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

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

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

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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