I have been totally surprised by the misinformation which has been spread after the passage of the new tort reform law. Since the law was passed by  Missouri lawmakers in 2005, I have had numerous calls from injured workers who have been told that “work comp” doesn’t pay on carpal tunnel cases anymore. This simply isn’t true! There have been changes in the law and the bar has been raised, but carpal tunnel and other repetitive motion claims are still alive and well, despite what you may have heard . At one time, the law was more lax and a case was compensable if work simply “triggered” an injury .The bar was then raised so that a worker had to prove that work was a “substantial factor”in producing an injury. The standard now is that the injured worker must show that work was “the prevailing” or the “domminant factor” in producing an injury. While this is a more difficult standard, it is an exaggeration, or a misrepresentation, for your employer or an insurance adjuster to tell you that “workmans comp” doesn’t provide compensation for “repetitive trauma injuries” anymore. This is also true of other repetitive trauma claims like “epicondylitis” (tennis elbow),”De Quervains Syndrome”,”tendonitis”, “ulnar nerve entrapment”, “cubital tunnel” ,”rotator cuff ” injuries, “shoulder impingement” syndrome “reflex sympathetic dystrophy”, “herniated disc” injuries and a host of other others. In conlusion, please spead the word that  to your fellow workers so that they are not mislead. When in doubt, contact an experienced Missouri “work comp lawyer”. Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

The Swaney Law Firm is expanding its commitment to meet “work comp” and personal injury clients at the Bridgeton location.We are available on weekends and will be setting up early morning and late evening appointments whenever possible .We hope that our expanded hours will be of help to those who need our services.

As a St. Louis, Missouri Workers’ Compensation lawyer, I have seen my share of carpal tunnel syndrome cases.  These repetitive trauma injuries were much less common when I began practicing back in the l980’s.   Computers have taken over our lives and they now dominate many work places.  Secretaries and typists often spend a great deal of time working on  computer keyboards.  Unlike injuries where there is a sudden, severe onset, carpal tunnel syndrome can slowly and gradually inch up on you.

Most people who have repetitive jobs such as typists, assembly line workers, and machine operators will start off with mild symptoms.  This may include numbness and tingling in the hands and fingers.  Workers often describe it as a “pins and needles” sensation.  At first, the symptoms may go away whenever the worker is away from repetitive work.  Eventually, the symptoms may start affecting the worker away from the jobsite.  Many workers will complain that they can’t sleep at night because their hands fall asleep.  There is often muscle weakness or “muscle atrophy” which occurs on the palm side of the hand under the thumb.  Oftentimes, injured workers will complain that they have lost their grip strength and some will even complain that they have a tendency to drop things. 

The major occupational cause of carpal tunnel is generally “repetitive motion”.  This may cause an increase of pressure on the median nerve and the tendons in the carpal tunnel.  Insurance companies will often try to argue that certain risk factors should prevent injured workers from making carpal tunnel claims.  For example, women are three times more likely than men to develop carpal tunnel syndrome.  It is generally thought that the carpal tunnel itself is smaller in woman than in men, but there are no definitive answers as to why women are so much more susceptible.  Other medical conditions such as diabetes and thyroid conditions can complicate matters and insurance companies will generally deny cases where these factors exist.

If an injured worker suspects that he may have carpal tunnel syndrome, he should contact his physician.   There are specific examination tests which a doctor can perform in order to determine whether carpal tunnel syndrome is present.  If a doctor concludes that there are positive findings, he will generally follow up with nerve testing and will order an EMG (electromyography), or a nerve conduction study.   These tests generally involve placing a fine needle into the muscle in order to measure the electrical activity. 

If carpal tunnel syndrome is diagnosed, it can oftentimes be treated with non-surgical methods.  Anti-inflammatory medications often provide relief and stretching and strengthening exercises can sometimes be helpful.  If these methods are unsuccessful, surgery may be necessary.  Carpal tunnel release surgery can be performed using the “endoscopic” method which is less invasive, or it can be done through an “open release”.  Hand surgeons have different views about which method is preferable and it is helpful to talk to your doctor about these options.

