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

A typical fully loaded large commercial truck can weigh 80,000 pounds or more, while the average vehicle weighs only 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.

Such a large-scale accident means there are an increased number of elements, making it harder to pinpoint the guilty party. In a trucking accident, any number of people could be at fault, including:

• the truck driver
• the owner of the truck or trailer
• the person or company that leased the truck or trailer from the owner
• the manufacturer of the vehicle, tires, or other parts that may have contributed to the cause or severity of the accident
• the shipper or loader of the truck’s cargo (in cases involving improper loading)

If you’re involved in a trucking accident:

Take detailed notes of what happened. Include pictures from the accident, any conversations you had with the truck’s driver, the trucking company or your insurance company.

• Keep a record of all hospital and doctor’s visits.
• Hold on to any evidence from the crash that could be helpful during the court case.
• Most importantly, contact an attorney who has experience handling large truck accident cases right away.

If you or someone you know has been the victim of a trucking accident, you should never take action on your own. Large trucking companies will use all available resources to minimize liability; drawing out the time it could take for you to receive compensation.

Understanding the complexity of a trucking accident, the players involved and what went wrong requires a lawyer with industry expertise. The Meehan Law Firm understands the intricacies of these accidents and has experience representing victims. Contact The Meehan Law Firm to discuss your case today.

Sources:

http://www.nolo.com/legal-encyclopedia/trucking-accidents-common-causes-liability-30156.html

http://www.nolo.com/legal-encyclopedia/trucking-accidents-driver-error-30029.html

http://injury.findlaw.com/car-accidents/commercial-truck-accidents-faq.html

http://injury.findlaw.com/car-accidents/commercial-truck-accidents-overview.html

Learn more about the 2005 tort reforms in this article from FindLaw:

Missouri Narrows Tort Reform Caps, Passes on Constitutionality Question.

Workplace traumatic injury cases are one of the Meehan Law Firm‘s areas of expertise. If you feel you 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.

Clayton divorce attorney Susan Hais and her firm have been ordered to pay a St. Louis County resident $25,000.00 for penalties for purposely using intercepted e-mails in divorce custody litigation. In the case involving the Hais law firm, the Court found that the Hais law firm obtained the intercepted e-mails from their client, who had unauthorized access to her ex-husband’s e-mails.  Lawyers are trained not to violate these rules, and the Hais law firm should have known that these communications were privileged and not subject to use in the trial.  The Judge’s ruling also was a prelude to a disciplinary complaint against Susan Hais and her law firm, which was instituted by the judge.  If she is found to have violated the Rules of Professional Conduct, Susan Hais could have her law license suspended or even taken away completely.

On March 15, 2011 the Hon. Barbara Wallace, a Circuit Judge in St. Louis County sitting in a domestic relations division, issued a written opinion finding fault with the actions of Susan Hais and her partners in the use of intercepted e-mails in the divorce litigation. Specifically, the Court found that the firm encouraged their client to it continue to intercept her ex-husband’s e-mails and also incorporated the use of the e-mails into their litigation strategy.  The Court found that the Hais lawyers should have known that this was prohibited under the Rules of Professional Conduct, especially since many of the e-mails involved privileged communications between Michael Howard, the father involved, and his prior attorneys.  The existence of the e-mails came to light after they were produced in a settlement conference.

The imposition of a $25,000.00 sanction underscores the Judge’s extreme displeasure with the conduct and behavior of the Hais law firm.  In addition, the Judge ruled against the Hais’s client by taking away full legal custody from her.  This is an extremely adverse result, and may also subject the Hais law firm to a legal malpractice claim by the client.  The combination of the sanctions order, disciplinary complains and a potential legal malpractice claim creates huge toxic environment for the Hais law firm.

Clients may seek civil money damages against their representatives for legal malpractice if their actions violate certain court rules that result in an adverse result against the client.  In the instant case, the Hais client may claim that, but for the Hais law firm’s actions in using e-mails, she may have prevailed in litigation.  It should be noted that the $25,000.00 sanction was not entered against the client, but rather against the Hais law firm.

