January 31, 2013

Changes May Be In Store for Missouri Workers’ Compensation and Occupational Diseases

Currently, workers who are injured on the job in Missouri may seek compensation for medical bills, lost wages, and temporary or permanent disability via their employer’s workers’ compensation coverage in most circumstances. However, workers who suffer an occupational disease after years of exposure to a hazardous substance or situation can still bring their claims to court instead - a situation that may soon change, according to a recent article in the Kansas City Star.

According to the Missouri Chamber of Commerce and Industry, Missouri is the only state that allows personal injury cases to be brought for occupational diseases instead of requiring individuals with an occupational disease to seek workers’ compensation.

Continue reading "Changes May Be In Store for Missouri Workers’ Compensation and Occupational Diseases" »

April 30, 2012

Missouri Governor Rejects Changes to Workers Compensation System

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.

April 25, 2012

Missouri Legislators Reach Across Aisle to Save Second Injury Fund

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.

March 6, 2012

During Workplace Eye Wellness Month, Tell Co-Workers about Computer Vision Syndrome

March is Workplace Eye Wellness Month, which makes it a good time to check on eye health risks around your workplace. Most workplaces use computers in some capacity these days, and many people spend part or all of their days in front of a computer screen.

The American Optometric Association warns that excessive computer use might cause “computer vision syndrome,” which can lead to headaches, eye strain, and other problems. Computer vision syndrome is more likely in people who use computer screens all day long, though any close-up work, such as reading or examining small parts, can cause similar problems.

eye_orange_5185814.jpg

The symptoms of computer vision syndrome include:

  • headaches or eye pain;
  • blurred vision;
  • dry eyes; and
  • difficulty focusing, especially when the eyes try to switch from looking far away to looking close up, or vice versa.

An optometrist can help you accommodate vision problems to make computer use safer and healthier for your eyes. Checking your computer screen’s brightness and refresh rate, and moving it closer to you or further away can also help relieve eye strain and other problems caused by computer vision syndrome. If your vision suffers permanent damage due to work-related computer use, you may also be eligible for workers’ compensation benefits.

At Page Law, we understand how repetitive activities can cause injury or illness, especially if you do them frequently for your job. If you’ve been injured or made ill on the job in Missouri, our experienced St. Louis workers’ compensation lawyers can help you get the compensation you need to recover, whether through workers’ compensation or through holding a negligent third party accountable for any harm caused by their carelessness. For a free consultation, call us today at (314) 322-8515.

January 19, 2012

Workers Compensation Claims in Missouri, 2011: An Overview

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.

January 12, 2012

Construction, Mining, Agriculture Top List of Most Dangerous Missouri Occupations

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.

January 2, 2012

Missouri Workers’ Compensation Ruling Changes Playing Field for Mesothelioma Patients

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.

January 2, 2012

Kansas City, MO Company Wins Prestigious State Safety Award

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.

December 12, 2011

Missouri Chamber of Commerce Plans to Lobby for Workers’ Compensation Issues

When the Missouri legislature reconvenes on January 4, 2012, it will hear from the state’s Chamber of Commerce on a number of workforce-related issues, including the issue of workers’ compensation in the state.

The Chamber of Commerce plans to address workers compensation for two reasons. First, changes to Missouri’s workers’ compensation laws may make the state more attractive to businesses. These laws also protect workers who are injured while on the job in Missouri, providing payments to replace lost wages, money spent on medical bills, and other losses that workers suffer when an injury puts them on the sidelines.

Also, the Chamber of Commerce is particularly concerned with the future of the state’s Second Injury Fund, which pays for the losses suffered by workers who are re-injured while on the job. Currently, according to the Chamber of Commerce, over 100 workers have been granted Second Injury Fund benefits but have not received them, while over 30,000 workers are waiting for the fund to resolve cases they have filed concerning their benefits. The Second Injury Fund stopped paying benefits several months ago, when it appeared that the fund would shortly become insolvent. The Chamber of Commerce plans to push the Missouri legislature to resolve the fund’s problems.

Workers’ compensation benefits are often a lifesaver for injured workers, who don’t have to worry about paying medical or other bills if they receive the workers compensation payments they are entitled to. If you’ve been injured on the job, the experienced MO workers’ compensation attorneys at Page Law can help you ensure you get the benefits you need to recover. For a free and confidential consultation, call us today at (314) 322-8515.

September 16, 2011

Missouri Helps U.S. Labor Department Crack Down on Unscrupulous Employers

The state government of Missouri is working with the U.S. Department of Labor and the governments of neighboring states, including Kansas, to uncover and stop employers who try to violate federal wage rules. The violations Missouri and the Labor Department are seeking to prevent include: failures to pay the minimum wage, provide overtime, or to pay for workers' compensation and other liability insurance.

