PERMANENT TOTAL DISABILITY FOR WORK INJURIES

A few years ago the law in Missouri changed regarding permanent total disability stemming from a work injury.
The term “total disability” is defined as the “inability to return to any employment and not merely the employment in which the employee was engaged at the time of the accident.”
If an injured worker is permanently totally disabled due to a current work injury, his or her employer pays the permanent total disability (PTD) benefits.
If an injured worker is permanently totally disability due to the combination of his current work injury combining with the employee’s pre-existing disability there is a question of who is responsible for paying PTD benefits. The Second Injury Fund may be liable to pay the PTD benefits. The Second Injury Fund is a Missouri governmental agency.
There are a number of recent cases denying PTD benefits from the Second Injury Fund. The standards for obtaining PTD benefits from the Second Injury Fund are strict.
First, the preexisting disability must be medically documented. That can be problematic. A number of hospitals and medical providers in the area have closed their doors. Getting medical records can take a good bit of perseverance and investigation.
The preexisting disability must equal a minimum of fifty weeks of permanent partial disability compensation. Missouri has a chart that shows the weeks assigned to body parts. It is based on that chart that the weeks of disability are determined.
To determine an employee’s prior disability a medical opinion is necessary.
Once those two prerequisites have been met, the pre-existing disability must be either
1) a direct result of active military duty; or
2) a direct result of a prior workers compensation injury; or
3) a preexisting disability that directly and significantly aggravates or accelerates the subsequent work-related injury; or
4) a preexisting permanent partial disability of an extremity, loss of eyesight in one eye, or loss of hearing in one ear that combines with a current injury to the opposite extremity, loss of eyesight in the other eye, or loss of hearing in the other ear.
If you need assistance with or legal representation for your on-the-job injury or have questions about the benefits available under workers compensation, call Dean Law Office LLC: 816-753-3100. No fee if no recovery.
Free initial consultation.
Claims in permanent total disability cases must be filed in a timely fashion. Because you have a claim number does not mean your claim has been filed. Insurance companies assign claim numbers which have nothing to do with a claim number provided by the Division of Workers’ Compensation.
The choice of a lawyer is an important decision and should not be based solely on advertisements.

THE MOST COMMON ON-THE-JOB HAZARDS LEADING TO WORKERS COMPENSATION CLAIMS

The National Safety Council recently announced the seven most common hazards workers encounter on the job.
The most common hazard, and often the most fatal, based on OSHA statistics is working from heights. Often there are violations related to scaffolding and ladders. Missouri has a number of laws on the books regarding scaffold and ladders. A violation of those laws, can increase your compensation under workers’ compensation by 15%.
The second most common on-the-job hazard is poor maintenance. Common examples include: clutter blocking fire exits, goods stacked too high, or leaks and spills that cause slip hazards. Missouri has a number of laws on the books that may allow you to increase your compensation by 15%.
The third most common on-the-job safety hazard is improper extension cords. Daisy chained cords can cause fire hazards and trip hazards.
The fourth most common on-the-job hazard is forklift-related hazards. Oftentimes workers are forced to work too quickly or overload the forklift. Forklift maintenance is often neglected leading to accidents. It may also be that a forklift is defective in some way. If that is the case, you may have a third-party action in addition to your workers’ compensation claim.
The fifth most common on-the-job hazard is improper lockout tag out procedures.
The sixth most common on-the-job hazard are chemical hazards.
The seventh most common on-the-job hazard involves working in confined spaces. People working in confined spaces face hazards including toxic substances, electrocutions, and asphyxiation. Missouri has a number of laws on the books regarding ventilators and exhaust systems. A violation of those laws, can increase your compensation under workers’ compensation by 15%.
If you need assistance with your on-the-job injury or have questions about the benefits available under workers compensation, just give a call: 816-753-3100. Dean Law Office, LLC.
Free initial consultation. No fee if no recovery.
The choice of a lawyer is an important decision and should not be based solely on advertisements.

SLIP AND FALLS ON THE JOB WORKPLACE INJURIES IN MISSOURI

As cold weather approaches, many of the workplace injuries that people experience are from slips and falls on snow or ice.

If you are on your employer’s premises and on the clock, compensation is usually not an issue. Your claim is a workers compensation claim. The employer should provide medical treatment, disability payments if you are off work, and a final settlement.

If you are on the clock and are injured by a slip and fall on someone’s else’s premises, compensation is usually not an issue. In addition to your workers’ compensation case, you may also have a lawsuit against the owner or renter of the premises where you fell. That lawsuit allows you to obtain compensation for pain and suffering-elements not compensated for under the workers’ compensation law.

More issues arise, if your fall is going to or coming from work. For example, if you park in a lot which is not controlled or owned by your employer, and fall on snow or ice coming to or going to that parking lot, workers compensation law doesn’t generally provide benefits. If the lot is not owned or controlled by the employer, you may have a lawsuit against the owner of the lot or the person who has control of the lot.

It’s very easy to determine if your employer owns the lot. A check of local property records can answer that question.

Determining whether your employer controls the lot often involves a complete investigation. What does the lease say? Has the employer had non-authorized cars towed from the lot? What signs are in place regarding who can park in the lot? Who has responsibility for maintaining and repairing the lot? Who is responsible for clearing the lot of snow and ice?

Dean Law Office LLC can obtain the information needed to establish the element of control.

If the lot is not owned or controlled by the employer, you may have a lawsuit against the owner of the lot or the person who has control of the lot.

In most slip and fall cases, pictures can be a great aid in determining liability. Dean Law Office, LLC has staff that can go out and get the pictures to prove your case.

Slip and fall cases that happen in the workplace may be more complex than they appear at first glance.

Dean Law Office LLC is committed to doing a full investigation of the facts.

If you have been injured on the job, Dean Law Office LLC can assist you in proving your case and getting you full compensation.
For a free consultation call, Dean Law Office, LLC at 816-753-3100.
Licensed in Missouri and Kansas
There is no fee unless you recover.
The choice of a lawyer is an important decision and should not be based on advertisement only.