Missouri Workers Compensation Attorney

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.

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.

Are Heart Attacks Covered Under Workers Comp in Missouri?

The world is not black and white. Often, a lot of the questions you may have need a rather complicated answer, particularly if the question is in any way related to the legal system.

Workers compensation can help you get back on your feet after a work injury or illness. But like any law, it is not all-encompassing, and its applications are limited. As a general rule, your treatment will be covered by workers comp as long as it is proven your condition is caused by your work environment.

And in the case of a heart attack, that link may be hard to establish.

 

What Does the Law Say?

Workers compensation laws in Missouri specifically mention that idiopathic causes that result in injuries or illnesses are not eligible for workers compensation. The term refers to any illness or disease with an unknown cause or where the cause cannot be accurately established.

Here’s why it gets tricky. If you suffer from an existing condition and, as a result, get a heart attack while at work, your compensation claim may be denied. It can be argued that your medical history caused this episode. However, if you prove that the work environment aggravated your health and possibly lead to a heart attack, you may be able to get compensated for it, even if the heart attack wasn’t 100% a result of your work.

You’re probably guessing that these cases aren’t very easy to argue and you are correct. It will often come down to how well you can present your case and show the work environment caused the heart attack, even if it was only partially responsible. You should work with a St. Louis workers comp lawyer to ensure your legal rights are protected.

 

Can Your Work Give You a Heart Attack?

The environment you work in may contribute to heart issues and, in the end, even a heart attack. Generally speaking, these episodes can be triggered by:

• High-stress environment, which increases blood pressure;
• Strenuous physical activity such as lifting very heavy objects;
• Exposure to extreme heat or cold;
• Toxins exposure, etc.

Even if you are already having some health issues, if your work activities or environment make your situation worse, then workers comp benefits could be awarded to cover your medical costs. However, in the end, it all depends on if you’re able to prove the heart attack is connected to your job.

Speak With an Attorney

When people get sick or injured on the job, Missouri says they should not have to carry the cost of their treatment alone. However, workers comp cases can often be denied because the insurance company will see no link between the injury and the work environment. This is what may happen with heart attacks.

To avoid this, please reach out to a St. Louis workers compensation attorney for support and legal counsel. Give us a call 24/7 at (314) 361-4300 for a FREE consultation.

 

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.