The Hais law firm had asked the Missouri Court of Appeals to reverse the Judge’s decision; however that was denied on May 5, 2011.  The Missouri Court of Appeals did not explain its decision to deny the Hais law firm’s request.  Hais may now ask the Missouri Supreme Court to review the case.  If the Missouri Supreme Court refuses to review the case, the sanctions will stand, and the Hais law firm will have to pay the penalty or risk further judicial discipline.

This unusual case involving e-mails is uncharted waters for many attorneys.  With the advent of Facebook, Twitter and other social networking sites, electronic communications are becoming more and more a factor in divorce litigation.  What sets this case apart from simple Facebook posts is that these were clearly protected communications sent via e-mail between a client and his attorney.  The Court concluded that the Hais law firm should have known better and acted with poor judgment and possible improper motives.

If you believe your lawyer has acted improperly and it has affected your case, you should consult with attorneys who are qualified to handle legal malpractice claims like The Meehan Law Firm.  The Meehan Law Firm has been representing injured clients for over twenty-six (26) years and has represented many clients who have been damaged by their lawyer’s misbehavior.  Please call The Meehan Law Firm with any questions you might have on these types of situations.

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.

Adrienne Martin was found dead on December 19, 2010 in Busch’s West St. Louis mansion after a night of cocaine use.  In addition, she had a lethal dose of the painkiller Oxycodone in her system.  Despite these findings, Busch was never charged with any criminal violation and the St. Louis County Prosecutor’s Office has closed its investigation.
Adrienne Martin left a young son and his natural father filed a wrongful death lawsuit against August Busch, IV, alleging that he was negligent in providing drugs as well as failing to properly respond and call for emergency medical treatment.  The case was settled quickly before any details of the case were revealed in pre-trial depositions.
The case is of note not only because of the underlying facts, but because Adrienne Martin also left a mother and a father who have objected to the settlement, claiming that it is inadequate and does not provide sufficient damages.  Missouri law provides for court approval of any wrongful death settlement, and the court must allocate the proceeds from the lawsuit to all surviving members of the class.

Missouri law provides that in the event of the negligent death of an individual, that individual’s surviving spouse, children and parents have a cause of action for the loss of the companionship, society, comfort and income of the deceased person.  The survivors must file their lawsuit within three years of the date of the deceased’s death or the claim is barred.  Wrongful death cases do not permit for the recovery of grief, but you may recover for a lost income, the lost service of a parent, wife or child as well as non-economic damages such as the loss of the person’s society and companionship.

Damages for wrongful death cases differ greatly, depending on the age of decedent, the decedent’s marital status, whether or not the decent left surviving children, the decedent’s income history, the decedent’s health history and the decedent’s background.  Attorneys such as the Meehan Law Firm use forensic economic experts to prepare a report as to the lost potential future income of a deceased person.  Amendments to the wrongful death statute in the 2005 tort reform limited the ability of parents to recover for the lost income of children, based upon the parents’ level of education.  This amendment was widely criticized as being discriminatory against low income parents, but the State Legislature decided to enact it at the request of business interests.

Wrongful death cases can be brought as a result of a motor vehicle accident, trucking accident, construction accident, medical malpractice or product defect.  The cause of action belongs to the survivors and not to the deceased person’s estate.  Some or all of the survivors may participate in the lawsuit, and the court makes a determination to allocate any verdict or settlement after same is reached.  This is a court-ordered hearing, and all surviving members of the decedent’s family must be notified of their right to participate and to offer their consent or opposition to the proposed settlement.  The court then makes a determination as to what is in the best interest of the decedent, and allocates the proceeds accordingly.

In the Busch settlement, an interesting battle is setting up between the surviving child’s father, who does not have a claim but is the child’s legal representative, and his grandmother and grandfather.  According to the Post’s news report, Ms. Trampler is seeking custody of her grandson and opposes the settlement.  Ms. Martin’s estranged father also has surfaced and is asking for a portion of the proceeds.  These types of thorny battles often occur in fractured families.

To learn more about wrongful death lawsuits and whether or not you may have such a claim, contact The Meehan Law Firm for further information.