Missouri Personal Injury Lawyer Blog

The dangers of radiation and toxic exposure are well-known today. However, when the atomic weapons programs in the United States was in full-force during the Cold War, thousands of workers at various facilities were not aware or were not informed about the potential risks of the substances they were being exposed to.

To assist in compensating these workers who have suffered various illnesses and cancers due to radiation and exposure to toxic substances, Congress approved the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), which went into effect on July 1, 2001.

EEOICPA Eligibility
Under Part B of the EEOICPA, Department of Energy (DOE) employees or surviving family members of employees who worked at a covered DOE facility, atomic weapons employer facility, or a beryllium vendor facility over a certain amount of time may be eligible for compensation and medical benefits if he or she suffers from beryllium disease, silicosis, or radiation induced cancer. As stated in EEOICPA Part B, uranium workers who were given compensation under Section 5 of the Radiation Exposure Compensation Act (RECA) may qualify for an extra $50,000 payment.

Under Part E of the EEOICPA, covered employees or eligible surviving family members of covered employees who suffer from any illness or cancer caused by toxic exposures from performing job responsibilities at a DOE facility may qualify to receive compensation and medical benefits. DOE contractors, subcontractors, and eligible surviving family members of these workers who have any illness or cancer caused by toxic substance exposure at a covered DOE facility may also be eligible. While employees for beryllium venders are not given benefits under Part E, uranium miners, millers, and additional transporters may be given Part E benefits under Section 5 of the RECA.

Navigating EEOICPA Claim Complexities
Any worker or surviving family member of a worker pursuing compensation and benefits under Part B and/or Part E of the EEOICPA has the burden of proof in providing the proper medical evidence to demonstrate the severity of their medical condition. Filing a claim under the EEOICPA is an intricate process consisting of many steps. To ensure that you and your family obtain the payments that are rightfully yours, contact Page Law. Our personal injury attorneys can assist you in the application process, speak on your behalf, and provide the quality legal representation you need. Call (314) 322-8515 today for a free, no obligation consultation.

Motorcyclist traumatic brain injury (TBI) includes a wide range of possible damage to the brain. These brain injuries can take a long time to heal and can cause serious or even permanent impairments, depending on which part of the brain is injured and how severe the damage is. According to a study by the U.S. National Highway Traffic Safety Administration (NHTSA), traumatic brain injuries pose a special threat to motorcyclists, especially when they do not wear helmets.

The NHTSA study found that, while 15 percent of motorcyclists studied were admitted to the hospital with a TBI if they were wearing a helmet during the crash, that number jumped to 21 percent for bikers who were not wearing helmets. Regardless of helmet use, motorcyclists with TBIs paid, on average, 13 times more in hospital bills, or an average of $31,979 ($2,461 for non-TBI sufferers).

Motorcycle accident victims with TBIs were also more likely to lose their lives as a result of the accident. Although TBI sufferers accounted for only 17 of all bikers admitted to hospitals due to their injuries, they made up 54 percent of riders who did not survive the crash that injured them.

Traumatic brain injury should never be taken lightly. Even a mild TBI can cause long-term difficulties with thinking, memory, concentration, and coordination. A serious TBI can cause permanent disabilities or even death. If you or someone you love has been injured in any way in a motorcycle accident, the experienced St. Louis motorcycle accident lawyers at Page Law can help. To learn more about your legal rights and options after a crash, call us today at (314) 322-8515 for a free consultation.

The Missouri Department of Workers Compensation recently released data on its activities in 2011, including how many new claims were filed and accepted. Some of the highlights of this information include:

• In 2011, the Workers Compensation Administrative Tax/Surcharge was one percent. This surcharge is attached to premiums for workers compensation insurance, and the money is used to allow the Department of Workers Compensation to do its job, including processing new claims for workers’ compensation coverage and looking into instances of potential fraud.
• A total of 112,952 new claims for workers’ compensation benefits were filed in 2011. Claims were filed in one of two ways: by filing a First Report of Injury (FROI) or by filing an employee Claim for Compensation. The total number of awards and workers’ compensation settlements offered in 2011 was 21,636. The Department of Workers Compensation investigated over 1,700 potential fraud cases in 2011 and referred 309 of these cases to local prosecutors.
• Over 1,300 hearings were heard by administrative law judges at the Department of Workers Compensation in 2011 to determine whether an initial denial or limit on benefits was appropriate. Some workers were given access to the Second Injury Fund’s benefits, although the Fund is still facing financial trouble, according to the Department of Workers Compensation.