Most of the violations are related to misclassifying workers, according to a recent article in The Kansas City Star. Workers who meet the requirements to be classified as "employees" under state and federal labor law must be classified as employees and given access to workers' compensation, unemployment benefits, and other basic legal rights granted to employees in a wide range of businesses.

Businesses that misclassify employees as "independent contractors" or as non-employees, however, can avoid paying payroll taxes, unemployment benefits, or workers' compensation insurance premiums or benefits. In addition to losing wages they would have otherwise earned, mis-classified workers are also at a risk of being unable to receive workers' compensation benefits if they are injured on-the-job. These benefits cover medical bills, lost wages, and other losses related to the injury so that workers can focus on rest and recovery.

Workers’ compensation benefits are a valuable tool for workers who need to get back on their feet after an on-the-job injury. If you’ve been injured in the workplace, the experienced St. Louis workers' compensation attorneys at Page Law can help. For a free and confidential consultation, call Page Law today at 314-322-8515.

September 13, 2011

Understanding the Longshore and Harbor Workers Compensation Act

The federal Longshore and Harbor Workers Compensation Act (LHWCA) protects workers who are disabled after being injured while on the job doing any work on the "navigable waters" of the United States. "Navigable waters" include oceans, lakes, and rivers such as the Missouri River and the Mississippi River, both of which are used to transport cargo and passengers. Like state workers’ compensation benefits available for other workers who are injured on the job in Missouri, the LHWCA provides benefits for lost wages, medical bills, and other losses that come with a disability arising from a workplace injury.

The LHWCA covers both disability and death caused by an injury suffered while on the water or while working in certain closely-related places, such as docks and harbors. The benefits available under the LHWCA are designed to work alongside the benefits available under the federal Jones Act, which covers seamen working on U.S. waters. Benefits an injured worker or the worker’s family receives under one law may be offset by benefits they received under the other.

Since both the LHWCA and the Jones Act may come into play when a sailor, dock worker, or other person who is employed on Missouri and U.S. waterways becomes injured, it’s important to understand your rights under both laws and where to turn when an injury occurs. At Page Law, an experienced personal injury lawyer can help you navigate the complex rules of compensation after an injury so that you receive the benefits you need. For a free consultation, call Page Law today at 314-322-8515. The call is free, and your information is always kept confidential.

August 18, 2011

Legislators Look Twice at Missouri Employers Mutual Insurance Issues

The Missouri Employers Mutual Insurance Company (MEM) was founded in 1993 by state law. MEM is a public corporation whose responsibility is to provide worker’s compensation insurance to employers who cannot get the appropriate amount of insurance on the regular market. However, recent management issues and board director misdeeds have prompted some of Missouri’s state senators to take a second look at the organization, questioning whether it is still fulfilling its intended purpose.

The Senate’s inquiry comes after two board members resigned their positions at MEM in the face of federal investigations of their non-MEM-related business practices. Although none of the suspected misbehavior the federal investigations uncovered appeared to be related to MEM or its work, the state Senate has scheduled an April 15 hearing to get a clearer view of how MEM is providing worker’s compensation insurance to employers and whether injured workers are getting the proper benefits from MEM plans.

Missouri requires most employers to have worker’s compensation insurance. This insurance provides payments if a worker is injured on the job, including payments for medical bills and amounts to cover lost wages while the worker recovers. MEM’s original purpose was to make it easier to certain employers to get the worker’s compensation insurance they need to protect employees when an injury occurs.

If you’ve been injured on the job, you may be entitled to worker’s compensation payments, but employer procrastination or insurance company runaround can make it hard to determine whether you’ve gotten the proper payments. The experienced Missouri worker’s compensation attorneys at Page Law can help you get the compensation you deserve, so you can focus on healing. Call us today at 314-322-8515 for a free and confidential consultation.

July 13, 2011

Lawsuit May Force Legislators to Fix Missouri's Second Injury Fund

The Second Injury Fund is a state-run fund in Missouri that provides payments to workers who become totally and permanently disabled after a workplace accident combines with a preexisting medical condition to prevent them from working. Beginning March 7, 2011, however, the Fund has stopped sending payments to people who have recently qualified for such benefits, stating that the money simply isn’t available. Although economists have predicted for years that the fund was running out of money, to date the Missouri Legislature has not done anything to fix it, according to an article in The Missourian.

In February 2011, four injured workers filed a lawsuit against the state of Missouri after they faced the risk of losing or never receiving the Second Injury Funds to which they are entitled. If they succeed, the state may be required to pay disabled workers the money they are due from the Fund. Meanwhile, politicians and lobbyists are arguing over the best way to deal with the faltering Fund. Some want to get rid of the Second Injury Fund completely after paying off existing claims, while others want to remove the caps on taxes that put money into the fund, so that more revenue can be collected and the Second Injury Fund can continue to support workers who have been totally disabled.