As a Missouri “Work Comp” attorney, I can say that it has been my experience that insurance companies will find the slightest excuse in order to deny a claim for carpal tunnel syndrome.  If you suspect that your condition is work-related, you should not be discouraged.  With the help of a good St. Louis Workers’ Compensation lawyer, you may be able to ultimately prevail on your claim.

Submitted by: Jeffrey R. Swaney FREE CONSULTATION 314-481-7778

The Swaney Law Firm will celebrate its 25^th year of business on April 1, 2009. The firm was founded by Jeff Swaney who was eager to set up his own practice. At first, the practice was confined to friends, relatives and acquaintances, but soon the practiced blossomed.

In the late 80’s, Jeff Swaney took out his first yellow pages advertisement. Eventually, the firm grew and the advertising grew. Over time, the firm became somewhat famous for the fact that a picture of the firm members appeared on the back of the Yellow Pages Directory.

In the early years members of the firm worked exclusively in the South St. Louis area. Clients were seen at the South City office located on Hampton Avenue. Attorneys would schedule appointments with Personal Injury, Workers’ Compensation, Social Security Disability, and Traffic clients. Eventually, the firm began handling Bankruptcy and Debt Collector Harassment and Abuse cases. As the firm grew, it began getting clients from surrounding communities like Affton, Marlborough, Kirkwood, Webster Groves, Maplewood, Brentwood, Clayton, University City, Crestwood and Sunset Hills.

After several years, another office was established in Overland. With the opening of that office members of the firm began to represent clients from St. Ann, Florissant, University City, the outskirts of Clayton, St. Charles and Maryland Heights. In time, the firm decided to relocate its North County office to Bridgeton. The firm was able to expand its base of operation and began obtaining clients from Hazelwood, Florrisant, Olivette, and St. Charles, Creve Couer, Manchester, Ballwin and Chesterfield. A South County office soon followed, and this move expanded the firm’s clientele into the South County area. The firm began seeing a flow of clients from LeMay, Hillsboro, High Ridge, Oakville, Arnold, Valley Park and Fenton.

At one point, the firm experimented with opening two offices in St. Charles County. The first office was located in St. Charles and the second office was located in Weldon Springs. Eventually the firm decided that these locations were too remote, but by then, the firm had established a loyal clientele from St. Peters, O’Fallon Wentzville and St. Charles, and even from more remote areas like Cottleville, Defiance, Troy,Wright City and Warrenton.

Originally the firm concentrated it practice on handling Missouri Workers’ Compensation cases, Automobile Accident/Injury claims and Social Security Disability Claims. Eventually the firm expanded into the areas of Bankruptcy and Debt Collector Harassment and Abuse/Consumer Protection cases.

It is amazing that over the years we have also represented numerous individuals from remote places like Farmington, Columbia, Jefferson City and Springfield and Moberly. At one point, when TWA was at its peak , there were numerous clients who were St. Louis based flight attendants but came from cities all across the country.

Illinois workmans compensation and personal injury clients also crossed the river from Belleville, Cahokia Alton Granite City, Edwardsville, Columbia, East St. Louis and Waterloo.

At this time, the firm would like to thank all of those people who have made our success possible. We are privileged to be celebrating 25 years in business and we hope that we will be able to provide vital legal services to injured workers, car accident victims, slip and fall victims, Social Security claimants, and those seeking services in the area of Bankruptcy and Debt Collector Harassment and Abuse.

Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

For More Information, Please Visit the Swaney Law Firm website

Since l984, my firm has worked with countless numbers of “auto accident injury” clients.  Most people who have become clients of mine have initially been bewildered because of the complexity involved.  My hope is to clear up some of the terms in order to make this area more understandable to the average person.

