Our office has been working with “Social Security Claimants” for over two decades. Most Social Security applicants don’t understand what is involved in successfully presenting their case in front of an administrative law judge. First, it is important to understand that it is normally not enough to prove that you can’t work at your last job. Instead you must prove that you have a “medically determinable disability” which prevents you from engaging in any “substantial gainful employment”. The word “substantial” is important because you can earn a small amount of wages and still be eligible for disability benifits. The amount is set by the Social Security Administration and can change from time to time. If you are already engaging in substantial employment, then you are not eligible to obtain disability benifits.Secondly, there are regulations which Social security attorneys refer to as “the Grid”. The Social Security Administration recognizes different standards for claimant’s of different ages, levels of education and  work backgrounds. Once the appropriate standards are determined,  an attorney can determine whether the medical recods are adaquate to support the claim for disability. If not, an attorney may pose specific questions to a claimant’s treating doctor[s]. Thirdly, it is  important for an attorney to help his client quantify his complaints in a specific manner. A claimant may be asked, “How much can you lift”. A bad answer would be “not very much”. An answer like this doesn’t help to describe the claimant’s limitations. It should be noted that  Social Security judges refer to something called “The Dictionary of Occupational Titles” for job information. This source describes the exertional requirements of all classified jobs which exist in the national economy. It is up to the claimant’s attorney to prove that his client can’t perform any substantial work for which he is qualified. In addition, “Social Security Judges” will often bring “vocational rehabilitation counselors” into a hearing in order to get clarifications as to the claimant’s “work background”, “work restrictions” and the requirements of various jobs. An attorney must be prepared to effectively challenge the vocational counselor’s testimony through effective cross-examination.Finally,  Social Security Hearings are informal and usually take about an hour, although they can vary in length , depending on the judges fomat and the complexity of the case. Your attoney will know the various judges at the “Downtown SSA Office” and the “Creve Couer SSA Office”.  Be sure to dress appropriatly, as it is important to create a favorable impression.  In short, preparation is the key to winning your case, so talk to your attorney ask him what you can do to help your cause. Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

Over the years, I have handled numerous Missouri and Illinois “work comp” injury cases. It often surprises injured workers to find that they can pursue their case in both states.  Sometimes we will have an injured worker who is employed in St. Louis, but who is injured, for example, in Belleville, Alton, or Granite City, Illinois. Under these circumstances, the worker can pursue their case in both Illinois and Missouri. As an attorney, I will usually file a claim in both states and eventually determine which state is most favorable.  In Illinois Workers’ Compensation cases, a worker can choose their treating doctor, which is certainly an advantage.  There are also more favorable circumstances where an emloyee can’t return to their former employment and needs vocational rehabilitation.  In addition, there are higher maximum rates for temporary total disability, permanent partial disability and permanent total disability benefits.  However, for employees who are not as highly paid, the permanent partial disability rates are based on 60%, rather than 66 2/3%, as is the case in Missouri.   Missouri Workers’ Compensation also has a special benefit called the “Missouri Second Injury Fund” which often provides extra compensation for a wide variety of pre-existing conditions.” Illinois Comp” tends to favor highly compensated workers who are seriously injured.  “Missouri comp” tends to favor less highly compensated workers and workers with significant pre-existing disabilities.  If you qualify for benefits in both states, it may be helpful to hire an attorney who is licensed in both states. There are a multitude of other factors which may come into play, such as attorney’s fees which are 20% in Illinois versus 25% in Missouri.  Also the venue, or place where your case comes up for hearing, will influence your attorney’s strategy.  My advice- ask your attorney if he practices in both states! 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

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

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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 

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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

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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

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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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Often times, injured employees believe that they have a claim filed under the Missouri compensation law. Unfortunately, they may be mistaken and the statute of limitations may be running. Employers are required to file a form called a report of injury. This is not a claim and does not stop the statute of limitations from running in the State of Missouri. A claim may be filed by going to one of the local offices and obtaining and filling out this form. Once you fill out a form and it is stamped with the workers’ compensation division stamp, you have stopped the running of the statute of limitations and your case will be placed on a docket. You may also file a claim by hiring an attorney who will do this for you.

Over the years, there have been more occasions in which employees have come into my office with completely legitimate claims, only to be told that the statute of limitations had run. The best way to protect yourself is to hire an experienced attorney who will file a claim on your behalf. Submitted by Jeff Swaney FREE CONSULTATION314-481-7778 

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