If you have been injured in a workplace accident, you may be entitled to workers’ compensation or other payments, including compensation from any third parties who were responsible for your injury. The experienced workers’ comp lawyers in St. Louis at Page Law can help you understand your legal rights and choose the best course of action for you and your family if you have suffered an injury while on the job. To learn more, call Page Law today at 314-322-8515 for a free consultation.

May 9, 2011

Missouri’s Second Injury Fund Faces Financial Problems

Workers injured on the job can often rely on their employer’s Missouri workers compensation insurance coverage to provide payments that cover lost wages and medical bills. Some workers, however, suffer a work injury that aggravates a previous disability or condition, causing much greater damage to the worker’s health than the work-related injury alone would have caused. For these workers, Missouri provides payments from the Second Injury Fund.

Unfortunately, the Second Injury Fund is on shaky financial ground, according to a recent article in the Columbia Missourian. Although lawmakers admit the problem has been brewing since the 1980s, when the fund started receiving more claims than it could handle, they have been slow to address the growing issue.

Currently, the Second Injury Fund is fed by a 3 percent surcharge that employers pay on their workers’ compensation insurance premiums. This three percent, however, isn’t enough to keep the fund afloat, so lawmakers are considering other options. These include:

  • Increasing the surcharge to 5.8 percent;
  • Adding a 4 percent surcharge for each of the next five years;
  • Cutting benefits for people whose pre-existing condition was not also a work-related injury; or
  • Dissolving the Second Injury Fund altogether.
Missouri workers would still have access to workers’ compensation payments, but not to the Second Injury Fund.

Workers’ compensation claims can be confusing, especially when your time and attention is focused on recovering from a serious injury. At Page Law, our experienced Missouri workers’ compensation attorneys can help you get the benefits you deserve. To learn more, call Page Law today at 314-322-8515 to schedule a free consultation.

February 23, 2011

St. Louis Workers' Compensation Attorney: Arnold, MO Man Injured in Workplace Accident

All across the U.S. over 1.2 million people are seriously injured in the workplace. The good news is that these numbers seem to be decreasing, although certain industries, like trucking and delivery, steadily increase year by year. Once such unfortunate accident took place near St. Louis, Missouri the morning of January 18, 2011.

A man in Arnold, Missouri, was critically injured around 10 a.m. while changing a commercial tire. Apparently, the rim of the tire was faulty because the tire exploded, sending him flying into a nearby wall. He suffered blunt trauma to the head as well as thoracic injuries because pieces of the broken rim were imbedded in his abdomen.

The man was at work in an Arnold auto repair shop, and, sadly, by the afternoon was still in very critical condition. It is not yet known exactly why the tire exploded, but the shrapnel injuries from the tire rim do seem to indicate that the truck in question was in ill-repair and that the tire-changing project was dangerous.

Head injuries like this have many possible complications. At the very least, they cause a temporary interruption of normal brain function. At worst, the injured person can suffer from life-long epilepsy or even die.

If you have been injured in an accident at work in Missouri, it is important to understand your legal options. Contact a dedicated and experienced Missouri workplace accident law firm to learn more. The team at Page Law has extensive experience with workplace injuries. Call them today at 314-322-8515 for a free consultation.

January 2, 2011

Kansas City, MO Company Wins Prestigious State Safety Award

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.

September 29, 2010

Missouri Police Officer Accidentally Killed During Training Drill

A Missouri police officer was tragically shot and killed during a training exercise, according to KMBC.com.

The officer, who had served five years with the police department, was killed when the officers grabbed their service weapons after returning from a break. One of the guns went off and hit another officer in the back. Police officials say that no live ammunition was used in the training exercise. The officer who shot the victim was a good friend. The police department is currently investigating the Missouri workplace accident and is expected to announce firearms safety measures to be used in training exercises in the future.

This accident, although very tragic and newsworthy since a police officer was involved, is one of over 100 deaths that occur in the workplace in the United States each day. In 2009 alone, 4,340 individuals were killed in on the job accidents. About 59 percent of those fatalities involved transportation in some way – either an accident in a company vehicle or the death of a road worker.

A person who is injured at work can typically obtain either workers’ compensation or can file a lawsuit against his or her employer. If an employee accepts a workers’ compensation claim, he or she is prevented from later suing his or her employer.

If you have been injured in a Missouri workplace accident, contact a dedicated personal injury law firm. The experienced St. Louis workers’ compensation attorneys at Page Law can help you evaluate your options and get the best settlement possible for your injuries. Contact us today at 314-322-8515 for a free consultation.

September 27, 2010

Missouri Man Dies in Workplace Fall

Tragically, a second worker has died after a workplace accident, according to KAIT. The accident occurred in southeast Missouri.

The workers fell early in September from a catwalk at Oakley, Inc., which is located at the Pemiscot County Port Authority. One of the workers who fell died immediately, and the second was flown to Memphis following the accident.