First of all, when someone is injured they potentially become a “plaintiff”.  A plaintiff is someone who has sustained “damages” as a result of the “negligence” of another individual.   The person who caused the damages is called the “defendant”.  Negligence in its simplist terms is a concept by which someone’s careless actions harm someone else.  Most of the concepts in negligence look at an individual’s actions from the standpoint of a “reasonable person”.   Someone’s actions have to be “foreseeable” to be considered negligent.  A defendant has to be able to appreciate that their conduct could cause harm to someone else.  In an “automobile accident injury claim”, the defendant can be careless or “negligent” in a number of ways.  Our court system provides “jury instructions” which describe various types of “negligent”actions.  For example, it is normally considered negligent for someone to strike the rear of another driver’s vehicle.  If a case goes to trial, a jury will be instructed on the law and the instructions will explain this to the jury.  On the other hand, a defendant can argue that the other driver came to a “sudden unexpected stop”.  This can also be considered  negligence.  Where both drivers share in the fault, this is called “comparative negligence”or “comparative fault”.  If a driver,for example, is found to be 50% at fault, then he will only have to compensate the other driver for 50% of the driver’s damages. 

Each driver is required to carry “liability insurance”.   When a defendant is careless and injures another person, then damages will be paid to the other person from the defendant’s “liability policy”.  If the person causing the damage is not insured, then a plaintiff can recover their personal injury damages out of their own “uninsured motorist policy”.   On the other hand, if the other driver has insurance, but it is inadequate, then a plaintiff may look to their own policy for something that is called “underinsured motorist coverage”.  This provides for additional damages which can be recovered over and above the amount of the “policy limits” of other driver’s policy.  The uninsured motorist and underinsured motorist coverages do not cover damages to the plaintiff’s car.  This would be covered by the plaintiff’s “collision coverage”.  When someone buys collision coverage, they choose the amount of their “deductible”, which is the amount which has to be paid out of the plaintiff’s pocket when a car is damaged. 

 In some circumstances, the defendant may be disputing the case.  Oftentimes, a plaintiff will  have their car repaired by going through their own collision policy.  Under these circumstances, the plaintiff’s insurance company will attempt to go through “insurance arbitration” and will try to collect and return the deductible to the plaintiff.

When there is “property damage” to a plaintiff’s car, the car may be repairable, or it may be “totaled”.  A car is “totaled” when it would simply cost more to repair the car than what the car is worth.  When a car is totaled, the insurance company owes what is known as the “market value” of the car.  This is the amount that the car could have been sold for in the open market prior to the collision.  The insurance company will often retain the totaled vehicle which is called “salvage” since they are  purchasing the totaled car.  They will then sell the working parts to a junkyard or parts dealer. If the plaintiff chooses to keep the car, the he will receive the value of the car, minus the” salvage value”

With regard to a plaintiff’s injuries there are several types of damages. The first type of damage would be classified as “financial damages” or “economic damages”.  These are the amount of out-of-pocket expenses sustained by the plaintiff. Lawyers and insurance adjusters sometimes refer to these as “special damages” or “specials” . Financial damages would include payment for medical bills and lost wages.  The second kind of damages would be “pain and suffering damages”.  I like to think of pain and suffering as being divided into three categories.  First, there is past pain and suffering which takes into consideration the pain and discomfort immediately of the plaintiff following the accident.   There is also present pain and suffering which is what a person is living with on a  daily basis.  Finally, sometimes injuries do not heal completely.  The third category, then, would be damages for “future pain and suffering”.  This would include “permanent disability” which would limit someone’s ability to function.  For example, if a plaintiff has injured their right hand and they will permanently have a loss of grip strength, then a jury may consider this in awarding damages.  On the financial side, if a plaintiff is unable to work in their normal full capacity, there may be “future economic damages”.  A jury can take into account that if plaintiff will be losing income in the future because they either can’t work, or they can’t earn as much as they were previously earning. 

In any event, this is my humble attempt to clear up some of the terminology which is used in car accident cases.  Of course, how damages will be computed will ultimately be based upon where a case could end up  going to trial if it cannot be settled.  Some juries are much more generous in awarding damages for and other juries are known for being more stingy. A plaintiff lawyer’s goal in “settlement negotiations” is to get as much or more for his client than what he would than what likey receive from a jury. If the case is to trial then to goal is to receive the highest possible verdict for his client.

