' comp benefits generally do apply when the transportation is job-related. There are exceptions to the commuting rule that you might be eligible to receive benefits for.

There are specific conditions where going from one place to another is work-related and under the scope of your work responsibilities. Therefore, an argument can be made that they are an injury that happens during the scope of your duties. Special conditions that might apply are:

Commuting in a company car

If you are driving to work via a company car, or a company owned vehicle, and you sustain an injury, you might be eligible for workers’ compensation coverage. The company car, however, can be defined very differently, and the definition has all sorts of variables. For example, there could be an argument made, that if you are traveling in a company car that has the logo of the company you work for on it, and you sustain an injury, you might be able to make a claim that it was work-related. Due to the logo, and depending on other related factors, you might be able to claim that you were advertising for the company when the injury happened.

When traveling is a requirement of your job

If part of your work-related duties is traveling, then you might be able to be covered by workers’ compensation. Occupations, where an employee might be covered, may include a pilot, or a bus or truck driver.

Traveling from one site to the next

If your job requires that you travel from one job site to the next, traveling relates to your job duties.

Commercial traveler

If you are away on a business trip, it is generally considered within the scope of your job requirement, and, you are likely covered if something should happen.

Special mission

If your boss or manager sends you to do something for the company, then you might be covered if you are injured while performing the special act even if it is not a specific job that is related to your normal scope of activities.

If you are wondering if you are covered by workers’ compensation while you are on the job, or even off, the best way to determine your rights or responsibilities is to consult a St. Louis workers’ compensation lawyer to ensure that you are getting the benefits that you are entitled to.

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

Employment Terminated While Receiving Workers Compensation Benefits

If you're off work and receiving workers compensation benefits, can your employer terminate your employment? Well there is no simple answer to this. You cannot be fired simply because you have put in a claim for compensation, however you can be fired for other reasons while you are on leave awaiting the outcome of your workers compensation claim. If you need help dealing with a termination during this period it's a good idea to get in touch with a St Louis work injury lawyer as soon as possible. They will be able to give you good, reliable advice as to how to proceed and deal with this situation.

Should you avoid filing a compensation claim to avoid losing your job as a result?

No. You may feel that it would simply be easier and in your benefit to not file a claim for compensation but instead to rely on your own health insurance or use your sick days and other work benefits to get over your injury or illness. The problem is that when you seek medical help for your problem, your doctor may well ask if the injury is work related. In this case they will then bill the insurance provider of your employer. This puts you in the position where you have no choice. You will have to file a claim for compensation.

You can still lose your job while on compensation leave

While you cannot be fired simply for putting in a claim for compensation, you can be fired for another reason, as long as it is not related. If you feel your employment was terminated because of your claim and not for the stated reasons, you will have to prove this. An experienced workers comp attorney will closely examine all the documentation and help you with this. Your employer will need to prove that you performed badly at your job before the accident or you had a bad attendance record. If the claims are actually true then they may be within their legal rights to fire you. The problem is, when you are off work seeking a compensation claim, an employer may look for any reason at all to get rid of you. Otherwise they are legally required to keep your job open for you until you have recovered. This is something many employers are not happy about. They simply can't permanently replace you.

Only when it is decided by a medical professional that you cannot return to work due to your illness or injury can your employer terminate your employment. They may offer you another position. For example if you cannot stand for long periods but your work involved a lot of walking then they may offer you an office position. This is entirely up to your employer though. There is no legal requirement for them to do this.

If you have been injured on the job, it is in your best interest to speak with a workers compensation as soon as possible to ensure your legal rights are protected. Call (314) 361-4300 for a free case evaluation.

Dangers Faced by Road Workers - St. Louis Workers Compensation Lawyers

With the huge number of road accidents being reported around the country on a daily basis, roadways, highways and interstates are often considered some of the most dangerous places to work. Roadways workers, who build, maintain and repair roads are at a constant risk of injury and death from vehicles plying on those roads. The risks are the highest for public utility workers, construction workers, and others who keep the roadways and sidewalks fully operational. In this post, St. Louis work injury lawyer will talk about the risks these worker face while working beside a roadway.

Key statistics

According to 2014 statistics, car accidents all over the United States caused 669 fatalities among roadway workers. This alarming number indicates that about 2 fatal accidents occur on the roads every day. Moreover, this rate has been steadily increasing since 2011, when the number was about 590 fatalities per year. About 80 deaths were caused by large vehicles like SUV’s and pick-up trucks between 2011 and 2014.

