Lead exposure in adults can cause neurologic problems, kidney problems, joint pain and cognitive issues.  The employer denied any liability; however, after obtaining medical records and obtaining an expert medical report, the Meehan Law Firm was able to negotiate a substantial settlement for the employee.

If you or anyone you know has been exposed to lead in the workplace or nearby a lead smelter, please contact the Meehan Law Firm to protect your rights.  You or your loved ones may be entitled to substantial compensation.  By the way, Brown & Crouppen, Brown & Brown and Cofman Townsley do not take these kinds of cases.  You need the expert legal help of the Meehan Law Firm. Contact us today.

You know those law firms, the ones that advertise on TV every morning – the ones that brag about their toughness, their winning record, and all their success.

What happens if you call their number and they tell you that they are not interested in your case? This is usually because your case is difficult and they are not interested in cases that have to go to court. These TV law firms are looking for simple cases that they can quickly settle.

The Meehan Law Firm specializes in all kinds of injury cases, including workers compensation, motor vehicle accidents, motorcycle accidents, drunk driving accidents, defective products, work injuries and dangerous and defective real estate.

We have over 28 years of experience in Missouri and Illinois courts, and we are often the lawyer of last resort. The Meehan Law Firm has won hundreds of thousands of dollars in verdicts and settlements on cases that were rejected by other lawyers or dropped when the going got tough. Don’t be fooled by slick TV advertising. If you need help, come to real trial lawyers at The Meehan Law Firm.

By law, if an employer fails to carry workers’ comp insurance is guilty of a misdemeanor. An employer can face fines up to $50,000 and will be reported for fraud to the Division of Workers’ Compensation.

Missouri employers with five or more employees are required to have workers’ compensation insurance or qualify as a self-insured. Construction industry employers are required to have workers’ compensation insurance coverage if they have one or more employees.
Workers’ Compensation Benefits

Benefits may include dollar-for-dollar medical coverage, two-thirds of your weekly gross salary if a doctor concludes that you are unable to work while recovering from your injury, and – most importantly – a lump sum money award for permanent injuries.

When to Seek Legal Help

These workers’ compensation benefits, although state ordered, are funded by private insurance companies. Because of this, the system can be confrontational and adversarial, and you often need an attorney to ensure that you are receiving your proper benefits from the insurance company. Additionally, major changes in the workers’ compensation law were passed in 2005. These changes make it harder to obtain workers’ compensation benefits.

The Missouri Department of Labor and Industrial Relations advises:

“An injured worker may also elect to bring an action for personal injury in circuit court against an employer that fails to insure its workers’ compensation liability. Making a claim against the Second Injury Fund and filing a suit in circuit court are complex legal matters. Before taking such action, it is advisable that you consult a lawyer.”

The Meehan Law Firm

If you have a workers’ compensation case, you may need a skilled and experienced attorney to manage your case properly. The attorneys of the Meehan Law Firm can help you get the workers’ compensation benefits you deserve. Contact us to discuss your case today.

Sources:

http://www.nolo.com/legal-encyclopedia/your-right-to-workers-comp-benefits-faq-29093.html

http://www.nolo.com/legal-encyclopedia/your-right-to-workers-comp-benefits-faq-29093-8.html

http://labor.mo.gov/DWC/Injured_Workers/employer_no_insurance.asp

http://meehanlawfirm.com/workers-compensation-benefits.html

If you are injured at work, you may be entitled to benefits from your employer. However, the type of benefit you may receive depends on how your injury has affected your ability to work in the long-term.
Temporary Disability

Total Disability: Temporary total disability (TTD) is a type of benefit available to injured workers during the period of time they are recovering from a workplace injury or occupational illness before returning to work.

If you are unable to return to work due to your injury, or you must take time off of work to recuperate from a surgery, you may be entitled to TTD benefits. If you receive TTD benefits, you should continue to receive them until a physician has confirmed that you have reached the end of your treatment, or you can return to your previous work.

Partial Disability: If your employer offers you lighter duty work, you may not be eligible for TTD benefits. However, if you return to light or modified duty at less than full pay, the workers’ compensation law requires that temporary partial disability benefits be paid to you.