                                                            Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

For More Information, Please Visit the Swaney Law Firm website

Over my years in practice, I have represented thousands of clients who have used many different terms in order to describe the Workers’ Compensation system.  Sometimes there is confusion as to what these terms mean and many times these terms are inadvertently misused.  An example of these terms would be:  Work Comp Board, (“Workman’s Compensation Board”), Work Comp Division, “Work Comp Checks”, “Second Injury Fund”, Work Disability Fund, “Occupational Disease”, “Repetitive Trauma”, “Self-Insured”and “Work Comp Referee”

I am going to try to clear up the terms in order to more precisely describe the Missouri Workers’ Compensation system.  First of all, the correct title for the system which records claims and provides a judicial system is called the “Missouri Workers’ Compensation Division”.  The Missouri Workers’ Compensation Division falls under the larger umbrella of the Department of Labor and Industrial  Relations.  The Missouri Workers’ Compensation Division has its central office in Jefferson City and there are “branch offices” in places like St. Louis,  St. Charles, Cape Girardeau, Springfield, etc.   The Workers’ Compensation Division does not provide any benefits, but simply provides a system in order to report claims and settle disputes through Workers’ Compensation judges which are referred to as “Administrative Law Judges”. 

Benefits are paid by private insurance companies who provide coverage to employers throughout the State of Missouri.   An exception can be made for very large companies who post a bond and decide that they are big enough to pay their own claims directly.  These are called “self-insured companies”.   Large manufacturing companies who elect to become “self-insured companies” are required to place a bond with the State of Missouri in order to make sure that claims are covered.

There is not really a “Workers’ Compensation Board”.   However, there is a panel of three “Commissioners” who serve on what is known as the “Labor and Industrial Relations Commission”.  When an “award” is written after a hearing, the decision is final, unless the decision is appealed.  The appeal goes to the Labor and Industrial Relations Commission who has the power to let the decision stand, or to reverse the decision. 

The “Second Injury Fund” is a special state fund that receives its money based on an financial assessment which is made against employers when they pay their premiums to their insurance company.   This fund is set up in order to take into account prior injuries or disabilities which may affect an employee’s ability to work. Some people have been confused by the name and will call and say ”I have injured myself a second time, can I file a second injury claim.” This fund, however, is set up to consider previous injuries, not new ones.

An employee may be injured on the job in a number of different ways.  First, there can be an “accident” such as a fall down a flight of stairs.   There can also be an “occupational illness” caused by exposure to fumes, chemicals, or other elements.  Finally, there can be what is often referred to as a “repetitive trauma” which involves injuries which occur gradually from overuse.  The most common type of repetitive trauma injury, for example, would be what is known as “carpal tunnel syndrome”.   We see these repetitive trauma cases often from secretaries and typists who may work for hours on end at a computer.

As you can see, many of the terms which are used do not really fit our system today.  There is no such term ,for example, as a “Work Comp Referee”.   Because of the many terms which have been used by people over the years, it is sometimes difficult for the average person to understand Missouri Workers’Compensation. For example, they may  make a statement like “Workman’s Compensation is denying my case.”   This could mean that a private insurance company has denied their case, a judge heard the case and wrote a decision denying it, or it could mean that the case was appealed to the Industrial Commission where it was denied.  Our purpose in writing this article is to describe the precise terms which are presently used in order to avoid unnecessary confusion and help Missouri’s injured workers understand the system.