According to OSHA, the number of workplace injuries has steadily been decreasing since 2003. The industries with the largest numbers of workplace accidents are health care, manufacturing, construction, and retail. Missouri has a lower than average rate of occupational injuries than the national average.

In 2009, 4,340 fatal workplace accidents occurred. Fatal falls, such as the one that occurred at Oakley, accounted for 617 deaths. This number is down from a total of 700 in 2008. About half of all fatal workplace falls occur in construction. Therefore, workplace falls may have decreased simply because the construction industry has declined since 2008.

Workplace accidents can be devastating. In some situations, an injured worker may want to pursue a Missouri workers’ compensation claim. However, other cases may involve a personal injury lawsuit for damages. A personal injury lawsuit may help to cover expenses related to the injury that workers’ compensation does not.

If you have been injured in an on-the-job accident in Missouri, it is important to understand your legal options. Contact a dedicated and experienced Missouri workplace accident law firm to learn more. The team at Page Law has experience with workplace injuries. Call them today at 314-322-8515 for a free consultation.

August 19, 2010

Hiring a Missouri Workers' Compensation Lawyer: Points to Consider

In Missouri, workers’ compensation helps protect both employees and employers by guaranteeing certain payments to injured employees and protecting employers from lawsuits. Since a workers’ compensation claim is a legal proceeding, the Missouri Department of Labor recommends obtaining an attorney’s help. Situations in which you may need the assistance of an experienced Missouri workers’ compensation lawyer include:

  • When your case will require an evidentiary hearing or trial, or when the insurance company or administrative law judge strongly recommend you hire a lawyer.
  • When the insurance company is denying your claim, refusing to talk to you, or claiming a penalty for a safety violation or use of intoxicating substances like alcohol or drugs.
  • When you are not getting medical care you believe you need, or tests your physician orders are routinely canceled, or you believe you are totally or permanently disabled as a result of your injury.
  • When you qualify for Medicare, or when MO HealthNet or Medicaid have paid your medical bills.
  • Anytime you feel intimidated, overwhelmed, or that you are being treated unfairly.

Workers’ compensation is a specialized area of law. When considering hiring a St. Louis workers’ compensation attorney, look carefully at the attorney’s experience in workers’ compensation law. You may want to choose someone who practices workers’ compensation law regularly and who understands the detailed rules involved.

The St. Louis workers' compensation attorneys at Page Law have extensive experience handling workers’ compensation claims. Our legal team strives to keep pace with every change in workers’ compensation law, and we regularly help clients who have been injured on the job seek the workers’ compensation benefits they deserve. Please don’t hesitate to call the experienced Missouri workers’ compensation lawyers at Page Law to discuss your workers’ compensation claim. Call (314) 322-8515 for a free and confidential evaluation of your workers’ compensation case.

June 22, 2010

Tips for Lowering Your MO Workplace Stress

The Missouri Department of Labor and Industrial Relations discovered a huge increase in MO workers’ compensation claims and unemployment claims due to stress in the office. According to The Kansas City Star, the number of claims went from 265 in 2008 to 326 in 2009.

With the economic recession lingering, resulting in fewer alternative jobs for employees, increasing workloads, and sometimes decreased pay, office stress is at an all-time high. How can you combat office stress in Missouri?

First, don’t disregard stress. Stress can trigger a wide range of physical problems, from headaches to heart attacks. If you are experiencing stress in the workplace, identify your stress level and causes of stress, then try these top four techniques:

  1. Exercise. Exercise is a great stress reliever. If hitting a gym isn’t possible, try taking a walk around the office every hour or two. Take a walk on your lunch break or take the stairs instead of the elevator whenever the chance arises.

  2. Breathe. Try stepping away from the computer and taking deep breaths.
    Make a list. Making a detailed list of everything on your plate at the office can keep your mind from racing and lower your stress level.

  3. Laugh out loud. Laughter is a great stress reliever. Keep humorous material to read on your lunch break or trade stories with a favorite coworker.

  4. Attend a seminar. The Missouri DOL offers seminars on deterring cubicle stress.


If you have recently left a job due to stress, you could have a potential worker’s compensation claim. Contact a knowledgeable Missouri workers’ compensation attorney today. The lawyers at Page Law are waiting to help you with your claim. Call them today at 314-322-8515 for a free consultation.

June 11, 2010

Zoo Worker Receives Workers' Compensation after Being Mauled by Bear

St. Louis news channel KMOV reported recently that a Montana zoo employee who was mauled by a bear is eligible for workers' compensation benefits, even though the employee was under the influence of marijuana at the time of the animal attack.

The employee admitted that he smoked marijuana before arriving at Great Bear Adventures on the day of the accident. While at work, he attempted to feed one of the bears, which was part of his job duties. The bear attacked him, causing injuries that required the employee to be hospitalized.

