Missouri Personal Injury Lawyer Blog

The (OSHA) Occupational Safety and Health Act, enacted by the federal government, mandates safe working conditions for all employees. When an employer does not correctly comply with said workplace safety standards and a worker is injured, a workers compensation claim will generally ensue.

Workers compensation is typically the exclusive means by which an employee can receive compensation for a work-related injury. Although the employee need not prove employer fault or negligence to receive compensation, the employee can only recover certain forms of relief. Workers’ compensation has safeguards for both the employee, in terms of assuring some compensation, and the employer, in terms of only requiring the payout of specified damages.

When an employee is injured in the course of employment, obtaining a skilled personal injury attorney is as necessary as seeking medical attention. Although most believe workers’ compensation claims only involve the injured employee and employer, often times, more than one employer will be brought into a workers compensation claim and several legal issues will arise in the course of investigations. By finding an experienced workers’ compensation attorney, you are completing an essential step on the way to a successful claim.

A worker recently injured on the job in St. Louis, exemplifies how work injury claims may deal with several issues and employers. In one recent case, an employee was injured while working at an elementary school and was hired by a project manager and subcontractors for construction work. The worker was hurt by falling ceiling debris in an elevator shaft at the elementary school and is claiming OSHA standards were violated because there were no safety precautions taken. The lack of construction nets is being argued as a foreseeable danger.

Continue reading "St. Louis Workers Compensation Claim Follows Construction Accident" »

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Workplace safety is not an option for employers. The federal government requires that all employers provide a safe working environment free from any hazardous or harmful conditions for their employees. When such harmful conditions are present in a workplace, employers will likely be liable for any injuries from unsafe workplace conditions.

The Occupational Safety and Health Act (OSHA) of 1970 mandates safe working conditions in America and provides the workplace standards by which employers must abide. When an employer does not comply with the OSHA standards and an employee is injured, a workers compensation claim will likely ensue.

Workers' compensation provides guaranteed compensation to employees injured in the course of employment; however, the amount of compensation that can be recovered is limited. Therefore, a workers' compensation claim also safeguards employers from paying any excessive costs beyond which is set for certain bills and lost wages, despite the fact that an employee may suffer greater damages.

An example of an employee who suffered damages beyond that which was set per workers' compensation is seen in the case of a paralyzed truck driver. In this case, a former independent truck driver was involved in a loading dock accident that paralyzed him from the chest down. The injured worker received payment through workers' compensation settlement agreement, however the payments were not great enough for the amount of medical bills, lost wages and life altering damages the man experienced.

Continue reading "Workers' Compensation and Workplace Safety a Right, Not a Luxury" »

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A married couple in Texas has filed a benzene claim against… 41, yes 41, chemical and oil companies. The couple has filed on a myriad of claims in regard to the husband's cancer he allegedly got from unsafe benzene exposure at work. The couple alleges the oil and chemical companies did not adequately test products before making them available in widespread markets. They also claim the availability caused several individuals harm through health complications and contracting cancer.

The man alleges that the chronic lymphocytic leukemia he was diagnosed with was directly caused through routine benzene exposure at work. The man worked in a chemical lab as a technician and was exposed to benzene and benzene products on a daily basis. This allegedly led to the development of his cancer. The suit alleges that the oil and chemical companies failed to warn them of foreseeable health risks related to benzene exposure, as well as stating the companies failed to study other risks associated with being around benzene routinely.

With help from a products liability attorney, products liability claims against the product manufacturers and workers' compensation claims against the man’s employer were filed. Other personal injury claims were filed for the wife’s suffering and losses in dealing with her husband's traumatic situation.

Continue reading "Texas Couple Files 41 Products Liability and Workers Compensation Suits" »

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When you are involved in a work-related accident and suffer injury, there are many important things you need to know in order to make sure you are justly compensated for your injuries. First, make sure that you receive immediate medical attention; it is crucial to your case that you have firm evidence from a credible source. By visiting a medical professional and having formal evaluations of your condition, you are putting yourself in the best position possible to prove your case and show sustained injuries.