Workers face several risks in the work zones such as the danger of being crushed by or pinned down by high speed heavy vehicles. These crushing accidents are the third leading cause of work zone fatalities, with about 14% fatalities being caused by collision accidents and 48% caused by run-over or back-over accidents.

How location and time affects the risk

The location of a roadways worksite and the time the construction work is in progress greatly affects the fatality and accident rate. Usually, rural, arterial interstates and roadways, that are often narrow without much room for plying vehicles and workmen, have higher fatality rates. This is largely due to the higher speeds at which people drive their vehicles. Rural interstates have a 19% fatality rate and rural roadways have a 25% fatality rate.

Another important factor for high accident and fatality rates for roadways workmen is that these workmen often have to navigate buildings and obstacles, which makes them unaware of oncoming traffic. Around 19% fatalities occur on urban interstates and freeways.

Time also plays an important role in the frequency and severity of the accident. The visibility is low for drivers and construction workers who work during the early morning hours, in the evenings, at night, or in inclement weather. These factors, depending on the density of the traffic, can also affect the rate of accident and fatality.

Types of injury risks face by roadway workers

While not all work zone accidents lead to worker fatalities, but most of them cause serious injuries.

• 2.5 percent of work zone accident injuries are incapacitating
• 9.5 percent are non-capacitating requiring extensive treatment
• 15% accidents cause minor injuries like lacerations, minor injuries and broken bones, and non-life threatening injuries.

Such injuries often lead to loss of wages due to absence from work during treatment and recovery period. In addition to these, the cost of medical treatment could be high, especially in cases where the injuries are more severe.

It is important that the injured workers report their injuries promptly and seek workers compensation benefits. An experienced St. Louis workers compensation lawyer can help navigate the system and get the benefits you deserve.

Amputations Resulting from Workplace Injuries - St. Louis Lawyers

Loss of limb is among the most severe injuries that a person can sustain.

It can have an immediate and permanent impact on the worker’s livelihood. In 2014, as many as 4,900 workers sustained injuries requiring amputation. The loss of a leg, hand or arm can ruin a career and make it impossible for the worker to continue working in the same job. Amputations are also among the costliest injuries to recover from. In this post, our St. Louis worker injury lawyer will explain how loss of limb can cause the person to lose his/her livelihood.

Occupations at high risk of injuries leading to amputations

Construction workers are at a high risk of suffering limb amputations at work. Entanglement with heavy machinery, sharp saws, and bring crushed under improperly secured construction materials can cause severe injuries to hands, fingers, legs and arms. Apart from the workers in the construction industry, workers in the manufacturing and food processing industries too report high rate of amputation injuries. Although OSHA requires companies in these sectors to strictly adhere to safety guidelines and recommendations provided by state and federal agencies, the risk of amputations in these sectors is still significant.

In these sectors, amputations often result from accidents involving inadequately or improperly guarded equipment or machinery. These include:

• Circular saws
• Grinding machines
• Band saws
• Conveyor belts
• Punch presses
• Food slicers
• Drill presses
• CNC milling equipment
• Metal shears
• Meat grinders
• Forklifts
• Power presses
• Milling machines
• Printing presses
• Roll-bending and roll-forming machines
• Trash compactors

Although a large percentage of amputation injuries are reported in the aforementioned sectors, the reality is that amputations can occur in any industry, and in any job. A salesman traveling for work can also suffer an amputation in a motor vehicle accident.

Treatment and rehabilitation

A standard amputation injury requires 5-14 days of hospitalization. However, complications can extend this time period significantly. Complete recovery can take much longer if we factor in fitting of prosthesis, physical therapy, psychological counseling and other necessary treatments.

The wound typically heals within 2-4 weeks after the surgery, but the recovery period often extends to months and even years depending on the nature of the amputation and whether or not there are any complications.

The road is recovery is often long and tiring, not to mention the treatment expenses and costs of care that can run into hundreds of thousands of dollars. Amputations are considered the costliest of injuries, so the financial strain on the worker can be immense.

The disability rating of the worker who has suffered an amputation is determined by the extent of the injury and its impact on the worker’s ability to do perform his/her duties. The loss of a limb generally results in a permanent disability rating, while loss of fingers and toes often results in a partial disability rating.

If you have suffered an amputation at work, it is in your best interests to speak with a qualified St. Louis workers compensation lawyer who can compile all necessary documentation that shows the exact impact the injury will have on your livelihood and your ability to continue working in the profession. Give us a call 24/7 at (314) 361-4300 to schedule a free case evaluation.