Great Bear Adventures tried to argue that the employee was not entitled to workers' compensation benefits because he was a volunteer and also because the marijuana use had caused his accident. However, Workers' Compensation Court judge James Jeremiah Shea ruled that the employee's marijuana use was not the cause of the bear's attack, and that therefore the employee is entitled to workers' compensation benefits. The judge also found that the employee was on the payroll of Great Bear Adventures and therefore covered by the employer's workers' compensation obligations.

In Missouri, workers who are injured while performing their job duties are entitled to MO workers' compensation benefits. These benefits may cover doctor and hospital expenses, medications, therapy, and necessary medical equipment. They may also cover lost wages and/or provide payment for permanent disabilities.

Navigating workers' compensation can be difficult and confusing, particularly after an accident on the job. The experienced Missouri workers' compensation attorneys at Page Law can help you receive the workers' compensation benefits to which you're entitled. If you or a loved one has suffered a work-related injury, please don't hesitate to call Page Law at (314) 322-8515 for a free and confidential consultation.

February 3, 2010

St. Louis Plant Reopens One Week after Shootings

Employees at a St. Louis plant, where a shooting spree in early January left four people dead, have returned to work. A spokesman for the ABB Inc. plant revealed that the first day back was devoted to helping employees deal with their emotions. Counselors were on hand to help employees cope with the fact that a disgruntled worker killed three co-workers and injured five others before taking his own life.

Authorities say the suspect arrived at the plant on January 7, 2010, armed with four guns and opened fire. They have not released a possible motive. All but two of the injured have been released from the hospital. No details about the conditions of the two who remain hospitalized were released.

Workers who sustain injuries on the job in Missouri are entitled to fair compensation for their expenses and loss of wages. As an injured worker, you could seek compensation for medical treatment including hospital stays, physical therapy, medication, and any other medical treatment that is needed for you to recover from your injuries. If a worker dies as a result of his injuries, then his family is entitled to receive these benefits as well.

Continue reading "St. Louis Plant Reopens One Week after Shootings" »

January 27, 2010

Gunman Kills Three, Injures Five at St. Louis Factory

Early Thursday morning, a male gunman attacked a transformer manufacturing company in St. Louis, leaving three dead and five others wounded. Local reports indicate that three of the injured people are in critical condition. Police estimate that 40 to 50 workers were on the premises during the time of the shooting, many of whom were hiding in offices or on the roof. The suspected shooter, armed with a handgun and assault rifle, apparently opened fire in the parking lot before storming the factory. He committed suicide by shooting himself shortly after the ambush.

The accused was also involved in a legal dispute with the company against the administrators’ management of employee retirement funds filed in 2006. He and several co-workers were part of a group of ABB employees who felt that their retirement accounts included excessive fees and expenses for investment options. The trial on this matter began Tuesday in Kansas City, Missouri.

Company owners and manufacturers have a responsibility to protect all employees on the premises. This includes maintaining proper working conditions, fire and hazardous materials safety, and adequate security.

Continue reading "Gunman Kills Three, Injures Five at St. Louis Factory" »

November 30, 2009

OSHA Workers' Compensation Data in Question Due to Employee Underreporting

According to an article posted on New York Times’s website, many employees are not reporting work-related injuries and are consequently are not enacting their rights to safe working conditions. The Government Accountability Office (GAO) issued a report Monday, indicating that the underreporting is a result of employee fears of hurting work and contract opportunities, being disciplined or fired, increased workers’ compensation costs and preventing benefits to colleagues. Still, workers who don’t report injuries also have to foot the bill for any medical visits and supplies, prescriptions, and therapy necessary for treatment.

The lack of reporting also has a direct affect on the accuracy of Occupational Safety and Health Administration (OSHA) data and reports. Inefficient data can prevent new and more efficient legislation regarding workers’ compensation from passing. The GAO also reported that over a third of occupational health practitioners surveyed stated that employers had pressured them to “play down” work-related injuries or illnesses in order to minimize the number of reports.

Continue reading "OSHA Workers' Compensation Data in Question Due to Employee Underreporting" »

October 12, 2009

Worker Injured in Missouri Mine Accident

A worker was injured in a mining accident in Bunker, Missouri by a small fall of ground. According to a KFVS news report, employees began administering first-aid immediately to the injured worker, who was airlifted to a St. Louis hospital. The worker is expected to recover and did not suffer life-threatening injuries. An internal safety investigation is reportedly being conducted.

Workers who sustain injuries on the job in Missouri are entitled to fair compensation for their expenses and loss of wages. Most employers are required by state law to carry worker's compensation insurance for their employees. As an injured worker, you could seek compensation for medical treatment including hospital stays, physical therapy, medication, and any other medical treatment that is needed for you to recover from your injuries. If you suffer a serious injury and become permanently disabled or unable to work, you may be entitled to additional compensation for your suffering and lost earnings. If a worker dies as a result of his injuries, then his family is entitled to receive these benefits as well.

