816.875.9373

Workers' Compensation

Recent Posts in Workers' Compensation Category

  • Commission’s Narrow Workers’ Compensation Ruling Overturned, Again

    The Missouri Court of Appeals has again overruled the Labor and Industrial Relations Commission for its refusal to follow state Supreme Court precedent over the Second Injury Fund . The case is another step in the ongoing fight to get hurt workers the workers’ compensation they need to recover. Commission Refuses Second Injury Funds for Multiple Injuries The case involved a welder who hurt his ...
    Continue Reading

  • What are Third Party Claims in Workers’ Compensation?

    In Missouri, third party claims happen when a victim gets hurt while on the job by someone who is unrelated to the workplace. In these cases, the victim can recover workers’ compensation , and can file a personal injury lawsuit against the party that hurt them. However, the workers’ compensation insurance company can put a lien on the personal injury settlement to recover what it had already paid ...
    Continue Reading

  • Statutory Employers are Immune from Civil Lawsuits

    In several recent blog posts dealing with workers’ compensation law, we have looked at what statutory employees are , why they exist , and the “usual course of business” defense that many employers make. While statutory employees can use this legal concept to benefit from workers’ compensation coverage from someone other than their direct employer, it also means that these statutory employers are ...
    Continue Reading

  • Missouri Supreme Court Rules on Second Injury Fund, Again

    The Missouri Supreme Court recently waded back into the waters of the Second Injury Fund , one of the most controversial aspects of the state’s workers’ compensation system. While its prior case dealt with Senate Bill 1 and its drastic limitations on who could benefit from the bankrupted fund , this new case is more about clarifying when the worker’s preexisting injury would trigger the Fund. ...
    Continue Reading

  • Workers’ Compensation and Idiopathic Causes

    A Missouri appellate court has, once again, narrowly read the state’s workers’ compensation law to reduce the amounts that have to be paid by businesses after a workplace injury . In this case, the issue concerned idiopathic diseases, or those that do not have an identifiable cause. Obese Worker Dies from Heatstroke The case is Halsey v. Townsend Tree Service Co. , and involves the tragic case of ...
    Continue Reading

  • Workers’ Compensation Retaliation and Sovereign Immunity

    A recent case by the Missouri Court of Appeals emphasized the role that sovereign immunity plays in the state’s workers’ compensation law. Worker Claims Termination Was Retaliation for Filing Workers’ Compensation Claim The case involved a worker at the University of Missouri, the state’s public college. After several months of complaints from her subordinates, the worker’s supervisors decided to ...
    Continue Reading

  • Why are There Statutory Employers in Missouri?

    Several months ago, we discussed statutory employees in the context of workers’ compensation law in Missouri. While this classification of worker is essential for ensuring that hurt workers get compensated for their onsite injuries, the reasons for having statutory employees is not readily apparent. Here are three reasons why Missouri recognizes statutory employees and why they are useful for the ...
    Continue Reading

  • Obstacles in Proving an Occupational Disease

    In a recent blog post about workers’ compensation law, we looked at what amounts to an occupational disease . Unfortunately, in Missouri, there are so many limitations and other obstacles that recovering compensation for a medical condition that came from the workplace is very difficult. No Coverage for “Ordinary Diseases of Life” One of the most important limitations for occupational diseases ...
    Continue Reading

  • What is an Occupational Disease Under Workers’ Compensation Law?

    Under Missouri workers’ compensation law , an “occupational disease” is an identifiable disease that arises out of and during the course of employment. While occupational diseases fall under an employee’s workers’ compensation coverage, actually recovering this compensation is not easy. Occupational Diseases Under Missouri’s Workers’ Compensation Law Workers in Missouri who have been exposed to ...
    Continue Reading

  • Personal Injury Claims for COVID Infections at Work

    In a recent blog post, we discussed how ordinary employees infected with the coronavirus on the job could recover workers’ compensation . If they are unable to prove that they got infected on the job, though, they might not be out of luck. Because of the trade-off at the heart Missouri’s workers’ compensation system , employees may be able to file a personal injury lawsuit against their employer ...
    Continue Reading

