Workers' Compensation Blog | St. Joseph Injury Lawyer

16

Sep 2020

Commission Refuses to Follow Court Ruling

The Labor and Industrial Relations Commission recently made a shocking and disturbing decision in a workers’ compensation case: They expressly refused to apply the interpretation of the law from the Missouri Court of Appeals. Injured Worker Recovers Compensation The situation began in late January, 2017. A 62-year-old Wal-Mart employee, with a history of several medical conditions, was lifting a ...

Posted By Smith Law Office

2

Sep 2020

As OSHA Inspections Decline, Workplaces Become Less Safe

Workers in St. Joseph and the rest of Missouri would much rather not suffer a workplace injury than receive workers’ compensation . While workers’ compensation is essential for the recovery process, no one wants to get hurt in order to receive it. Preventing those workplace injuries is something that the Occupational Safety and Health Administration (OSHA) is supposed to do. Increasingly, though, ...

Posted By Smith Law Office

19

Aug 2020

New Rulings Tighten Workers’ Compensation Coverage

Earlier in our blog, we tracked a pair of workers’ compensation cases that made it to the Missouri Supreme Court . Both of those cases raised an important question in workers’ compensation law: When does an injury “arise” out of the course of employment? As we predicted in that earlier blog post, the Missouri Supreme Court denied the victims recovery in both cases. Missouri Supreme Court Denies ...

Posted By Smith Law Office

5

Aug 2020

Injured Worker Pointed to Second Injury Fund

The Missouri Court of Appeals recently ruled on a workers’ compensation case that implicated the still controversial Second Injury Fund . Once again, it is the injured worker who stands to lose. Corrections Officer Assaults: Awarded Workers’ Compensation The case involved a corrections officer at a Missouri prison. While on duty, she was attacked by one of the inmates. Because of a locked door, ...

Posted By Smith Law Office

22

Jul 2020

The Demise of Missouri’s Comfort Doctrine

Missouri courts have long been chipping away at workers’ compensation protections. Perhaps nowhere has this been more blatant than in how the Supreme Court of Missouri effectively ended the “comfort doctrine.” What is the Comfort Doctrine? The comfort doctrine is a piece of the law that lets injured employees tap into their workers’ compensation coverage for accidents that happened while they were ...

Posted By Smith Law Office

8

Jul 2020

Employers Use Liability Waivers for Returning Workers

As Missouri struggles to reopen from the coronavirus, employers are looking for ways to insulate themselves from liability if one of their workers contracts COVID-19. The method of choice in St. Joseph has been to force employees to sign a liability waiver. But are these waivers enforceable? And how will they alter an employee’s rights to workers’ compensation if they get sick? St. Joseph ...

Posted By Smith Law Office

24

Jun 2020

The Aggressor Defense in Workers’ Compensation Cases

The Labor and Industrial Relations Commission (LIRC) continues to deny workers’ compensation whenever it finds an opportunity. The most recent case involves a problematic application of the so-called “aggressor defense” to injuries caused by workplace fights. Employee Hurt in Fight, Claims Workers’ Compensation The case is Ford v. Associated Electric Cooperative, Inc . Back in June, 2015, two ...

Posted By Smith Law Office

10

Jun 2020

Coronavirus Lawsuit Against Missouri Meat Processing Plant Dismissed

Meat processing plants in Missouri have proven to be a reliable source of coronavirus infections. With the close proximity of the workers and the difficult work environment, germs spread easily. The processing plants, however, have been slow and less than willing to take adequate safety precautions. Workers in a processing plant in Milan, Missouri, filed a lawsuit for these failures to keep them ...

Posted By Smith Law Office

27

May 2020

Utility Workers Hurt in Kansas City Explosion

Five utility workers in Kansas City have been hurt in an explosion. While the cause of the explosion is still under investigation, it appears that a faulty switch may be to blame. If it is, the injured workers may be able to recover workers’ compensation as well as file a products liability lawsuit . Explosion Hurts Five Utility Workers in Kansas City The initial reports have indicated that the ...

Posted By Smith Law Office

6

May 2020

Congress Considering Legal Immunity for Businesses that Spread Coronavirus

St. Joseph is letting its stay-at-home order expire and allowing businesses in the area to reopen. The decision will allow more people to interact with each other in public, which is going to increase the number of coronavirus cases in the area. This raises a crucial question: When people get sick because of actions taken by businesses or their boss, can they file a personal injury lawsuit and ...

Posted By Smith Law Office

29

Apr 2020

Can Coronavirus Fears Let Employees Refuse to Work?

The coronavirus has upended the idea of what makes a workplace unsafe. Suddenly, it has become dangerous to merely work in close proximity to coworkers and face the constant exposure of new people and customers. If anyone is infected with the virus, it can spread in the workplace and get other workers sick. Workers’ compensation only goes so far: People infected with coronavirus can face ...

Posted By Smith Law Office

15

Apr 2020

Emergency Order for Workers’ Compensation Coverage for Coronavirus Victims Isn’t Enough

In a recent workers’ compensation blog post, we looked at whether Missouri’s workers’ compensation scheme would cover healthcare workers infected with the coronavirus . That post looked at Missouri Statute 287.067 , which defines “occupational diseases,” and predicted that, based on prior cases in the state, it would provide workers’ compensation coverage for healthcare workers. However, the post ...