Continue reading "Worker Injured in Missouri Mine Accident" »

September 24, 2009

An Employer Paying for a Worker's Weight Loss Surgery?

It may seem a bit out of the ordinary to Missouri residents to hear that a workers’ compensation board in Indiana is requiring an employer to cover an employee’s weight loss surgery. However, there are elements to the story that support such a decision. According to a usatoday.com report, the employee, who is a cook, suffered a painful back injury after being hit by a freezer door during a shift. The board concluded that the 380-pound employee’s back surgery would prove ineffective unless he underwent a weight loss procedure first.

Although it is true that the employer was overweight before he injured his back while at work, he gained more weight as a result of the injury. In addition to covering the cost of the back operation, the man’s employer will now have to pay for a lap-band weight reduction surgery that could cost $20,000 to $25,000. Needless to say, this case has raised alarm among businesses that may face such costly claims in the future. The decision also brings up the question of whether or not employers will resist hiring workers with health conditions that could potentially cost their companies a lot of money if a work accident happens to take place.

Employers are responsible for the safety and well-being of employees and are expected to create and maintain a safe working environment to help prevent injury or harm from plaguing workers at any time. When employers fail to uphold the responsibility of properly training employees or neglect to properly check the condition of working environments, serious consequences can result from work-related injuries.

Continue reading "An Employer Paying for a Worker's Weight Loss Surgery?" »

July 1, 2009

Missouri Construction Accident Kills Female Worker

A female worker was killed recently while working on a concrete placement which was part of the Taum Sauk reservoir rebuilding project. An article claims that the 48-year-old woman was airlifted to Barnes-Jewish Hospital in St. Louis and died from the injuries she received in the Missouri workplace accident. At the time the article was published, law enforcement officials investigating the Missouri construction accident had not yet released the accident victim’s name, but said that she was employed by Ozark Constructors LLC at the time the accident occurred.

Ozark Constructors had been hired by the reservoir’s owner—AmerenUE—to rebuild the reservoir after a breach occurred in the reservoir, which released a wall of water down the side of a mountain and into Johnson’s Shut-Ins State Park on December 14, 2005. St. Louis-based utility company AmerenUE prepared a written statement that said the safety of everyone at the Taum Sauk reservoir construction site was the company’s top concern. “Our thoughts and prayers go out to the family and coworkers of the construction worker who died as a result of this morning’s tragic accident at the Taum Sauk upper reservoir rebuild site,” the utility said in its written statement.

Ozark Constructors said that its workers have logged over 2 million hours of work over 21 months at the construction site, but the company declined to provide additional information pending an investigation into the Missouri construction site accident conducted by the Occupational Safety and Health Administration.

Construction sites can be very dangerous workplaces with lots of heavy equipment being moved by large machinery, multistory scaffolding and other potentially hazardous conditions. The majority of construction companies make construction site safety a priority and spend a great deal of time and money ensuring that employees receive the training, safety measures, and qualified supervision to prevent Missouri wrongful death accidents and personal injury incidents. However, there are some construction companies that take shortcuts to save money and expose their workers to unnecessary risks, and far too many workers are killed and seriously injured each year in Missouri construction site accidents.

Continue reading "Missouri Construction Accident Kills Female Worker" »

May 6, 2009

Missouri DOT Truck Rear-Ended on I-29

StJoeNews.net reports in an account that on April 5, 2009, a compact car driven by a 23-year-old Liberty woman rear ended a Missouri DOT truck. The accident occurred a few miles south of St. Joseph on I-29. The DOT truck was stopped in the passing lane of I-29 northbound with a warning directional arrow activated to signal motorists into the driving lane. The driver of the compact car suffered minor injuries from the auto accident in Missouri.

During spring, the Department of Transportation rushes to repair the toll that winter takes on Missouri’s roadways. As part of that repair effort, state workers often have to stop in one or more lanes of a roadway. Although the big orange trucks of the DOT carry warning lights to notify motorists that the vehicles are moving slowly or have stopped, obstructed sight lines or other situations can slow driver reaction time, creating the potential for dangerous accidents.

We would like to take this opportunity to remind Missouri motorists to be careful on the highways and interstates during the annual spring road repairs. Be cautious approaching hills, curves and other places where sight lines are restricted.

Over 40,000 people are killed each year on the nation’s highways. Don’t become another statistic. Stay alert behind the wheel and pay attention to the lights and warning signals on state vehicles.

If you have any questions about car accidents, truck accidents or workers compensation, please contact us at the Missouri personal injury law firm Page Law. We have handled numerous cases of individuals suffering catastrophic injuries caused by the negligence of someone else as well as helped families receive financial compensation for the wrongful death of a loved one. Call us today at (314) 322-8515 to discuss your case with an experienced St. Louis personal injury attorney.