Next, it is important to obtain a skilled workers' compensation lawyer who has a reputation for successfully and aggressively handling said claims. Your workers compensation lawyer will be an asset to a successful work-related injury lawsuit. An experienced personal injury lawyer will be able to advise you of what steps to take to ensure just compensation and will also be able to tell you the processes involved so you are in tune with everything that goes along with a lawsuit.

Basically, evidence is crucial to any lawsuit, and especially those involving work-related suits. By speaking with an attorney you will learn how to handle the suit in order to protect your rights. Unfortunately, employees are sometimes quick to speak to their employers and lose out on additional recovery simply because they do not know the proper procedure to handle a lawsuit in order to preserve all possible claims.

Continue reading "Workers' Comp Claim… What You Need to Know" »

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Workers compensation laws in Missouri require employers to compensate employees for costs associated with workplace injuries. Medical costs, temporary disability costs and some permanent disability costs are included through workers compensation laws.

Employees automatically have a right to recover for work-related injuries in Missouri; however, when an injury causes future illnesses or health conditions, it must be proven that the illness was directly caused by the initial work injury. This requirement can cause complexities because health issues can be linked to other factors, like heredity or preexisting conditions. Meaning, timely medical assistance and reports are important, not only to aid your injury but also in proving future related health conditions.

In a recent Missouri case, Kliethermes v. ABB Power T&D, an employee suffered from several heart complications after an electrical injury he received on the job. The problem in this case was that the plaintiff was unable to prove in court that his heart conditions were causally connected to the workplace injury suffered because he didn’t seek immediate medical attention.

The facts of the case are as follows: The plaintiff previously had a heart condition, which doctors classified to be mild as he still participated in regular work activities as well as cardiovascular exercise without difficulty or strain. Plaintiff, received an electrical shock due to unsafe conditions while at work, throwing him against a barrier fence. The plaintiff was unable to work after the injury, feeling extremely weak and tired. He was later hospitalized for uncontrollable heart conditions after medicine was unable to stabilize his heart and blood pressure.

Continue reading "ABB Power T&D Employee's Hesitation Costs Him Greatly" »

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Workers compensation claims in Missouri are relatively simple to understand in principle. Basically, employees are automatically provided certain types of compensation for injuries sustained in the course of work, and employers are assured in knowing how much they will have to spend without ever worrying about future court and legal expenses.

However, workers compensations claims are not always so cut and dry in practice. Issues arise constantly in the course of workers compensation claims, such as with billing or when amounts paid by an employer to the employee (or their family) turns out to be incorrect.

In a recent Missouri case, an employee died from unsafe asbestos exposure at an electric company. The electric company was ordered to pay the man’s widow a weekly death benefit. Somehow through billing errors, the company had overpaid the widow around $20 extra a week until they realized the mistake-- when the overpayments accumulated to over $4,000.

The electric company brought the widow to court based on the first workers compensation claims to dispute the amounts paid and to seek reimbursement for extra monies paid.

Continue reading "Workers Comp Simple on Paper, Complex in Practice" »

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It was recently reported that a lawn care company employee drowned while working in East Naples, Florida. The decedent was doing lawn work when the lawn mower he was operating flipped into a homeowner's lake. The man's widow has filed a personal injury lawsuit against the employer lawn service and the property owner.

A wrongful death personal injury lawsuit was filed alleging negligence. The suit claimed the employer was negligent for asking the man, who could not swim, to cut a lawn near a deep lake.

Certain family members can generally bring a wrongful death suit when a defendant can be found to have caused or at least partially caused the decedent's death. Wrongful death lawsuits suits can arise through various claims. Some examples include: medical malpractice, car accidents, truck accidents, motorcycle accidents, and occupational exposure to unsafe circumstances.

A workers' compensation claim was also filed in the above case. Such suits seek compensation for injuries that occur when a worker is injured in the course of employment.