Posted By Smith Law Office

1

Apr 2020

Coronavirus' Long-Term Impact on Workers’ Compensation

As states like Missouri scramble to adapt their workers’ compensation schemes to the coronavirus spread, some of the weaknesses at the heart of the system are becoming more and more apparent. Chief among them is the power of insurance companies to simply raise their rates, indirectly shifting the costs of current coverage to tomorrow’s workers. States Struggle to Adapt Workers’ Compensation to a ...

Posted By Smith Law Office

18

Mar 2020

Will Workers’ Compensation Cover Healthcare Workers Infected with Coronavirus?

As the coronavirus, or COVID-19, continues to spread through Missouri and St. Joseph, healthcare workers are getting exposed to the disease on a regular basis. It is only a matter of time before they start getting sick. Thankfully, Missouri law seems to indicate that healthcare workers who get infected with coronavirus should be covered by workers’ compensation . Missouri’s Occupational Disease ...

Posted By Smith Law Office

4

Mar 2020

Missouri Supreme Court Hears Workers’ Compensation Cases

The Supreme Court of Missouri recently heard oral arguments for two important workers’ compensation cases. Both of those cases seem poised to continue to restrict the rights of injured workers by limiting the concept of a workplace injury . This would make it increasingly more difficult for injured workers in Missouri to get the compensation they deserve. Supreme Court of Missouri Hears Two ...

Posted By Smith Law Office

19

Feb 2020

Missouri Workers’ Compensation Case Lacks Dependents

A Kansas City man who was severely hurt in a workplace accident at a UPS facility on February 10 has died from his injuries. UPS has stressed, repeatedly, that the man was a contractor and not an employee. The difference matters for the workers’ compensation benefits, though even if there are survivor benefits available, the victim’s lack of dependents to collect it can complicate matters. Worker ...

Posted By Smith Law Office

5

Feb 2020

2 Cops Accused of Workers’ Compensation Fraud

A husband and wife who had retired from working as police officers have been accused of workers’ compensation fraud for faking injuries and collecting benefits. Married Couple Accused of Workers’ Compensation Fraud The situation unfolded in Santa Clara, California. A husband and wife – both of whom worked as police officers in the area – had both retired from the force after suffering injuries. ...

Posted By Smith Law Office

22

Jan 2020

Workplace Death Leads to Products Liability Lawsuit

The family of a St. Joseph man who was killed in a tragic workplace accident have filed a lawsuit against the company who made the machine that killed him. The lawsuit is an example of an important hole in the rule that victims who receive workers’ compensation cannot sue for other damages. Workplace Accident Leaves One Dead at St. Joseph Lumber Mill Back on March 12, 2018, a St. Joseph man ...

Posted By Smith Law Office

8

Jan 2020

The 4 Types of Injuries in Workers’ Compensation

Workers’ compensation law is full of complicated terms and phrases. Understanding the law, though, requires a thorough comprehension of these words and what they mean. Four of the most common phrases that get used to describe someone’s workplace injury are: Permanent total disability, or PTD, Permanent partial disability, or PPD, Temporary total disability, or TTD, and Temporary partial ...

Posted By Smith Law Office

18

Dec 2019

Jail Time Counters Worker’s Unemployable Claim

A workers’ compensation case made it all the way to the Missouri Court of Appeals. Once there, though, the court made an interesting statement about how hurt workers can prove that they are “unemployable” because of a disabling injury. At the very least, the court’s decision highlights the importance of vocational experts. At most, though, the repercussions could have disturbing consequences. ...

Posted By Smith Law Office

11

Dec 2019

When Can Workers’ Compensation Claims Recover the Costs of the Case?

A workers’ compensation case in Missouri clarifies when one side can be made to pay the court costs and attorney’s fees of the other side. According to the Labor and Industrial Relations Commission, only what happens during the claim for workers’ compensation matters – not anything that happened before the case was filed. Judge Makes Employer Pay Attorney Fees and Court Costs The case, Stratton v. ...

Posted By Smith Law Office

4

Dec 2019

Why Workers’ Compensation Judges’ Beliefs Are Difficult to Appeal

In a recent workers’ compensation blog post, we discussed how administrative law judges weigh the credibility of testifying doctors . In short, it is very easy for these judges to see what they want to see. What an administrative judge wants to see typically aligns with their pro-business or pro-worker political stance, which in turn mirrors the stance of whoever appointed them to their position ...

Posted By Smith Law Office

13

Nov 2019

The Problem With How Administrative Law Judges Determine Credibility

An otherwise innocuous workers’ compensation case highlights one of the ways that the legal system is stilted against injured workers in Missouri. Whenever there are conflicting medical opinions about how a worker got hurt – and there usually are – administrative law judges have to decide which doctor is more credible. Those credibility findings are extremely difficult to overturn on appeal, and ...

Posted By Smith Law Office

30

Oct 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 ...

Posted By Smith Law Office

16

Oct 2019

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. ...

Posted By Smith Law Office