April 14, 2009

St. Louis Woman Killed in Vehicle versus Train Accident

A St. Louis woman died after her truck was hit by an Amtrak train as she tried to cross railroad tracks. According to this news report, the woman was on her way to conduct soil tests at a pipeline construction site when she was hit by an eastbound Amtrak train in Hartford. She was pregnant at the time of the train accident. No one in the train was injured.

The crossing where this auto accident occurred is marked but has no lights or gates, according to the news report. Some say it is tough to see approaching trains at the crossing because of vegetation, but Hartford police say they haven't had a train accident at that crossing in 25 years. The fatal accident is still under investigation.

If an accident occurs when a worker is on-the-job or on the way to his or her job then he or she would be entitled to workers compensation benefits. In cases where the accident is fatal, the victim's family would be entitled to workers compensation benefits. Missouri workers compensation laws and procedures can be confusing and complicated. But a knowledgeable and top workers compensation attorney in Missouri can advise you about your rights and how to go about getting the compensation you rightfully deserve.

In auto accident cases that involve other parties or other vehicles, a skilled Missouri personal injury attorney will be able to look at all aspects and scenarios to determine who should be held accountable for the accident and injuries. If you or a loved one has been injured in a Missouri auto accident, please call Page & Cagle to find out about your legal rights and options. We offer free consultations and case evaluations.

February 23, 2009

Missouri Barge Accident Kills Man On-the-Job

A Missouri barge worker was recently killed near Cape Girardeau, Missouri. The 67-year old worker was cleaning an empty barge when he fell 20-25 feet into the uncovered rake barge. The man, who had been working with the barge company for three years, died on impact.

Currently, the barge company is investigating the Missouri barge accident. It is believed that an autopsy will uncover additional details relating to the man’s death. No Missouri barge accident lawsuits have been filed at this point.

Depending on the type of information discovered through the Missouri barge accident investigation, this accident may result in a Jones Act claim or wrongful death claim. The Jones Act, is a federal statute that details seamen’s rights, regulates water transport, and more specifically, restricts maritime commerce.

The Jones Act provides remedy for seamen injured through employment when employer negligence can be shown. In the case at hand, it would need to be proven that the decedent’s employer was negligent, which directly caused the injury suffered. The statute states, under 46 U.S.C. 688, et seq.: any sailor/seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common law right or remedy in cases of personal injury to railway employees shall apply.

Continue reading "Missouri Barge Accident Kills Man On-the-Job" »

February 6, 2009

Missouri Barge Accident Injures Man On-the-Job

With floodwaters recently rising across the Midwest, barge accidents are occurring more frequently and are causing serious damage. Barge crashes often cause personal bodily injuries and property damage. When a barge accident occurs, it is most important to seek medical attention. After you seek medical attention, contact Page Law, an experienced reputable barge accident law firm to fight for your rights. An experienced personal injury lawyer will work with you side by side to get you the compensation you deserve.

Barge accidents create many potential hazardous conditions. Barges are dangerous by nature in the sense that tugboats carry them. Barges have no engines and thus have no directional control if they are accidentally freed from their tugboat. Barges can be extremely destructive, destroying anything in its path if released.

However, those most often harmed in barge accidents are barge employees. When a barge worker is injured in the course of employment, the Jones Act is the law that mandates resulting lawsuits. The Jones Act runs along the same lines as worker’s compensation claims; however the Jones Act requires that employer negligence be proven, and this law may also allow injured workers to receive more compensation.

Continue reading "Missouri Barge Accident Injures Man On-the-Job" »

December 22, 2008

Mississippi River Barge Accident Dumps 200,000 Gallons of Oil

A Mississippi River barge accident that spilled over 200,000 gallons of oil into the river has ended up in court. Coast Guard investigations found that the towboat pilot on duty during the barge crash was improperly licensed and overworked when the accident occurred. The barge company was brought to court in a barge accident lawsuit, however, the tug pilot alleges faulty products caused the crash.

The tug pilot testified that radar and steering lever problems caused the crash. Specifically, he alleged these problems drew his tug into the path of the tanker he ultimately collided into. The allegedly malfunctioning radar was blamed for distracting the tug pilot from realizing his vessel was veering towards the tanker ship. The tug pilot claims after he realized he was headed for disaster, the steering wheel jammed and left him unable to change directions.

Barge accidents typically occur when barges are accidentally freed from tugboats, as opposed to tugboats being led in the wrong direction like this case. When barges are freed from tugboats, these large sea vessels are left open to veer into other sea vessels or static objects. Such barge accidents often cause severe injury and even death. It is also common to see barge employees injured in the course of employment aboard sea vessels.

