Missouri Injury Lawyers Blog

If you are injured on the job, there is worker's compensation, a Missouri state and employer-funded benefits program that compensates injured workers for medical bills, lost wages and in some cases, rehabilitative services. Unfortunately, worker's compensation, while helpful, often leaves injured workers without full compensation.

Injured workers may have the right to seek money damages from people who cause their injuries through negligence, or through a defective product. These suits may not be pursued against the injured worker's employer, as the employer provides the worker's compensation benefits and is immune from suit. However, third parties which can include the company who defectively designed equipment or other product, or failed to put a guard or warning on the product that injured the worker, may be liable. Another example would include a negligent driver who caused injuries to an employee who was driving his employer's vehicle.

Workers also have the right, under some circumstances, to sue co-employees of their employers when the co-employee injures the worker by taking an additional affirmative step that constitutes something more than mere violation of the employer's duty to provide a safe workplace. This are of the law can be complex, and is case specific. However, workers should know that they have rights against third parties, and potentially against co-employees that may provide compensation for pain and suffering, loss of earnings capacity, future medical bills, future lost wages, scarring and disfigurement and loss of enjoyment of life.

Anyone who suffers a serious injury on the job should seek legal counsel immediately. The attorneys at Tatlow, Gump, Faiella & Wheelan, LLC have the experience and expertise to assist you with your serious work injury claims.

Winter weather usually ushers in plenty of ice and snow for Missourians. This year is no exception. Just getting to and from your car in inclement weather can be a challenge during the winter months. Falls on icy parking lots cause many injuries, including fractures and head injuries.

In 2005, the Missouri Legislature amended the Workers' Compensation Law. Unfortunately for Missouri workers, the changes make it more difficult to receive compensation if you are injured in a fall while getting to or leaving your place of employment. In a recent decision by the Missouri Court of Appeals, the court decided against a restaurant worker who slipped and fell on black ice in the parking lot after leaving work. The employee injured his ankle, requiring surgical repair using a plate and seven screws. The case, Hagar v. Syberg's Westport and Treasurer of Missouri as Custodian of the Second Injury Fund, No. ED93420, was handed down February 23, 2010.

Workers' compensation claims can involve complicated legal issues. Although the 2005 changes sometimes make it more difficult to qualify for benefits, there are many exceptions.

Continue reading "No Workers' Comp for Missouri Worker Who Falls On Ice In Parking Lot" »

Under the Missouri Worker's Compensation Act, not all falls at work are created equal. In 2005, the Missouri Legislature significantly changed the Missouri Worker's Compensation Laws, thereby limiting claims for falls that occur at work. Although, It has become common practice for injuries related to falls to be denied initially by the workers' compensation insurance carrier, the courts are deciding these cases based on the specific facts of each case.

The Missouri Supreme Court has determined: "An injury will not be deemed to arise out of employment if it merely happened to occur while working but work was not a prevailing factor and the risk involved ... is one to which the worker would have been exposed equally in normal non-employment life." Miller v. Mo. Highway & Transp. Comm'n, 287 S.W.3d 671, 674 (Mo. banc 2009).

Missouri Lawyers Weekly reported a recent case from the Missouri Court of Appeals, Western District, finding that when a nurse was injured when her work shoes caused her to fall while walking, the commission properly found the injury to be compensable. This was because the nursing shoes where a condition of her employment and she only wore the shoes to work, not outside of work. Stricker v. Children's Mercy Hospital, Case No. WD70697.

Continue reading "Falls at Work--Are They Compensable Under Missouri Worker's Compensation?" »

The Missouri Second Injury Fund was established in the early 1940's and provides funds for injured workers who already have disabilities or previous injuries. It also provides protection for workers who are injured on the job, but their employers are uninsured for workers compensation coverage.

The Missouri attorney general's office announced last week that the Second Injury Fund has stopped making offers to injured workers and may not be able to meet its financial obligations on cases that have already been settled. This is devastating news for injured workers in Missouri who rely on the protections afforded by the Missouri Second Injury Fund in the event they suffer incapacitating injuries on the job--especially when their employers should be covered by workers compensation coverage, but fail or refuse to pay for the insurance. This leaves many Missouri workers with little recourse and many times, no insurance to pay for necessary medical treatment.

