• Debt collectors failing to identify themselves (only company name), or failing to state that collector is confirming or correcting locating information
• Debt collectors disclosing to third parties that debts are owed
• Contacting any person more than once, unless requested to do so by the third party
• Contacting any person after knowing you are represented by an attorney 
• Calling you before 8:00am and after 9:00pm, your time
• Contacting you after you are represented by an attorney (i.e. your Bankruptcy attorney)
• Calling place of employment after debt collector knows employer prohibits calls (after you say, do not call me at work”)
• Contacting you, after you, in writing, tell debt collector you are not going to pay debt, or you want collector to cease communication Harassment or Abuse
• Debt collectors harass, oppress, or abuse any person
• Threat of Force or criminal means to harm you or your property
• Using profane language
• Calling repeatedly
• Calling you without disclosing identity (“I am a debt collector attempting to collect a debt”)
• False or Misleading Representations in Communication
• Attempting to collect more than is owed
• Implying debt collector is an attorney when it is not.
• Threatening that the nonpayment will result in imprisonment, garnishment, and attachment.
• Threatening to sue you when they are not an attorney.
• Threatening to take any action debt collector doesn’t intend to take or otherwise lying. Robert Healey FREE CONSULTATION 314-481-7778

For More Information, Please Visit the Swaney Law Firm website

Whenever an employee is injured, a report of injury is to be filed with the State of Missouri.  If an employee chooses, he may file a claim for compensation with the Workers’ Compensation division.  His case will then be assigned to one of the state offices and eventually proceedings will be scheduled in front of a judge.

As part of the claim for compensation, an employee can request to be compensated by the State of Missouri for pre existing injuries and disabilities.  The basic concept is that an injured employee may be affected by other injuries and disabilities which pre existed the work injury.  For example, I recall representing an employee many years ago who had a rotator cuff tear injury to his right shoulder.  Under normal circumstances, this would be a significant injury, but the employee had been afflicted with Polio, as a child and had little or no use of his left arm.  He had managed to work in a factory setting performing all of his work with one arm.  As  you can imagine, the injury to his right shoulder had created complications because his only “good” arm was now injured.  He relied on his right arm for everything and now he was suffering from an injury which limited what he could do.

I filed a Second Injury Fund claim on behalf of the injured worker and we were eventually able to enter into an additional settlement above and beyond what the insurance company paid.  If you are injured on the job, any pre existing disabilities should be considered regardless of their cause.  An experienced attorney can then analyze all of your medical records in order to determine your eligibility for additional benefits. Jeff Swaney FREE CONSULTATION 314-481-7778

For More Information, Please Visit the Swaney Law Firm website

St. Louis Car Accident Attorney- Police Reports

Car Accident:

Situation :

Cindy is on the highway and she is struck from the rear by another driver.  Both drivers pull over and the other driver apologizes for running into Cindy.  She asks her not to contact the police and provides her with insurance information.  Cindy contacts the other driver’s insurance company in order to have her car fix and to report that she is injured.  The other driver’s insurance adjuster tells Cindy the case is being denied because the other driver gave a statement and said that Cindy swerved in front of her and stopped suddenly.

Advise:
Contact the police at the scene of any significant accident, especially when injuries are involved.  A driver is more likely to be truthful at the scene of the accident.  A driver may start to think about an accident and may try to come up with an explanation to suite their purpose. Submitted Jeff Swaney FREE CONSULTATION 314-481-7778

For More Information, Please Visit the Swaney Law Firm website

Missouri Workers’ Compensation- Reporting Injuries

Situation 1

Joe is an honest, hardworking employee who injures his back on the job on a Friday afternoon. Joe doesn’t know if he is injured and decides not to report the accident to the employer that afternoon. He figures that he will put ice and heat on his back over the weekend in hopes that he will feel better by Monday when he goes back to work.