Continue reading "Man Drowns When His Lawnmower Falls Into Lake" »

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Washington State is now implementing a rule aimed to curb heat-related illnesses suffered by outdoor workers during the summer. Such heat-related illnesses were regularly contributing to workers' compensation claims.

The law, which is set to begin on July 5, will require employers

1. to train employees and supervisors to be able to recognize heat-related illnesses

2. to provide extra water when temperatures reach a certain level

3. to be able to respond to heat-related illnesses and determine if medical attention should be sought

The rule was put in motion to mandate adequate workplace safety, setting out items necessary to being able to manage increasingly hot temperatures with outdoor laborers. Washington partially adopted this regulation in response to the continuous growth in workers compensation and death claims related to heat stress and heat stroke.

Workers’ Compensation laws are in place to regulate claims arising from injuries occurring during the course of employment. The law discussed above in Washington serves to expand aspects of workplace safety regulations in order to avoid the increasing claims due to heat-related illnesses suffered by employees. Important information about Missouri workplace safety regulations can be found on my Workers' Compensation website.

Continue reading "Heat-Related Illness Training, Measures to be Implemented" »

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After man died in a steam pipe explosion while working at Duke University, concerns over workplace safety conditions are coming about. The man was working in the basement of a research building when a steam line exploded and killed him.

Before the man died, he told his family about how his supervisors often told him to "patch things" instead of taking on more thorough and costly repairs for the buildings. The family believes that some of the steam systems should have been replaced and that the workplace conditions were unsafe, possibly causing the man's death.

The Occupational Health and Safety Act(OHSA) of 1970 mandates safe workplace conditions. The basic premise behind workplace safety requirements is that employees should always be provided reasonably safe working conditions that are free from hazards. Workplace safety issues are often brought about when dealing with Missouri personal injury claims, workers compensation claims, as well as wrongful death claims, as the case above may result in.

Under the American Jurisprudence section on employment, the duty of an employer to provide safe workplace conditions is discussed. The duty is set out through several requirements but basically just states that an employer needs to provide employees with a safe workplace environment by following certain mandated health guidelines.

Further, if an employer fails to comply with the duty to provide safe and healthy work conditions, and a worker is injured in the course of employment from the employers neglect, the employer will likely be found liable. An experienced personal injury attorney will be able to help determine if a viable case exists.

Continue reading "Duke University Employee Dies In Steam Pipe Explosion" »

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W.R. Grace & Co. was forced into bankruptcy after more than 135, 0000 asbestos injury claims were filed against the chemical maker. Grace agreed to settle the personal injury suits by paying as much as $1.8 billion. This settlement will eliminate Grace's liability for its asbestos products, leaving future lawsuits to be settled through a trust fund. Insurance providers and other companies facing related asbestos claims will share the cost of financing the trust.

Grace still faces federal criminal charges in connection with its ore mine near Libby, Montana, where 1,200 workers and residents were allegedly injured or killed as a result of asbestos- related diseases.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) protects workers from asbestos exposure in the workplace, or in connection with their jobs. OSHA also requires employers to provide a workplace that is free of serious recognized hazards.

OSHA lists several workers' rights to suggest ways for workers to learn of possible dangers in the work place before it's too late. The following can be found in further detail at:

1. TRAINING FROM YOUR EMPLOYER

-Get training from your employer on chemicals you are exposed to during your work and information on how to protect yourself from harmful workplace injuries. Employers must establish a comprehensive, written hazard communication program (Chemical Hazard Communication)

-Your employer must label chemical containers, make material safety data sheets with detailed hazard information available to employees, and train you about the health effects of the chemicals you work with and what the employer is doing and what you can do to protect yourself from these hazards.

-Get training from your employer on a variety of other health and safety hazards and standards that your employer must follow. These include lockout-tagout, bloodborne pathogens, confined spaces, construction hazards and a variety of other subjects.

Continue reading "OSHA's 'Workers Rights'" »

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