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

As a Missouri and Illinois “work comp” attorney, I have reached thousands of settlements on behalf of “claimants” (Missouri) and “petitioners” (Illinois) . Many claimants and/or petitioners will often compare their settlements to other injured employees when a comparison may not be appropriate. It is important to first understand that there are two types of “permanant  disability” settlements under the Missouri and Illinois Workers’ Compensation laws. A “permanant partial disability” settlement is based on the injured worker being able to “compete for employment” in the “open labor market”. These settlements are based on the injured employee being able to earn a livelhood, even if it is in a diminished capacity. llinois has some “wage differential” provisions which can enhance the value of an employee’s case where the employee has a “diminished earning capacity”. Missouri has no similar provisions which take into account “lost earning capacity” , but “Missouri Workers’ Compensation Administrative Law Judges” will generally be sympathetic and will usually take into the claimant’s circumstances.”Illinois Arbitrators”, however, can directly consider lost earning capacity. On the otherhand, Permanant total disability means that the injured worker cannot compete for employment in the open labor market. As attorneys representing “total disability” clients, we will usually also file for Social Security Disablity on their behalf. In the vast majority of these cases , our clients will be adjudicated as being totally disabled under both systems. Oftentimes we will try to settle Permanant total Disability cases in Missouri and Illinois “work comp” cases in order to avoid a potential “offset” reduction in “Social Security Disability” benifits. Ask your attorney to explain the potential settlement value of your case versus letting a judge decide and whether you may have a “Social Security offset” problem .You may also ask your attorney whether you may benifit from “vocational rehabilitation” if you cannot return to your former employment. 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

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

For More Information, Please Visit the Swaney Law Firm website