Workplace injuries can be severe. If you or someone you love has been injured on the job, the experienced Missouri workers’ compensation attorneys at Page Law can help. Call us today at (314) 322-8515 for a free and confidential consultation about your injury case.

Fibromyalgia is a chronic pain condition that may develop after a severe injury, accident, or illness. Diagnostic criteria for fibromyalgia have only been in use in the United States since 1986, and despite years of research, physicians are only beginning to understand what causes or triggers fibromyalgia symptoms.

In 2010, new developments led the American College of Rheumatology to begin developing new diagnostic criteria for the disease. While the prior criteria relied solely on a physical examination, the new criteria also attempt to evaluate patients’ cognitive functioning and sleep patterns in order to give a fuller picture of the impairments fibromyalgia can cause.

The original criteria for diagnosing fibromyalgia required an examination of 18 “tender points,” found on both sides of the body and in various places including the knees, thighs, upper and lower back, arms, neck, and head. Many physicians, however, were not clear on how to perform the tender-point tests correctly, which often skewed diagnoses. Also, many fibromyalgia patients have less pain from their tender points on good days, which can lead to inconsistent test results.

The new criteria still use the “tender points” test, but clearer instructions are given on how to test patients for tender-point pain, and more weight is given to a patient’s reports about where and what kinds of pain he or she has over time. The new criteria also consider a patient’s cognitive symptoms, like the inability to remember things or keep track of a conversation. This criterion recognizes the existence of fibromyalgia “brain fog,” a symptom that can be more troublesome for some patients than the pain, stiffness, and muscle fatigue. Finally, the criteria also include a scale for measuring sleep quality, which is also a well-observed symptom suffered by many fibromyalgia patients and one that can make “brain fog,” pain, and fatigue worse.

Fibromyalgia is a pervasive disorder that can seriously affect your quality of life. If you or someone you love has fibromyalgia, please don’t hesitate to contact the experienced St. Louis fibromyalgia lawyers at Page Law. For a free and confidential consultation, call us today at (314) 322-8515.

Construction, mining, and agriculture caused more injuries than any other types of work in Missouri in 2010, according to a recent report from the U.S. Bureau of Labor Statistics (BLS). The injuries in these occupations were also more severe, with more injured workers having to take time off work, return with restricted duties, or quit altogether.

Last year, about 3,700 workers in private businesses suffered workplace injuries, and about 3,400 state or local government workers did. The rates were even higher in manufacturing, with about 4,600 injuries; mining, with about 4,800 injuries; and agriculture, forestry, and fisheries, with about 6,200 recorded cases. In construction, about 6,300 people were injured in residential construction alone, with another 3,100 injured in the construction of bridges, roads, and tunnels.

Despite these injury numbers, the number of injured people who were forced to take at least one day of work was relatively low across all occupations in 2010. No industry saw more than one-third of injured workers lose time from work. The occupations in which a workplace injury required time off most often were also the ones in which workplace injuries were most common: agriculture, construction, and mining.

Missouri’s workers’ compensation laws are designed to protect workers who are injured on the job. If you’re recovering from a workplace injury, the experienced Missouri workers’ compensation attorneys at Page Law can help you with every step of the process, from handling your workers’ compensation claim to holding any negligent third parties accountable for their actions. To learn more about how we can help you carry the burden of an injury, call us today at (314) 322-8515 for a free and confidential consultation.

Temporomandibular joint (TMJ) syndrome is a condition in which the joints and muscles where the jaw opens and closes on the sides of the head malfunction. TMJ syndrome is often a chronic condition, and sufferers can experience serious pain and problems with the head, neck, and jaw.

TMJ syndrome is often caused by trauma to the head, face, or neck during an accident. Many Missouri car accident survivors find themselves with symptoms of TMJ syndrome, and the condition can also be caused by a slip and fall, construction accident, or other accident that causes a blow to the head, face, jaw, or neck. While some cases are mild and resolve on their own, serious injuries can cause chronic and debilitating pain, as well as problems opening and closing the jaw, talking, chewing, yawning, playing musical wind instruments, and other activities that require use of the mouth.

Symptoms of TMJ include pain in the jaw joint and clicking, popping, or grinding noises or sensations in the jaw joint that also cause pain. Stiffness in the jaw muscles and changes in the way the top and bottom teeth fit together can also occur. If the condition is severe, it can also trigger muscle spasms in the head and neck, causing severe pain in these areas.