When Joe arrives at work on Monday, he has severe pain in his back and decides to report the accident to his supervisor. Joe is surprised when his supervisor accuses him of injuring his back over the weekend. He confronts Joe with the fact that he did not report the accident when it occurred and finds his story to be very suspicious. The employer’s insurance company has now denied Joe’s claim and they launch an investigation which, at the very least, delays Joe’s benefits and treatment. At worst, the insurance company denies the case because of the suspicious circumstances.

Advice:
It is important for you to immediately report an on the job injury, even if it is unclear as to how serious the injury may be. The seriousness of an injury may not be apparent immediately after the accident.

DON’T TAKE ANY CHANCES, REPORT INJURIES WHEN THEY OCCUR!

Situation 2:

Bill is a construction worker who feels a strange pop in his shoulder when he is working. Work is slow and there have been a lot of layoffs. Bill is afraid of getting laid off, so he doesn’t report the injury to anyone. Bill struggles with his shoulder day by day and a month later, Bill received notice that he is terminated due to lack of business. The shoulder has become more painful and Bill goes to see a doctor who tells him that he has a torn shoulder muscle and is going to require surgery. Bill would now like to report his injury and make a claim, but Bill’s case is denied by the workers’ comp carrier on the grounds that he failed to report the accident within the time required by law. In addition, Bill’s employer takes the position that Bill is only filing a claim in retaliation for being fired. Had Bill reported the claim when it first happened, he would have had surgery on his shoulder and would be receiving workers’ compensation benefits and treatment.

Advice:
Do not avoid reporting work injuries because you are afraid of a layoff. If you end up being laid off and don’t report the injury, then an employer might believe that your claim is motivated by being laid off or fired.

Situation 3:

Samantha hurts her knee on the job. She doesn’t think that it is very serious and doesn’t want to make a workers’ compensation claim. Sam decides to get treatment and makes an insurance claim with her group health insurance. As it turns out, Sam’s knee injury is going to require surgery and she doesn’t have much sick time available. Sam decides to tell her employer that her injuries are work related but the employer and the workers’ compensation carrier deny her claim. They argued that Sam did not injury herself at work, but is trying to file a workers’ compensation because her sick pay won’t cover her time off of work. Most judges will probably come to the same conclusion if Sam’s case goes to trial because they believe that Sam filed a false claim with her health insurance company and would have reported this as a work injury if it had actually occurred at work                                                                                 Advice:
Do not file a claim with your group health insurance if you are injured at work. Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

For More Information, Please Visit the Swaney Law Firm website

The Missouri workers’ compensation division is located in Jefferson City. This is the central office which administers all of the local branch offices. The office in Jefferson City also serves as a local office and maintains the Missouri Industrial Relations Commission which handles appeals for the local offices.

The Jefferson City office is located at 3315 West Truman Blvd, P. O. Box 58, Jefferson City, MO 65102-0058. Their telephone number is 1-573-751-9691.

For years, administrative law judges had been giving advice to employees have been giving advice to employees with regard to settlement offers and various legal options. Under the new law which came into effect in 2005, a judge is required to approve any settlement unless he believes that the employee doesn’t understand their legal rights. Previously judges were permitted to advise injured employees if there were receiving low offers and they would evaluate claims. In many cases, they would advise an injured employee to seek legal counsel from an attorney if they felt that they were being treated unfairly.

Under the present system, administrative law judges have been severely restricted and effectively muzzled when it comes to low ball settlement offers. This has saved insurance companies a lot of money because many cases have been settled for a very low amount. Some injured employees have been told that there is a set dollar amount which will be determined by the insurance company’s doctor. However, there are no set amounts and studies have shown that employees who are represented by attorneys have received significantly greater settlements.

In summary, it is important to understand that the Missouri Workers’ Compensation division provides judges in order to hear disputes. They also provide administrative personnel who can answer basic questions. However, there are no longer any legal advisors and judges are no longer able to effectively protect employees from being hustled by insurance adjusters and attorneys making low settlement offers. Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

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