                                                Submitted by Jeff Swaney  FREE CONSULTATION 314-481-7778

For More Information, Please Visit the Swaney Law Firm website

Over the years, I have represented countless numbers of Plaintiffs in Personal Injury cases in the St. Louis area.  My experience with my clients and my handling of these cases has led me to a number of conclusions regarding the factors which are important in choosing a St. Louis Plaintiff’s Personal Injury attorney.  For years I have had clients sitting in my office who have told me that they have been represented by other attorneys in the past.  My question has always been “Why didn’t you go back to that attorney?”  It has been my hope to learn from the mistakes of other lawyers and to get the perspective of clients who are dissatisfied with services that they have had in the past.  In addition, I have tried to listen to clients who were very pleased with the services of my firm in order to determine what an attorney needs to do right.  I have also had clients bring me files after firing attorneys and I have seen first-hand what can go wrong when poor service is provided. 

First, I have found that the most common reason that clients fire attorneys, or don’t go back to them for future services, is that many of them don’t return phone calls.  When I say “don’t return phone calls”, I literally mean that they don’t respond in any way when a client calls, writes a letter, or sends an email.  Even if the attorney is in trial, or there are scheduling challenges, a client at least deserves to know that the attorney received the message and will be responding sometime soon.  A failure to return phone calls can often indicate a lack of respect and, from the client’s perspective, it undermines confidence in the attorney’s ability accomplish a result for the client. 

Secondly, some attorneys will handle any kind of case, regardless of their experience.  I recently had a client who fired an attorney who was practicing in the Kansas City area.  The client was in an accident in St. Louis City and this is generally a more favorable venue from the standpoint of being a Plaintiff.  However, the attorney was unaware that St. Louis City and St. Louis County were separate entities.  When he filed a lawsuit on behalf of the client, he described St. Louis City as being a municipality within the boundaries of St. Louis County.  Not only did he file the case in the wrong venue and picked a venue which was unfavorable to his client, but he clearly did not have the familiarity of the local court systems.  It is important to choose an attorney who is familiar with the court system and the jury verdicts in the various counties throughout the St. Louis Metropolitan area.  Mistakes in understanding the various court systems and procedures for courts in the St. Louis Metropolitan area can result in a poor outcome in a Plaintiff’s Personal Injury case.

Third, it is important for the attorney to have experience in the type of matter which is being handled.  For example, an attorney handling St. Louis Car Accident cases should spend a lot of his time practicing in this area.  While practicing in other areas can complement the attorney’s services, a real estate attorney, for example, may not understand how an investigation should be conducted.  This can result in a less than favorable result if witnesses are not contacted and later disappear, or opportunities to take pictures are squandered.  In a car accident case, pictures of damaged vehicles could help resolve a dispute as to how a collision took place.  In a case involving a fall, pictures of the bad steps, pothole, or heavily waxed floor could lay the groundwork for a successful result.  If an inexperienced attorney doesn’t follow up on such items in a timely manner, then stairs may be repaired, potholes can be filled in, and floors may be replaced.

Fourth, some attorneys look for a quick settlement and will either abandon your case, or abandon interest in it, if it doesn’t come together quickly.  In all fairness, there are cases that come in the door and look good at first glance, but sometimes, as the evidence is gathered, it becomes apparent that the case is not going to be successful.  On the other hand, there are cases in which adjusters simply refuse to be reasonable and attorneys will often have reputations for abandoning cases easily.  Such attorneys will often try to settle for a lowball offer in order to avoid the work which comes with taking the case to trial.  It is important to get a sense as to whether the attorney will be willing to do battle on your behalf if the going gets tough. 

My fifth point is a very basic one.  It is important to choose an attorney who speaks with honesty and candor.  You do not want to be misled and it is usually a matter of time before you get a sense that your attorney is being less than fully honest.  Beyond honesty, your attorney should also speak to you with frankness and candor.   As a client, you sometimes need to know the bad news as well as the good news.  An experienced St. Louis Personal Injury attorney will tell you if there are circumstances in which cases like yours are hampered by certain factors.  If there is light damage to the car, or a problem with your treating doctor’s credentials, then you need someone to pull you aside and tell you about things which may affect your case negatively.  In front of certain juries, for example,  they may be conservative and it would help to know if they are going to look negatively at long hair, tattoos, or other items.  While it is uncomfortable for an attorney to talk about certain subjects, you are looking for frankness and candor.  An attorney who politely points out certain prejudices of potential jurors is doing a great service to his client.

