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Missouri Workmans Compensation Attorney Says Dont Believe Them When They Tell You That Your Carpal Tunnel Isnt Work Related

admin — Thu, 15 Jul 2010 15:49:08 +0000

You work at a job where you perform repetitive work with your hands.Maybe you are a secretary who does alot of typing.Maybe you are a forklift operator,or you are a scanner at a grocery store.Suddenly you begin to notice that your hands have been falling asleep and your grip seems weaker.At first you brush it off,but the symptoms keep getting worse.In time you cant get a good nights sleep because your hands keep you up.It reaches the point that you can no longer ignore it.You eventually see your family doctor who tells you that you have carpal tunnel syndrome.Your doctor asks you what you do for a living and you explain that your job requires you to perform alot of repetitive work with your hands.Your doctor tells you that your condition may be work related.Finally,you report this to your employer and their insurance company sends you to one of their “chosen doctors”.You go the appointment and you are told,”sorry”,but your condition is not related to your work.You are told that it is due to your “age” or it is because you are a “middle-aged woman”. Maybe you are told that it is because you are “overweight” or you are”diabetic”.You are given every reason in the world why your condition isnt work-related.In addition,you are asked about your smoking and drinking habits as well as questions about your hobbies and you are told that your hobbies are causing your condition.In your heart though,you know that your condition is related to your work.Does this sound familiar?..My advice is simple-dont believe them!Insurance companies have lists of doctors that they use to deny carpal tunnel claims.Everyday in my practice,I see these situations arise and we ultimately settle,or win these kinds of claims in court on a routine basis.An attorney will only charge a fee based on a successful result.So there is nothing to loose by contacting a workers compensation attorney to help you.Everyday workers walk away from good claims based on opinions from insurance company doctors who are rewarded handsomely for their opinions.Consequently,it is important to protect yourself by learning your rights. JEFF SWANEYCONTACT AT 314-481-7778

Choosing The Best Injury/Disability Attorney In St Louis For Your Case

admin — Tue, 29 Jun 2010 22:26:34 +0000

How can you choose the best injury attorney in St Louis for your case? First, it is important to understand that there are many different areas of practice.Some attorneys focus their practice on car accident cases.This generally involves alot of negotiations and frequent jury trials.Other attorneys focus on work comp cases and deal with trials in front of work comp judges.Other attorneys focus on Social Security disability claims.This involves hearings in front of social security judges and having a keen understanding of what is needed to document disability.There are also attorneys who focus on complex litigation involving medical malpractice cases and products liability claims.It is important when you contact an attorney to find out how much of his time is spent practicing in the area that you need.Experience is critical to the sucess of your claim.Second,it is important to find out if an attorney is going to personally handle your case,or whether he is going to hand you off to an inexperienced underling.Third,you need to determine if the attorney has a personality that is compatable with yours. It is definitely difficult to work with someone that you dont like.Finally,you need to determine whether the attorney enjoys a good reputation in the legal community.You want someone who is both competent and trustworthy. JEFF SWANEY Phone #314-481-7778

Missouri Work Comp Lawyer says that You Cannot Be Legally Fired For Filing Your Claim

admin — Mon, 30 Nov 2009 20:48:38 +0000

Discrimination because of exercising compensation rights prohibited –civil action for damages.

287.780. No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his employer.

(RSMo 1939 § 3725, A.L. 1973 H.B. 79)

Prior revision: 1929 § 3335

(1979) Plaintiff who alleges discharge due to filing of a worker’s compensation claim has burden of proving the cause of action. Henderson v. St. Louis Housing Authority (Mo.), 605 S.W.2d 800.

(1993) The rights and remedies provided by this section are independent of, in addition to, any rights provided by a collective bargaining agreement. Claim for retaliatory discharge under statute is not preempted by federal labor law. Cook v. Hussmann Corp., 852 S.W.2d 342 (Mo. en banc).

(1998) Law does not abolish the “at-will” doctrine but provides a limited exception. Crabtree v. Bugby, 967 S.W.2d 66 (Mo.banc).
The Language in the law is quite clear that an employee cannot be fired for filing a legitimate work injury claim. An employer can fire an employee for just cause or for business reasons.If the real reason for firing an employee is for filing a work injury claim and other reasons are given to mask the true motive,then the firing would be illegal.There can be difficulties with proof ,but this a question which can be decided by a jury in a civil case.Make no mistake about it , however, that firing an injured employee for asserting a work injury claim is definitely contrary to the law and damages can be awarded against an employer for such conduct. SUBMITTED BY JEFF SWANEY 314-481-7778