  • Workers’ Compensation for Ordinary Employees Infected with COVID

    The coronavirus continues to infect and kill people in Missouri. However, a mixture of lockdown fatigue and excitement from the vaccine rollout has led lots of people to take riskier behavior. In lots of circumstances, this involves going to indoor gatherings and events in bars or restaurants without wearing a mask. The employees at these establishments are increasingly being put in difficult ...
    Continue Reading

  • Post-Injury Misconduct Defense Gets Huge Expansion

    Missouri employers often try to get out of making temporary disability payments to injured employees by claiming that the worker engaged in post-injury misconduct. A new workers’ compensation decision drastically expands this defense. Injured Worker Accused of Misconduct The case is Paxton v. Little Sisters of the Poor . In January, 2014, a nurse slipped on ice in the parking lot of the nursing ...
    Continue Reading

  • Statutory Employer Claims and the Usual Course of Business Defense

    In our last blog post about workers’ compensation , we looked at what it means to be a “statutory employee” in Missouri . However, it is not easy for an injured worker to prove that they were a statutory employee. Not only do they have the burden of proving that they are a statutory employee, they also have to overcome the defenses that companies vigorously raise to avoid liability, such as the ...
    Continue Reading

  • Workers’ Compensation and Statutory Employees in Missouri

    Most employers in Missouri are legally required to carry workers’ compensation insurance to cover their workers if they get hurt on the job. However, those that are required to carry this insurance do not always do so. When their workers get hurt, though, they are not always completely out of luck. They may be a statutory employee of another company at the time of the accident. A recent decision ...
    Continue Reading

  • How Workers’ Compensation Could Be Hurt by a Takings Clause Case

    The U.S. Supreme Court is set to hear a case next year that could indirectly impact workplace safety and workers’ compensation . Unionizing Efforts Lead to Takings Clause Claim The case is Cedar Point Nursery v. Hassid and comes from California. That state has a law that gives union organizers the right to enter agricultural areas for up to three hours per day, 120 days a year, to recruit farm ...
    Continue Reading

  • Triumph Foods Put Workers at Risk of COVID

    An investigation by USA Today has uncovered huge problems in the way that Triumph Foods handled the coronavirus outbreak in its St. Joseph processing plant this year. What they did, and the cover-up that followed, led to deaths and life-altering infections of the disease. Investigation Uncovers Recklessness at Triumph Foods During COVID We mentioned the outbreak of the coronavirus at Triumph Foods ...
    Continue Reading

  • Missouri’s Lack of a State Plan Puts Workers at Risk

    Some of the most important workplace safety regulations come from the Occupational Safety and Health Administration (OSHA) . However, states like Missouri are free to implement workplace safety rules that provide even better protections for workers within their borders. These are called State Plans , and can have a significant effect on workers’ compensation systems. Missouri, however, has refused ...
    Continue Reading

  • St. Joseph Says Educators are “Essential Workers”

    The St. Joseph School District (SJSD) has decided to reclassify school teachers and educators as “essential workers.” The shift in policy is meant to help keep local schools open during the pandemic. However, the details of the policy will mean that the virus will spread more quickly. It will also put teachers at risk of catching the coronavirus – a risk that their workers’ compensation might not ...
    Continue Reading

  • The Commission’s New Trend is Disturbing

    In the last month, we have covered multiple workers’ compensation cases where the Labor and Industrial Relations Commission expressly refused to follow decisions by the Missouri Court of Appeals. It is very easy to underappreciate just how problematic this is. It essentially means that the Commission has gone rogue to deny injured workers’ claims. Commission Refuses to Follow Court Decisions Both ...
    Continue Reading

  • Workers’ Compensation Commission Stretching for Ways to Deny Recovery

    Claims for workers’ compensation by injured workers have to go through an arduous administrative hearing process before they can be heard in court. That process has gotten more blatantly anti-worker in recent years. This is especially true for claims demanding compensation from the Second Injury Fund . A recent workers’ compensation case shows this in clear detail. Judge Denies Compensation for ...
    Continue Reading

  • 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 ...
    Continue Reading

  • 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, ...
    Continue Reading

  • 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 ...
    Continue Reading

  • 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, ...
    Continue Reading

  • 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 ...
    Continue Reading
Page of 6

Contact Smith Law Office, LLC Today

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please select an option.
  • Please enter a message.