Missouri Personal Injury Lawyer Blog

Missouri Governor Jay Nixon recently vetoed a bill that would have made several changes to the workers’ compensation system in Missouri. Although his office gave various reasons for the veto, the reasons given followed a similar theme: the bill would make changes that would hurt Missourians who needed Missouri workers’ compensation or other benefits after a workplace injury or illness.

The rejected bill would have made several changes to Missouri’s current system of workers’ compensation. The primary change the bill would have made was to eliminate the right of workers with occupational diseases to sue their employers for compensation, instead forcing them to go through the same workers’ compensation system as workers who are injured on the job.

Workers with mesothelioma, other cancers, and other serious diseases related to toxic-substance exposure would have had to deal with a system set up to handle immediate injuries - even though occupational diseases may take years or even decades to fully present themselves, and they often require different types and lengths of treatment than workplace injuries. The governor’s office stated that the governor vetoed the change because he believed workers with occupational diseases need the right to go to court in Missouri to seek compensation for the specific types of harm they suffered.

At Page Law, our knowledgeable Missouri on the job injury lawyers are dedicated to helping injured workers and their families seek the compensation they need, from filing a workers’ compensation claim to holding any third parties accountable for their actions. To learn more about your legal rights and options after a workplace injury or illness, call us today at (314) 322-8515 for a free and confidential telephone consultation.

Mounting research indicates that many of the 4,000 unexplained infant deaths each year may be preventable, according to a recent study published in the American Journal of Public Health. The published study looked at several thousand cases of Sudden Infant Death Syndrome (SIDS), the most common diagnosis when an infant under the age of one year dies of unintentional causes, usually suffocation.

The study found that only about 25 percent of the infants who lost their lives were sleeping alone, in a crib, and on their backs at the time. Meanwhile, 70 percent of the infant deaths over the last decade occurred when the infant was sleeping somewhere not approved for infants, like on a couch or adult bed. Researchers also found that 64 percent of deaths from SIDS occurred when an infant was sleeping with another person, often an adult.

The study concluded that better sleep situations for young children may help prevent sudden death. Although the risks of having infants sleep in beds intended for older people and the risks of infants co-sleeping with others are well known, researchers were surprised how many parents ignored the advice or simply forgot it - often with devastating results.

SIDS can be devastating to a family that loses a child, but the condition is often preventable. Caretakers of children should be aware of the risk and never allow infants to co-sleep with others or to sleep in places other than a crib. If you or someone you love has had a child injured by a caretaker, call an experienced St. Louis personal injury attorney at Page Law today. Our number is (314) 322-8515.

A bipartisan committee of Missouri legislators sat down together recently to discuss ways to save the state’s Second Injury Fund from collapse, according to a recent article in Ozarks First. If successful, the committee may preserve needed funds for thousands of Missourians who have been totally disabled as the result of MO workplace injuries.

The Second Injury Fund was founded in the 1940s. Its purpose was to provide a source of money for living and for basic medical expenses for workers who, having already suffered a workplace injury, suffered a second injury that left them totally disabled and unable to work at all. Missouri’s workers’ compensation laws require employers to carry workers compensation insurance that pays the medical bills, some lost wages, and other costs related to an initial workplace injury. The Second Injury Fund pays these costs for some workers who are disabled by a second or later workplace injury.

Unlike the state’s workers’ compensation program, which is paid for with a percentage tax on workers’ compensation insurance premiums, the Second Injury Fund is paid for with a flat fee paid by Missouri employers. This system worked until the recent economic downturn, when Missouri found itself with more people needing help from the Fund than there were employers to pay into it. The Second Injury Fund suspended processing applications last year while lawmakers scrambled for a solution. While the current committee has no answers yet, its members are committed to working together to find one.

If you or someone you care about has been injured in an on the job accident, a diligent St. Louis workers’ compensation lawyer at Page Law can help. For a free and confidential telephone consultation, call us today at (314) 322-8515.

A grain elevator company headquartered in Atchison, Missouri was cited by the U.S. Occupational Safety and Health Administration (OSHA) recently after multiple safety violations led to an explosion that killed six employees and injured two more at one of the company’s grain elevators in 2011, according to a recent article in Business Week. OSHA has also proposed that the company be fined more than $400,000.

OSHA’s citations included five willful safety violations and eight separate, also serious safety violations. The agency noted that the deaths of the six workers could have been prevented if the company had followed state and federal safety regulations, instead of ignoring them. The explosion was fueled by grain dust, which can be up to nine times more explosive than coal dust, according to OSHA. The citation noted that the grain elevator company instructed employees to use compressed air to disperse the grain dust without first making sure that nothing in the area, including the air compressor itself, could create a spark that might cause an explosion. The fatal explosion that occurred in 2011 was triggered in this manner, says the agency.

OSHA also noted that the company had failed to use cleaning procedures that would prevent grain dust from becoming explosive and had also failed to take steps to prevent ignition sources from coming into contact with the dust.

Workplace accidents can cause serious and even fatal injuries, especially in industries where hazardous conditions are common. At Page Law, our practiced Missouri on the job injury attorneys have helped many injured workers and their families seek the compensation they need after an accident. For a free, confidential consultation, call us today at (314) 322-8515.