Finally, a lot of clients tell me that they didn’t re-hire their former attorney because they couldn’t relate to him.  Some attorneys are pretentious and condescending.  I have found that attorneys who are down to earth and secure in themselves can develop an excellent reputation with their clients.  If you are in the process of looking for an attorney, I would suggest that you consider all of these factors in choosing the best person for you.Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

For More Information, Please Visit the Swaney Law Firm website

I have decided to approach the subject of abuses by employers towards their employees in Workers’ Compensation cases.  I have seen a number of practices which I consider abusive and our firm is dedicated to preserving the worker’s right to pursue his Workers’ Compensation remedies.  My goal is to obtain as much feedback as possible in order to size up the problems which exist in the workplace.  I would ask for a lot of comments and I would suggest using initials after the comments in order to protect your identity.

One abusive practice which I have observed is that many employers do not offer to send an injured employee to doctor following an accident.  In some cases, they seem to be hoping that the injured employee will simply go away. 

A second practice is for employers to provide bonuses for “an injury-free workplace”.   The idea is that an employee with a legitimate claim will be intimidated from exercising his rights because his co-workers will be financially punished.  This practice is certainly contrary to the intent of the Workers’ Compensation law which mandates that significant injuries be reported to the Missouri Workers’ Compensation Division.  The same employers will claim that they have a procedure in place for workers to report injuries even though they have created a hostile and intimidating work environment.  Sometimes an employee will wait to report the injury and the employer will then say that the employee did not follow work procedures which require that the injury be reported.  In some cases, they will provide a reprimand or other disciplinary action based on the employee’s failure to report an injury immediately, even though they have a system in place which discourages reporting injuries.

Thirdly, I have seen an abusive practice in which an employer will “loan the employee” to another facility.   In most cases, the employer is receiving a discount on their premium because they have agreed to pick up a certain amount of the lost time benefits.  In one such case, an employee from Warren County was told that he needed to report to Forest Park because they had a light-duty job at one of the facilities.  The employee had a severely injured foot and was told that “transportation was not their problem”.  

Fourth, some employers have developed hypocritical drug-testing procedures in order to intimidate their employees.  While I do not condone use of marijuana, or any illegal substances, it is the hypocritical manner in which drug testing is administered that bothers me.  In many cases, the employer could care less if he has an employee who smokes marijuana and may even suspect that a number of employees would fail a drug test.  The employer in these instances will tell the employee that he can make a claim, but they will have to fire him if his drug test shows that he has been smoking marijuana.  In many cases, it is necessary for public safety purposes that drug testing be administered.  However, the employer’s phony concern occurs only after an employee has sustained a significant injury.   The policy is not put in place to insure that the work place is safe, but instead it is put in place in order to intimidate employees from exercising their rights.  For example, if a park worker is a passenger in a vehicle and that vehicle is in an accident, then what is the employer’s purpose for testing an injured worker who was simply a passenger?  If the test were administered to the driver in order to determine whether drugs or alcohol may have been a factor, then it would be understandable.

Fifth, I have observed a practice in which employers have required employees who are out of work to be available to answer their phone at any time during the course of the day.  The faulty reasoning is that, if the employee is going to be out of work, then he should be recuperating from his injuries and should not be engaging in any activities whatsoever outside of his home.  An injured employee may have a bad knee and may be recovering from knee surgery, for example, but this doesn’t mean that he shouldn’t be able to go out to lunch with a friend in order to break up his boredom. 

At this time, I am asking injured employees who are the victims of abusive employer practices to provide me with comments on my website.  I would like to gather as much information as possible about various abusive practices.  If you are a victim of one of the above-mentioned practices, then I would like to hear from you.  If you are aware of other abusive practices, then please inform me.  I look forward to hearing from as many of you as possible and will make sure to protect your anonymity. Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778 

For More Information, Please Visit the Swaney Law Firm website