We have represented countless workers who live in Illinois, but who are hurt in St. louis or other places in Missouri. There is often causes confusion as to the legal rights and benifits which can be obtained. The problem is that you may be listening to a friend or relative who is telling you about their own experience. If they had an Illinois claim and you have a missouri claim, their advice can result in painful consequences. First of all, if you are employed in St. Louis and you were injured in St. Louis and you were hired in St. Louis, then you have only a Missouri case. If this is not the case, then an experienced attorney can tell you if you may be able to take advantage of “dual jurisdiction”. Keep in mind that the insurance company selects your doctor in Missouri work comp cases, but you can select your own doctor in Illinois. Listening to a neighbors advice can result in being stuck with medical bills in a Missouri case. On the otherhand, not taking advantage of “dual jurisdiction” can result in being stuck with a doctor that you could have fired. Always consult an attorney who handles work comp cases in both states. by  Jeff Swaney  FREE CONSULTATION 314-481-7778

As an attorney handling Car Accident Injury cases, “Work Comp” cases and Social Security Disability claims, I find it challenging to balance the demands which are made on my time.  First, it is important to accomplish results.  As an attorney, you may be a nice guy, but you were hired to accomplish the best possible result for your clients.  This requires meticulous attention to detail.  Every day pages and pages of medical records run across my desk for review.  In addition, time needs to be made to think through a game plan for determining how each case needs to be approached.  You must be more prepared than your opponent, and not paying attention to detail can cause heartache to an attorney, or perhaps, even worse, a heart attack!  Also, a lot of time must be spent when legal research needs to be done.  Secondly, time has to be spent reading and keeping up with developments in your field because the law is constantly changing and being reinterpreted by the courts.  When you meet with someone, they aren’t interested in what the state of the law was six months ago, they want to know how good their case is now.   Thirdly, it takes time to manage your own personnel,  to make sure that you are complying with all of the requirements of running a law office, and to evaluate the directions and trends in your field.  After all, you must manage people, pay their salaries and benefits, pay your taxes and make sure that you are in compliance with numerous requirements of running a law office.  Fourthly, you must allow time for evaluating new cases and meeting with new people.  Unfortunately, what is often missing is giving personal attention to clients.  There is no easy way to put the “personal“ back in personal injury claims.  It requires a consistent effort to take time out of every busy day in order to report back to the people who are placing their trust in you.  Any true personal injury attorney will only get this done working long days, including weekends.  In short, the only way to put the personal in personal injury  is through dedication and hard work.  Come to think of it, this is no great secret and it is the common ingredient in all successful businesses.  So the question is “Is your attorney too busy to call you back?” Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

There is a myth that the Missouri Worker’s Compensation system is a liberal, give-a-way system which is laden with all kinds gratuitous perks for anyone who happens to be” lucky enough” to strain their back a little after a hard days work. The image that insurance companies have created is that of lazy employees being coddled by doctors until eventually they are served up with  “pot of gold” settlements on the backs of struggling bussinesses and honest insurance companies. It is clear that no industry  in this country does a better job of promoting their propaganda than insurance companies. Do we really believe that  adjusters are out there handing  checks to  homeowners just before a tornado is ready to hit their homes. These are the same adjusters who won’t return my phone calls for three weeks when my client’s comp check is late. These companies  would have us believe that we need to drastically limit work comp benifits  to those who end up in wheelchairs, but will defend twenty-five million dollar executive bonuses because “we need to provide incentives to retain good people”. The gap between myth and reality us especially clear in the Missouri Work Comp system. For example , an insurance adjuster gets to pick your doctor with no say-so whatsoever on your part!  If the adjuster doesn’t like the doctors’s opinion, then he can choose another doctor. However, if you question the doctors opinion, be aware that you are not legally entitled to  a second opinion. In addition, when it comes to scheduling appointments, the adjuster can choose to set up a time when you will   miss work. The best part is that you won’t get paid for it!  You may be able to use your own vacation time or personal time, but you will have no control over that either! If you have a twenty-five year old chid, for example, who has no wife or children and they are killed on the job because of company negligence, you will not, with few exceptions, be able to bring a civil suit against the company. Furthermore, under the Work Comp Law , you will be given burial expenses and well- thats about it!  Under the new law , almost everyone over thirty-five years of age will hear that their back injury should be discounted due to natural “degeneration”, even if the injured worker never sought any treatment before or ever had any complaints. In criminal cases, people are presumed innocent until proven guilty.Not necessarily in work comp. In fact, some work comp judges will discount what  injured workers say based on the sole reasoning that  workers have an “incentive” to exaggerate. Meanwhile, the motives of  doctors who receive hundreds of thousands of dollars of bussiness every year  is overlooked. In addition, all of the Legal Advisor positions have now been eliminated and judges are prevented from telling claimants when they getting an unfair settlements. Despite the great number of  things which are tilted against the injured worker , the propaganda machine just keeps rolling and we are told that “something needs to be done” to protect us from  injured workers who get their own attorney. Obviously, what a terrible thing it is when an adjuster can’t keep and injured worker in the dark and then simply steamroll them!  �Submitted by Jeff Swaney  FREE CONSULTATION 314-481-7778

