273,000 Reasons to Hire a Workers Compensation Attorney

I represent injured workers in Missouri.

At a recent workers compensation hearing in St. Louis, I represented a St. Louis employee who suffered a herniated lumbar disc when he slipped and fell on ice at work. A lumbar fusion surgery was performed in addition to laminectomies at the two lumbar levels above. The employee’s unpaid medical bills are $273,00.00. We have asked for permanent and total disability benefits, in addition to future medical care for life. We are seeking sanctions and costs as well, for defending the claim without reasonable grounds.

It has become very common in Missouri for employers and workers compensation insurance carriers to deny on the job injuries caused by slipping on ice or snow. They allege that the employee was “equally exposed” to this hazard outside of work. At the hearing, we presented evidence that the employee was required to be on the employer’s parking lot, even in the ice and snow, in dress shoes to sell cars. In addition, the employer had just informed the employee that he had 5 hours to finalize all deals and commissions as today would be the employee’s last day of employment. The employee testified that he was rushing to close the deals, in dress shoes, on ice and snow, at the time he slipped. This type of evidence is necessary to establish that the employee would not have been equally exposed to these circumstances outside of work.

Also, to establish a claim for the medical bills, we first requested additional medical care by sending letters to the employer asking for medical treatment. We then obtained a report from a board certified orthopedic surgeon that the fall was the prevailing factor in causing the lumbar disc herniation and the necessity of surgery. The physician testified by deposition and laid the necessary evidentiary foundations to establish reasonableness and necessity of the treatment and bills.

You have one chance at trial to do it right.

Consulting with a workers compensation attorney who has experience can make all the difference. At the Law Office of James M. Hoffmann we give you the personalized attention that is necessary to accurately present your case and get you the compensation you need to move forward. If you have been injured on the job, do not miss out on getting the full amount of compensation you deserve. Contact a St. Louis workers compensation attorney at the Law Office of James M. Hoffmann. We can evaluate your case for free and begin working to get you the compensation you are entitled to.

To schedule a free consultation call us today at (314) 361-4300.

Risk of Repetitive Motion in the Workplace - #1 Workers Compensation Claim

The Risk of Repetitive Motion in the Workplace

The Risk of Repetitive Motion in the Workplace

Law Office of James M. Hoffmann

In the United States repetitive motion injuries are one of the leading injuries named in workers compensation claims.

There is a myth that in order to receive workman’s compensation benefits, the cause of your injury must be the result of a single event. For example, a cable installer falling off of a ladder or a waiter slipping on an ice cube. The truth is, many work place injuries are a result of prolonged exposure, either to a dangerous substance or chemical or to repeating the same motion over and over throughout your work day. There does not have to be fault in a workers’ compensation case, just proof that the injury is a direct result of your job. If you are being treated for a disease or condition that may have been caused by a normal part of your work duties, contact a workers compensation attorney to learn whether or not you qualify for benefits.

Repetitive Motion Injuries

In the United States repetitive motion injuries are one of the leading injuries named in workers compensation claims. Most are often associated with carpal tunnel syndrome, repetitive motion injuries can also include bursitis and tendinitis. Bursitis is inflammation of the cushions protecting your joints. It develops over time, usually by placing direct pressure on the affected joint for long periods of time. Workers such as gardeners who spend a lot of time on their knees are susceptible to developing bursitis in the knee joint. Tendinitis is an inflammation of the tendons that connect the muscle to bone. Since tendons are responsible for pulling the muscle that controls the bone, injury to them is most often caused by repeating the same action over and over. Office workers who spend long periods of time typing on a keyboard are susceptible to developing tendinitis in their wrists. In fact, for every 100,000 full time worker 1.1 will develop tendinitis.

