Blog Posts in October, 2019

Workers’ Compensation Cases and the Rule of Necessity

A recent workers’ compensation case made it to the Missouri Court of Appeals. In the case, Nivens v. Interstate Brands Corp. , an injured worker applied to the Second Injury Fund for compensation after workplace injuries coupled with older medical conditions to make him unable to function on the job. The case is a rare one that revolves around the Rule of Necessity, which allows even conflicted ...

Pedestrian Accident Could Have Harsh Legal Results

A car accident involving a pedestrian in St. Joseph brings out some of the harsh realities about assigning fault in an accident. While many people assume that the “victim” in a crash was the one who got seriously hurt, the law focuses instead on who was responsible. In some cases, the person who suffered the most can also be legally liable for the other person’s losses and injuries. Pedestrian ...

OSHA Continues to Give Workplace Safety Powers to Employers

The Occupational Safety and Health Administration (OSHA) is said to be investigating a fatal workplace accident in St. Joseph. The role of OSHA in that investigation, though, has been shrinking to dangerously narrow proportions in recent years, as the agency pushes more and more responsibility onto employers. When employers investigate fatal accidents at their plants, the losers are the employees. ...

How Do Medical Liens Work After a Car Accident?

It is a common dilemma: People who get hurt in car accidents might very well be entitled to compensation from the other driver, but their medical bills are due now . The pressure from hospitals to pay the bills can make car accident victims think that they have no other options. It often drives them to settle their personal injury lawsuit as quickly as possible, even if it means they only get a ...

Missouri Workers’ Compensation, Frolics, and Detours

One of the most important limitations about workers’ compensation coverage is that it only applies to injuries you suffer on the job . In our last workers’ compensation post, we wondered whether a postal worker was still “on the job” when their mail truck was hit by a school bus . It was 5pm, and many jobs have set hours, so if the mail carrier was working past shutdown, they could have a tough ...