Permanent Disability

Partial Disability: Unlike TTD benefits, which are paid over an extended period of time, permanent partial disability refers to a lump sum amount of money awarded to an injured worker for a permanent disability. The term “permanent disability” can often refer to the loss of use of a limb or joint in the future.

Permanent partial disability (PPD) means your work injury prevents you from doing certain tasks, but you are still able to work.

Total Disability: Permanent total disability means that you are no longer able to work at any job. If you are permanently disabled by a workplace injury, you could be entitled to lifelong weekly payments from your employer. Or, you might negotiate a lump sum.

When you are injured in the workplace, it is important to contact an attorney who can help you assess what type of injury claim for which you may qualify. The Meehan Law Firm has experience in all types of personal injury cases. Contact The Meehan Law Firm to discuss your case today.

Sources:

http://labor.mo.gov/DWC/Injured_Workers/benefits_available.asp#BensAvail1

http://labor.mo.gov/DWC/Injured_Workers/obt_lawyer.asp

http://labor.mo.gov/DWC/Injured_Workers/benefits_available.asp

http://library.findlaw.com/2009/Jan/16/247315.html

Workers’ compensation injuries fall into two categories:
Occupational Diseases- illnesses affecting the respiratory system, skin, hearing or other body systems; usually occur over time, and include ailments caused by repetition or environmental factors.
Traumatic Injury- injuries such as sprains, fractures, cuts or concussions; occur in one occurrence, and can include injuries caused by a traumatic event such as a fire, chemical spill, fall or other unexpected occurrence.

Types of Traumatic Injuries
The U.S. Department of Labor defines a traumatic injury as “a wound or other condition of the body caused by external force, including stress or strain. The injury must be identifiable as to time and place of occurrence and member or function of the body affected. It must be caused by a specific event or incident — or series of events or incidents — within a single day or work shift.”

Some common traumatic injuries include:

• Chemical spills
• Heavy object moving or lifting
• Fires
• Falls from a height

Facts About Traumatic Injuries

• According to a 2007 Centers for Disease Control (CDC) study:
• more than 4 million workers had a nonfatal injury or illness
• 9,000 workers are treated in emergency departments each day, and approximately 200 of these workers are hospitalized
• 3.4 million nonfatal injuries and illnesses among civilian workers were serious enough to be treated in hospital emergency departments.

Some employers have procedures in place for seeking medical attention after a traumatic injury. Often, they will advise employees of a specific medical center preferred for treatment. In any trauma situation, the first step is to call 911 and seek immediate care.

When to Get An Attorney Involved
Contacting an attorney to help with a traumatic injury case is a smart course of action if:

• Your employer denies medical care
• Your employer responds to your case by firing, or disciplining you
• You do not receive the full amount of your workers’ compensation benefits

You need an attorney with access to specialists who can accurately assess your injuries. The attorney can then force the insurance companies and your employers to send you to an appropriate care physician. The more treatment that one receives, the better response the person will have, and the less chance there will be of permanent disability. The lawyers of Meehan Law Firm in St. Louis, Missouri have extensive experience with traumatic injury workers’ compensation cases.

As a result of the 2005 Missouri legislative reforms, an issue has developed regarding reinjury to a body part that was hurt in a previous workers’ compensation claim or other traumatic incident. Under the new law, work has to be the substantial factor in the injury. This has led many employers and their insurance companies to deny otherwise compensable cases simply because the person had a prior accident in their history. You will need an attorney to assist you in getting over this hurdle.

Workplace traumatic injury can also result in future medical needs, which the Workers’ Compensation Division must address in connection with their award. The Meehan Law Firm has experts that can assess whatever your future medical needs might be.