Tendinitis of the elbow is known as epicondilitis or more commonly, tennis elbow as it is seen primarily in tennis players. A Missouri bus driver went to his physician complaining of elbow pain and initially was diagnosed with epicondilitis. The condition was worsened by the development of bone spurs at the joint which required surgery to remove. Bone spurs occur in about 20% of tendinitis cases. The employers insurance denied the case so the Missouri workers compensation attorney brought in experts to show how using the stick shift caused the condition and that it is now a permanent disability. The defense decided to settle before trial.

Seek Legal Advice

If an action related to your job is suspected to be the cause of your disease or condition contact a Missouri workers compensation lawyer right away. Remember, you typically have 30 days after the initial diagnosis to report it to your employer. Failing to do so may put receiving any workers compensation benefits at risk. Your attorney can help you draw up the written notice which must include your name and address, the date of diagnosis and the nature of your injury, particularly how it relates to your work.

Workers’ compensation benefits are available to anyone who requires medical care as a result of their employment, not just for those who have an accident on the job. There is no need to prove negligence. If you have recently been diagnosed with a disease or condition commonly found to be work related, contact St. Louis workers compensation attorney James M. Hoffmann.

Call (314) 361-4300 to schedule a free consultation.

Truck Accident Deaths - Inadquate Trailer Safety Devices

The Deadly Effects of Raising a Rigs Mansfield Bar

The Deadly Effects of Raising a Rigs Mansfield Bar

Law Office of James M. Hoffmann

When trucks are not in compliance with federal regulations, the results may be catastrophic.

A Saint Louis resident made national news last March when he escaped certain death, simply, by ducking. The Corvette he was driving collided with a moving truck and pushed itself under it. Had the man not ducked he would have been decapitated. Believe it or not, this is not something unheard of in the trucking industry and there are federally mandated regulations to prevent it from happening.

Trucks are obviously at a height greater than that of cars. The space between the road and the bottom of the truck allows for a car to partially go under it in a collision. This is known as under riding. At high speeds the roof of the car can sheer off, potentially killing, or at least severely injuring, those in the car.

There are two different types of under ride accidents. The first one is like the above mentioned accident. A car, most likely traveling at a high speed, collides with the back of a trailer that is either parked or slowing down. The force of impact pushes the vehicle underneath the tractor. The driver of the Corvette walked away with non-life threatening injuries, partly for his quick thinking in lowering his head, and partly because the truck was equipped with a federally mandated Mansfield bar. In an accident where the tractor does not have a bar or it is set too high, the occupants of the car will suffer severe head trauma or even decapitation. The Federal government mandated the use of a safety bar in 1967 after a rear-end collision with a commercial truck killed actress Jayne Mansfield.

Contact a Truck Accident Lawyer – Call (314) 361-4300

A Mansfield bar is attached to the back of a trailer and typically should be 22 inches off of the ground in order to prevent a car from being able to pass under it. Unfortunately, like the Corvette, some cars have low leading edges that allow for them to clear it. If you were injured after an under ride accident, talk over your case with a Missouri truck accident attorney. Rear end safety bars are a federally mandated requirement. If your vehicle was able to pass under it, then the truck driver may have been negligent with its placement.

Missouri Truck Accidents

The wife of a Missouri driver received a $1.6 million settlement for the wrongful death of her husband. He was driving a convertible that collided with a flat bed trailer that was backing up on the highway. The low riding convertible cleared the Mansfield bar, killing the driver instantly.

An accident involving a car going under the side of a truck is most likely to occur at night, when a driver does not see the body of a semi in front of him until it is too late. Unfortunately there are no regulations for side safety bars and the fatality rate for this type of accident is more often fatal. A typical scenario is a truck driver making a slow left turn when an oncoming driver fails to notice and a collision is inevitable.

Under ride accidents are gruesome. Which is why the federal government has stepped in with preventive measures to try and avoid them. Still, thousands are seriously injured or killed when a truck is not in compliance. If you have lost a loved one in a under ride accident or where injured in one yourself, contact the Law Office of James M. Hoffmann. We can evaluate your case for free and help you determine what your legal options are.