Over the years I have represented alot of “claimants” with knee injury cases. There are alot of different kinds of injuries that I see frequenly. One of the most common injuries is the “torn cartlage”. This will normally result from a twisting motion. The cartlage on the inside of the knee is the “medial meniscus”. The cartlage on the outside of the knee is called the lateral meniscus. A torn medial meniscus is normally diagnosed with an MRI and is frequently repaired through “arthroscopic surgery.” Medial meniscus tears seem to be much more common in “work comp” cases than lateral meniscus tears. Another frequently seen injury is the “anterior cruciate ligament tear” which is commonly refered to as an “ACL tear”. These injuries often result in either arthroscopic surgery, or an “arthrotomy” which is a more open and invasive procedure. The recovery time is usually significant with an “ACL tear” and there is ordinarily a significant amount of “permanent impairment” involved. “Knee replacement surgery” is typically an even more drastic procedure which is performed when the “articular cartilage” under the knee cap has deteriorated significantly. Worker’s Compensation insurance companies will typically try to argue that some of these injuries are degenerative. If your case is denied and you are told that your knee injury is not work related, you should contact an experienced “work comp” attorney, rather than accepting the decision of an insurance company claims adjuster. If you are told that your injury just involves a “knee strain” or “sprain”, you should consider seeking a second opinion, particularly if there hasn’t been an MRI performed. If you have a dangerous job like being a “roofer” and your knee gives out, you should perhaps consider another career alternative. Finally, when you are considering a settlement for permanent partial disability (PPD) ,you should consider having an independent evaluation in order to determine whether your knee would be prone to future detioration and perhaps surgey at some point.   Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

Very few injuries that we commonly see can change a claimant’s life as dramatically as a “herniated disc”. Many similar terms are used almost interchangeably like “ruptured disc” , “disc protrusion” and “herniated nucleous pulposis”.Doctors often describe disc as being like a”jelly donut” between the vertebrae.When the disc material inside of the disc leaks out and touches on the”sciatic nerve”, severe pain often travels down the injured worker’s leg. Sometimes other structures are affected, like the “spinal cord” or the “spinal canal” .Disc injuries are most common found in the low back and neck and rarely occur in the mid-back. We see alot of lumbar “laminectomies”in workers who do alot of heavy lifting. A laminectomy or a micro -discectomy will often produce good results and in many instances injured workers will be able to return to rigorous  work. If surgery is unsucessful,  a lumbar or cervical “fusion” may be needed. This often occurs with a condition called “spondylolithesis” which involves a slippage o   a vertebrae. In order to diagnose a disc problem an “MRI” is usually needed. If a condition is diagnosed as a “disc bulge” doctors wil normally try treating the condition with physical therapy or steroid injections.If the MRI is negative, doctors may determine that they are dealing with a strained or sprained back or neck. Where surgery is contemplated, doctors will normally do a test called a “myelogram’ with a “cat scan” in order to get the best possible look at the problem. In those cases where multiple surgeries have been performed and a “fusion’ is the ultimate outcome, some injured workers may become “permantly totally disabled” which means that they are unable to work or compete in the “open labor market”. Everyone is different and it is difficult to generalize. I once had a client who had five surgeries, including a disc fusion,who had a body like Charles Atlas and was running 5 miles a day! In any event, if you are confronted with a serious back or neck injury, it is important to ask your attorney about the reputation of the doctor who is treating you.  submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

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

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