Page Law is a St. Louis Injury Law Firm that aggressively represents people injured in maritime claims and employees injured through the course of barge work in Jones Act claims. For a free consultation, call us directly at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You pay nothing unless you recover. You can also email me at john@pagecagle.com or visit www.BargeAccidentLawGroup.com for more information.

November 20, 2008

St. Clair County Truck Accident Puts Driver and Employer on Defense

A Missouri woman filed a personal injury claim after sustaining severe injuries in a St. Clair County car accident. The woman alleges injuries to her neck, back, shoulder, hip, and wrist. She is suing for injury against the driver of the vehicle, as well as his employer.

This Missouri car accident lawsuit alleges the Plaintiff was driving west on State Street, and the employee (defendant) was driving his truck in the same direction on the same street when he hit her. Allegedly, the driver of the truck traveled outside of his lane and hit the woman's car, causing her to not only sustain injuries but also to miss work. She sued for lost wages, medical costs and pain and suffering.

It is alleged that there is evidence of truck driver negligence in several respects:

1. That he was driving over the speed limit;
2. That he failed to drive with reasonable caution or carefully;
3. That he failed to stop or slow down before the collision; and
4. That he drove without a driver's license.

Continue reading "St. Clair County Truck Accident Puts Driver and Employer on Defense" »

November 3, 2008

Missouri Construction Worker Killed in Highway Crash

A 56 year old Rolla, MO construction worker who was directing traffic on U.S. 63 north of Thayer, was killed after two vehicles crashed on the highway, according to a report on KY3 News. Missouri State Highway Patrol officials said a tractor-trailer slammed into a stopped sport utility vehicle. The semi then ran off the right side of the highway and overturned on the worker. He was pronounced dead at the scene of the Thayer truck accident.

The driver of the tractor-trailer, a 57-year-old man, was uninjured. The driver of the SUV suffered moderate injuries. She was treated at an area Missouri hospital.

Anybody who is injured on the job in Missouri is entitled to fair compensation for their injuries and financial strain. An experienced Missouri worker’s compensation attorney can help protect the injured victim’s rights.

Continue reading "Missouri Construction Worker Killed in Highway Crash" »

September 29, 2008

Workers Compensation Claim Disputed in Court

A recent worker’s compensation claim was brought to court in Florida because the employer alleged some of employee’s injuries were unrelated. The employer specifically alleged the injured worker had previous medical conditions that “flared up” during work but weren’t actually caused by work. The employer did not dispute all of the injuries.

In this case, the woman injured was employed as a certified nursing assistant at a nursing home. The woman was trying to lift an elderly resident, who was heavier than she was, from a chair. She claims that she felt a jerk and snap in her right arm and right shoulder and experienced severe neck pain. She completed the rest of the night’s shift and came into work the next day, but alleges that she was in great discomfort and pain. After working this shift, she felt her condition was worsened and was not able to return to work again because of the injuries.

The woman alleges that all of her injuries were sustained through this incident at work and that her employer should pay for these injuries per workers compensation laws. However, it was previously well-documented that the woman suffered from arthritis and neck pain in addition to experiencing right shoulder and arm problems.

Continue reading "Workers Compensation Claim Disputed in Court" »

September 12, 2008

Injured Missouri Railroad Employee May be Eligible for FELA Claim

A railroad worker employed by Norfolk Southern Railroad was recently injured while working in Ohio. The worker, who fell from a bridge into the Vermilion River, was working to fix and replace railroad ties on a set of train tracks. While the man was working on repairing the railroad tie, both he and the tie fell into the water. The man was taken to the hospital for injuries sustained in the work-related accident. It has not yet been determined what caused the fall; depending on the cause, the injuries sustained may be grounds for a FELA claim.

When a railroad employee is injured, the act that regulates legal action is the Federal Employers Liability Act (FELA). In order to establish a FELA claim, four elements must be proven.

The elements are:

Continue reading "Injured Missouri Railroad Employee May be Eligible for FELA Claim" »

August 19, 2008

St. Louis Workers Compensation Claim Follows Construction Accident

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" »

August 13, 2008

Workers' Compensation and Workplace Safety a Right, Not a Luxury

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" »

August 7, 2008

Texas Couple Files 41 Products Liability and Workers Compensation Suits

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" »

August 5, 2008

Workers' Comp Claim… What You Need to Know

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" »

July 28, 2008

ABB Power T&D Employee's Hesitation Costs Him Greatly

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" »

July 22, 2008

Workers Comp Simple on Paper, Complex in Practice

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" »

July 11, 2008

Man Drowns When His Lawnmower Falls Into Lake

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" »

June 27, 2008

Heat-Related Illness Training, Measures to be Implemented

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" »

June 16, 2008

Duke University Employee Dies In Steam Pipe Explosion

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" »

May 27, 2008

OSHA's 'Workers Rights'

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'" »