While the fate of the Missouri Second Injury Fund is unclear at this point, it is clear that if you are a Missouri worker injured on the job, you need competent legal representation to ensure that your legal rights are protected and that you will receive the protections you are afforded under the law.

Continue reading "Injured Workers In Missouri May Not Have The Protection Of The Second Injury Fund" »

As we look back at the terrible events of September 11, 2001, we are painfully aware of how quickly our circumstances can change. Even in Mid-Missouri, our peaceful, secure lives can be turned upside down through events and actions over which we have little or no control. Unfortunately, it doesn't take an act of terrorism for this to occur.

Accidents occur without warning. A driver is inattentive and causes serious injury or death. Safety measures are ignored at work, and the breadwinner of the family is no longer able to work.

Are you and your family protected financially if disaster occurs? It is imperative that you carry the right types of insurance and adequate amounts of coverage to protect your loved ones in the event you are seriously injured or killed. Remember, the person who causes your injury may not have adequate insurance to pay for your damages. It is equally important to carry sufficient liability coverage to protect your assets in the event you cause injury to another person.

Many people are confused about the types of insurance coverage needed or how much insurance they might need. In future posts, I will attempt to shed some light on the various insurance coverages available.

Continue reading "Adequate Insurance for Financial Catastrophe" »

The Missouri Court of Appeals, Southern District, has found in favor of an employee who was injured while on the job. His employer did not have workers' compensation coverage for its employees. The case is Busby v. D.C. Cycle LTD., and Missouri State Treasurer as Custodian of the Second Injury Fund, Case No. SD29464 (Mo. Ct. App. S.D. Aug. 31, 2009).

Larry Busby, an employee, was injured during the course and scope of his employment with D.C. Cycle Ltd, a business that sold parts for and repaired and serviced motorcycles.

At issue in this case was whether the employer had five or more employees, thereby subjecting it to the Missouri Workers' Compensation Law requiring an employer to maintain workers' compensation liability insurance. If so, the employers' failure to provide workers' compensation insurance coverage would obligate the Missouri Second Injury Fund to pay medical benefits the injured worker was entitled to receive.

The Southern District concurred with the Administrative Law Judge and the Labor and Industrial Relations Commision and concluded that the employer did have five or more employees and was required to carry workers' compensation liability insurance pursuant to Sec. 287.030.l(3) Revised Statutes of Missouri. Because the employer failed to do so, the Missouri Second Injury Fund was directed to pay the claimants workers' compensation benefits.

Not all Missouri employers are required to carry workers' compensation liability insurance for the protection of their employees in the event of an on the job injury. Further, this area of the law can be complicated and confusing for both employees and employers.

Continue reading "Missouri Employer is Required to Carry Workers' Compensation Coverage" »

The Missouri Supreme Court recently denied worker's compensation benefits to a Missouri man who suffered a knee injury at work. The case is Miller v. Missouri Highway & Transportation Commission, 2009 WL 1872108 (Mo. banc 2009). Miller, an experienced highway worker, elected to walk "briskly" to facilitate the completion of ongoing highway repair work. The worker was walking on an even surface at work when his knee popped. The court decided that there was nothing about his work that caused his knee to pop, therefore the court determined that work was not a prevailing factor to his injury and denied the workers compensation benefits.

The court based its decision on a 2005 amendment to the Missouri Workers' Compensation Act which narrowed the definition of "accident". An injury will not be deemed to arise out of employment if it merely happened to occur while working but work was not a prevailing factor and the risk involved-here, walking-is one to which the worker would have been exposed equally in normal non-employment life. However, every injury is different and some very similar injuries may be deemed to be compensable under the workers' compensation guidelines, even if the employer initially denies the claim.

If you are injured at work, report the injury to your employer immediately.

Continue reading "Worker is Denied Worker's Compensation Benefits for Knee Injury At Work" »