TMJ syndrome can be difficult to treat, and many people who develop it after an accident must live with the results, even if they cause permanent impairment. If you or someone you love has been in an accident that caused TMJ syndrome or another chronic pain condition, please don’t hesitate to contact the experienced TMJ injury lawyers in St. Louis at Page Law. Our number is (314) 322-8515, and your initial consultation by phone is free.

Missouri workers who developed mesothelioma from exposure to asbestos in the workplace can seek compensation from workers’ compensation and from other sources as well, according to the Missouri Court of Appeals. The recent decision changes the rules for mesothelioma sufferers, who used to be limited to workers’ compensation as their only chance at compensation for their work-related disease.

In the case the Court of Appeals heard, a man who developed mesothelioma after working with asbestos-containing insulation for 34 years sued his former employer and several manufacturers of the asbestos insulation. His employer, however, argued that Missouri’s workers’ compensation law limits the man to receiving only workers’ compensation, since the statute states that workers’ compensation is the “exclusive remedy” for those injured in workplace accidents.

The Court of Appeals, however, disagreed. It pointed out that while the statute says workers’ compensation is the “exclusive remedy” for workplace accidents, it is not the “exclusive remedy” for occupational diseases, such as mesothelioma. Mesothelioma is a type of cancer that is extremely rare in the general population, but quite common among workers who were exposed to asbestos, especially if the exposure lasted many years.

Under this new decision, workers who suffer from occupational diseases like mesothelioma may seek compensation from sources other than workers’ compensation. For instance, workers with occupational diseases may sue their employers for negligently or intentionally exposing them to dangerous chemicals or conditions that caused the disease.

Some occupational diseases may take years to develop, but Missouri law still allows those whose diseases were caused by their work conditions to seek compensation. At Page Law, our experienced Missouri workers’ compensation attorneys can help you with every step of the process, from filing your initial workers’ compensation claim to building a strong case on your behalf in court. For more information, call us today at (314) 322-8515 for a free and confidential consultation.

Ambassador Steel, headquartered in Kansas City, Missouri, recently won a Safety and Health Achievement Recognition Program (SHARP) award from the state’s Department of Labor. The award is given to businesses that meet strict state and federal guidelines for workplace safety.

Ambassador Steel, which makes steel rebar for buildings, has been working with the Division of Labor Standards for several years in pursuit of a SHARP award. Among other things, the company had to put together a health and safety management program for all its employees and their workspaces. Division of Labor safety specialists also performed on-site inspections at Ambassador Steel’s request, providing feedback about ways the company could further improve workplace safety. Any Missouri company with fewer than 250 employees is eligible for consultation with safety professionals via the SHARP program.

The SHARP award comes with special privileges for employers. Companies that win the SHARP award pay lower workers’ compensation premiums, and they are exempt from Occupational Safety and Health Administration (OSHA) inspections for a limited period of time following the awards grant. Thirty-six other Missouri workplaces have also won SHARP awards in the past. The Department of Labor describes the award-winning businesses as “the best of the best” at maintaining safe workplaces.

Workplace accidents can cause serious injuries. If you need help navigating the maze of workers’ compensation or seeking compensation from another source, the experienced Missouri workplace injury lawyers at Page Law can help. Call us today at (314) 322-8515 for a consultation. The consultation is free, and anything you tell us remains confidential.

An Earth City, Missouri recycling company was recently cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for violating health and safety rules, according to a recent article in Recycling Today. The OSHA’s investigation into health and safety at the plant began in June of 2011, when a worker attempting to clear a jam inside a baling machine was killed.

The citations included 22 serious safety violations and 8 serious health violations. These included situations in which potentially explosive dust was allowed to linger in the air where workers were present; employees operating loud equipment without wearing required hearing protection; and workers operating wash machines containing dangerous solvents without having the required safety clothing, such as gloves and face protection.

The company also received a “repeat” violation for using powered trucks the company knew were defective. A “repeat” violation is a second citation for the same behavior within five years. The company had received a citation for the same defective powered trucks in April 2010. OSHA has given the company until December 30, 2011 to fix the violations, and has recommended a total fine of over $195,000.

If you or someone you love has suffered a workplace injury in Missouri, please don’t hesitate to call the experienced St. Louis workplace accident attorneys at Page Law. We can help you every step of the way, from negotiating with your employer or workers’ compensation to holding negligent third parties accountable for their actions. Call us today at (314) 322-8515 for a free and confidential consultation.

According to a recent article in the St. Louis Post-Dispatch, Missouri health officials are anxiously awaiting word regarding tests on a batch of powdered infant formula that was recently removed from store following the death of a Missouri newborn who consumed it and died of a rare infection.