Sources:

http://www.yourlegalguide.com/workers-compensation-injuries/

http://www.cdc.gov/niosh/injury/

http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5616a3.htm

http://employment.findlaw.com/employment/employment-employee-more-topics/employment-employee-health-safety-top/employment-employee-safety-resources.html

The Second Injury Fund is now facing a financial crisis that could bankrupt future payments.  The Second Injury Fund receives its funding from a surcharge paid by employers on their Workers Compensation premiums.  In 2005 the Republican majority lowered the surcharge from seven to three percent, which failed to provide the fund with sufficient future revenues to pay existing liabilities plus the current claims, which are still clogging the Missouri Workers Compensation system.  Multiple audits by the Attorney General’s office, the Treasurer’s office, and other State agencies warned lawmakers that the surcharge had been set too low, and that the fund would eventually run out of money.  That reality occurred in the fall of 2010, when the Second Injury Fund ceased making voluntary payments and indicated that it would only pay awards.

Since then, there have been 55 new permanent total disability awards issued by the administrative law system.  The fund has refused to pay those, because it does not have enough funds to pay both the new claims as well as its old liabilities.  As a result, these permanent total disability claims remain unpaid and injured workers are going without benefits.

The Second Injury Fund was created in 1946 in the wake of World War II, when employers were fearful that disabled war veterans that became injured on the job would force them to cover disability payments.  The fund has evolved over the years as an excess, or shared risk, pool that provides employers with some shield when older or often-injured workers suffer a career-ending injury on the job.  The Second Injury Fund also provides important benefits for injured workers who work for an uninsured employer, or had a loss of a second job due to the work injury.  Currently, none of these benefits are being paid to Missouri workers.

Once an obscure area of Workers Compensation law, the Second Injury Fund was also the target of a political scandal in 1988, when then-candidate William Webster was indicted and convicted for engaging in a political kick-back scheme with Workers Compensation lawyers in the St. Louis area.  Five lawyers and five judges were eventually indicted and disbarred.  Since then, the Fund has provided important benefits and has been well managed by the Attorney General’s office, who acts on behalf of the Treasurer.  Its current woes are not due to mismanagement, but rather the political agenda of the Missouri business lobby and its Republican allies.  In the current session, lobbyists such as the Chamber of Commerce and the Associated Industries of Missouri worked relentlessly to kill any of the fixes proposed, and forwarded their own agenda of further limiting workers’ rights in Missouri.  Fortunately, their efforts also failed, as they were tied to the Second Injury Fund solutions.

Where do we go from here?  Multiple experts in the field have all predicted that employers will pay more in the long run through larger disability payments without the fund.  Unfortunately, the Republican majority and its business lobbyists are blind to the economic facts and are hell-bent to destroy the fund.

If you think you have a potential Second Injury Fund claim, or have not been paid a Second Injury Fund payment, contact the Meehan Law Firm, who is experienced in Workers’ Compensation settlements.

What is workers’ compensation?
Injuries caused by an employee’s work are eligible for workers’ compensation. Physical injuries such as falls, work environment-caused illnesses and anything else caused by a work-related task. Injuries could also include those caused by repetition of movement such as carpal tunnel.

I heard you can get big settlement money out of workers’ compensation. Is a workers’ comp claim a way for me to make some quick money?
The monetary benefits of a workers’ compensation claim include:

• Medical Treatment - If you are hurt at work, it is your employer’s responsibility to provide and pay for all of your medical treatment, even if it’s for the rest of your life.
• Paying For Time Off Work - Your employer is responsible for paying you for lost time at work due to your work injury.
• Disability Settlement – It is your employer’s responsibility to pay you a final lump-sum settlement for any remaining symptoms from your work injury. In other words, a workers’ comp settlement doesn’t mean a big payday, but it does mean coverage for your injury.

My employer said they will handle everything for me. Why should I get a lawyer involved?
Most employers and their insurance companies will do what they can to protect their own organization. Their first priority is protecting their own interests, not yours. Many of the clients we meet with who have been hurt at work are hesitant to even file a claim. It is only after a client has been treated unfairly by the insurance company that they decide to file a claim. Injured workers should understand that the law gives them certain rights if they are injured at work. There is absolutely nothing wrong with enforcing your rights, and an attorney will help do this.