Media coverage of dog bites often focuses on the biting habits of “fighting breeds,” such as pit bull terriers, or of guard dog breeds, such as Rottweilers or Doberman Pinschers. However, any dog may bite if provoked, and many breeds that are billed as good “family dogs” are also responsible for a large number of dog bites each year, according to a study from the National Institutes of Health.

The study examined 419 dog bite cases involving children up to twelve years of age. It analyzed the number of bites inflicted on various body parts, the reasons given why the dogs had bitten, and the breeds identified in each case.

The study found that German Shepherd dogs and German Shepherd-mix dogs inflicted the most dog bites, followed by collies and Labrador retrievers - two breeds often recommended for families with children because of their generally gentle natures. Breeds raised for fighting, like pit bulls and chow chows, appeared on the list, but so did dogs like poodles and beagles.

In short, the study concluded dogs are most likely to bite if they are provoked or feel threatened, or if their owners have failed to socialize and train them properly. These facts are true regardless of the dog’s breed. Therefore, the best way to prevent dog bites is to train dogs properly and to treat strange dogs with caution until you know their habits.

Dog bites can cause serious harm, pain, and suffering. If you or someone you love has been bitten by a dog, call the experienced dog bite injury lawyers in Missouri at Page Law today for a free and confidential telephone consultation. Our number is (314) 322-8515.

Todson, Inc. and the U.S. Consumer Product Safety Commission (CPSC) recently issued a recall of Todson’s “Topeak Babyseat II” Bicycle Carrier Seats. The hinged grab bar leaves a space in which a child can fit his or her fingers. If someone tries to lift the child out of the seat while the child’s fingers are in this space, the child’s fingers can be crushed beneath the grab bar, resulting in severe child injury or amputation. The company has already received two complaints in which children required stitches or other emergency care due to crush injuries.

The recall applies to seats with the model numbers TCS2100, TCS2101, and TCS2102. The seats are made of grey plastic and were sold in three models: baby seat, baby seat with rack compatible with disc brakes, and baby seat with rack compatible with non-disc brakes. A black foam protector covers the blue grab bar, which is operated with a red handle. The seats were sold online and through bicycle retail stores between January 2009 and April 2012 for approximately $150 to $180 apiece.

Owners of the recalled child seats should stop using them and contact Todson, which will supply a repair kit free of charge. Once the repairs are made, the seat may be used again.

If you or someone you love has been injured by a defective product, don’t wait: call the dedicated St. Charles County product liability attorneys at Page Law today. For a free and confidential telephone consultation, call our office at (314) 322-8515

Recently, the Missouri Supreme Court heard arguments in a case that challenges a 2005 state law capping the amount of non-economic damages for things like pain and suffering, mental anguish, and loss of the ability to fully enjoy life in medical malpractice cases at $350,000. The Court is expected to give a written opinion in the case in the coming months.

The case argued before the state Supreme Court involved a child, now five, who suffered severe brain injuries at birth. The baby suffered cerebral palsy and other brain damage, which the family argued was caused by the negligence of his doctor during his birth.

Last year, a jury in Greene County decided the child should receive nearly $5 million in damages, including nearly $1.4 million in non-economic damages for his suffering and the severe disabilities caused by his birth injuries. However, the family may only receive $350,000 of that $1.4 million due to Missouri’s damages caps. The family’s argument to the state Supreme Court is that the cap violates both the right to trial by jury and the right to equal protection, since in a similar case not involving medical personnel, the jury’s original verdict would have been upheld.

Even mild birth injuries can cause permanent impairments that will affect a child for his or her entire life. Severe birth injuries can lead to lifelong severe disabilities or even death. If you or someone you love has been injured during a birth, call the aggressive St. Louis personal injury attorneys at Page Law today. We will help you figure out what happened and hold any negligent parties accountable for the harm their actions have caused. For a free consultation, call Page Law at (314) 322-8515 today.

A fatal hunting accident in Missouri may result in an investigation, a wrongful death lawsuit, and/or criminal charges, depending on the circumstances of each individual case. Now, Missouri lawmakers have added another possible penalty: a hunter who is responsible for the death of another person in a hunting accident may lose his or her hunting license for up to ten years, according to a recent article in the Kansas City Star.

The Missouri Senate recently passed a bill increasing the penalty to a ten-year revocation of a hunting license. The Missouri Conservation Commission is responsible for deciding whether the penalty should apply in any given case and for enforcing the penalty if they decide to enforce it. Currently, Missouri has a similar penalty on the books that calls for a five-year license suspension if one hunter injures another in an accident, but there is no separate penalty if the injured person dies as a result of the accident. Lawmakers hope that the new measure will help fill this gap.

You can improve your own hunting safety by taking safety classes, always handling firearms and other weapons in a safe and responsible manner, and wearing a bright vest or other article of clothing to signal other hunters that you are a person, not prey. If you are injured by another hunter, however, please don’t hesitate to contact an experienced Missouri personal injury attorney at Page Law. We can help you thoroughly investigate your case and hold any negligent hunters accountable for their actions. Call us today at (314) 322-8515 for a free, confidential case evaluation.