The source of the bacteria in this case has yet to be determined but it can occur naturally in plants such as wheat and rice. Manufacturers routinely test for such germs but this may be one case where such precautions were not enough.

Preliminary hospital tests indicated that infant from Lebanon, Missouri, died of a rare infection caused by bacteria known as Cronobacter sakazakii. Though the infection is treatable it is extremely dangerous to babies less than 1 month old and any that were born prematurely.

Wal-Mart has pulled the Enfamil Newborn formula from its shelves at more than 3,000 stores nationwide as a precaution after the death of the child. However, the next step of recalling the formula has not yet occurred as the manufacturer claims test showed no bacteria was present in the batch shipped to retailers. Further tests are underway.

Wal-Mart spokeswoman Dianna Gee said that customers who bought formula in 12.5-ounce cans with the lot number ZP1K7G may return them for a refund or exchange.

The death of a 1-month-old from Granite City is also under investigation. The girl, born four weeks premature on November 26, 2011, seemed congested before she stopped breathing early Wednesday morning. It isn’t clear if she ingested the Enfamil formula under investigation.

A third infant, from Illinois, fell ill with the same bacterial infection as Cornett after consuming several types of powdered baby formula in the last month. Fortunately that child has recovered after receiving treatment in a Missouri hospital.

Health officials suggest parents take the following steps to help guard against possible infection:

• Sanitize bottles and the nipples before using.
• Bring water that will be used in formula to a boil for two minutes.
• Discard any unused formula.

If you or someone you know has suffered a tragic accident related to infant formula, please don’t hesitate to contact the experienced St. Louis personal injury attorneys at Page Law. To learn more about how we can help, call us today at (314) 322-8515.

Source: “Baby formula pulled from shelves after Missouri infant’s death,” by Blythe Bernhard, published at STLToday.com.

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Members of the National Transportation Safety Board (NTSB) will be among those attending an upcoming meeting to pin down the causes of a 2010 bus crash in Gray Summit, Missouri that killed two people and left 38 others injured, according to a recent article in School Transportation News. A tractor-trailer and a passenger vehicle were also involved in the crash.

The accident occurred in April 2010, when two school buses were taking high school band members to Six Flags St. Louis. The first impact in the crash occurred when a pickup truck hit a tractor-trailer that was parked on the side of the road. One of the two school buses hit the pickup truck, and the second school bus rear-ended the first. The pickup truck's driver and one of the bus passengers were killed, and several more bus passengers were taken to local hospitals with serious injuries.

Investigation of the accident has been taking place since April 2010 because the causes of the crash have been difficult to pin down. At first, the NTSB and the Missouri Highway Patrol suspected that the driver of the lead school buses was distracted and unable to respond in time to the truck crash just ahead. Later information revealed that the second school bus may have been following too closely behind the first.

Commercial trucks and buses are considerably larger and heavier than passenger cars, so it's no surprise that a truck or bus crash can cause serious injuries. At Page Law, our experienced St. Louis bus accident lawyers have the legal resources and the real-life experience to help you determine what caused a crash and to protect your legal rights. For a free consultation, call Page Law today at (314) 322-8515.

In the wake of the Penn State child sex abuse scandal, Missouri’s attorney general has stated that he wants to see Missouri join the 18 other U.S. states that require any person to report to authorities if he or she suspects a child, patient, elderly person, or other vulnerable person is being abused or neglected, according to a recent article in the Southeast Missourian.

Currently, only certain professionals - like doctors and teachers - are required by law to report suspected abuse or neglect to the authorities. While other Missourians may report their suspicions if they have them, they are not required to do so. The Attorney General, however, believes that the law should be broadened to require reporting regardless of one’s profession or relationship to the person who may be suffering abuse or neglect.

Proponents of the change say it will make vulnerable people safer, including children and elderly persons facing Missouri nursing home abuse or neglect. Those who are against it, however, say that required reporting will not bring more cases of abuse or neglect to light, and may waste police resources tracking down everyone who “should” have said something.

Neglect in nursing homes is far too common, and the results can be devastating. If you believe someone you love is suffering from nursing home abuse or neglect, please don’t hesitate to contact a skilled St. Louis nursing home neglect attorney. At Page Law, we will help protect you and your loved one’s legal rights and options at every step, from contacting the authorities to seeking compensation for any injuries suffered. For a free and confidential consultation, call us today at (314) 322-8515.