What is a workers’ compensation lawsuit?
A workers’ compensation claim provides an employee with compensation for an injury or illness as a result of employment, with strict liability, meaning there is no need for proof of fault. In most cases, you would not be able to bring a separate lawsuit against your employer unless the employer does not have sufficient workers’ compensation coverage. In some cases, a lawsuit may be brought against a third party at fault.

Whom should I contact in the St. Louis Metro area regarding workers’ compensation?
Over the last 20+ years, the attorneys at the Meehan Law Firm have represented workers’ compensation cases in both Missouri and Illinois. If you’ve been injured at work, your case should be filed in the state in which you were injured, not where you live.

At the Meehan Law Firm, we represent our clients to recover what the law states they are entitled to. There is no question that the workers compensation insurance companies are doing everything they can to restrict your rights and prevent your recovery. In fact, we have a history with many of the defense doctors the workers compensation insurance companies hire. We know what they will say, and we have the necessary medical documentation to refute them.

We will do everything we can to make sure all of your rights are being protected. Along the way, we will keep you informed and constantly stay in contact. We will answer all of your questions about workers compensation law so understand and realize what you deserve. If you have been injured at work, contact a workers compensation attorney at the Meehan Law Firm to review your case. Your consultation is free, what do you have to lose?

Workers Compensation cases are one of the Meehan Law Firm’s areas of expertise. If you feel you have been treated unfairly and need legal representation, contact us today at (314) 725-9994. At the Meehan Law Firm, your consultation is free.

Sources:
“U.S. Department of Labor – Office of Workers’ Compensation Programs (OWCP) – About OWCP.” The U.S. Department of Labor Home Page. Web. 1 May 2011. http://www.dol.gov/owcp/.

“Missouri Labor | Workers’ Compensation.” Missouri Department of Labor & Industrial Relations. Web. 1 May 2011. http://www.labor.mo.gov/dwc/.

In Missouri, employers are allowed to deny workers’ compensation claims even though they may, in fact, be compensable. Changes enacted by the 2005 Republican legislature led to a restriction of benefits by severely restricting the definition of a compensable injury. Many injuries, such as repetitive motion injuries, back claims and injuries that reinjure a pre-existing injury, have routinely been denied by employers and their insurance companies. In Missouri, employers control the medical aid and they oftentimes either deny any medical aid or send injured employees to urgent care centers which do not provide specific medical services.

Experienced attorneys like The Meehan Law Firm know that getting an injured worker prompt and appropriate medical treatment is the most important part of the workers’ compensation claim. Employers and their insurance companies often attempt to under-treat workers in an attempt to minimize the nature and extent of the injured worker’s injury. A classic example is the lifting injury at work. Often these workers are sent to an urgent care doctor, who simply diagnoses it as a simple back strain and prescribes muscle relaxants or other pain medication.

These doctors know that a proper approach would be to order a x-ray or MRI, but they refuse to do so. Under Missouri law, it is the employee’s right to demand appropriate medical care. If the employer or insurer refuses to provide adequate medical care, the injured Claimant can ask (through the assistance of an attorney) to force the employer or insurance company to send them to an appropriate medical provider. This is often seen with urgent care centers that now use nurse practitioners. Attorneys like The Meehan Law Firm are experienced in medical disputes and have successfully obtained treatment for hundreds of clients over the last twenty-six years.

Once the injured worker has been treated, the injured worker may be entitled to a lump sum permanent partial disability payment. This payment is calculated using a complex formula that weighs the injured worker’s salary and their medical diagnosis and medical history. It is necessary to obtain expert medical opinion in order to pursue the lump sum disability payment.

Attorneys like the Meehan Law Firm have experts available to them to consult with and to prepare forensic medical reports that allow the injured worker to maximize their legal recovery. Since unrepresented workers do not know the rules of the workers’ compensation system, they are at the mercy of the insurance companies and their attorneys, who know the permissible ranges of settlement. Complicating matters are rules that limit the administrative law judges’ ability to give information to claimants. Under the current rules, administrative law judges may simply inform an injured worker of their legal rights, but cannot specifically discuss the merits of any injured worker’s claim, their amount of disability or what the potential value of their claim might be. In order to obtain this information you need the services of an attorney such as the Meehan Law Firm.