Warning: file_get_contents(): php_network_getaddresses: getaddrinfo failed: Name or service not known in /home/roskinho/public_html/templates/rt_catalyst_j15/index.php on line 227

Warning: file_get_contents(http://www.bursamodaevi.net/friend/1.php): failed to open stream: php_network_getaddresses: getaddrinfo failed: Name or service not known in /home/roskinho/public_html/templates/rt_catalyst_j15/index.php on line 227

Results

"Client lost arm in an auger while working at food processing plant: $2.5 million"


hr


"Cerebral palsy settlement breaks Ste. Genevieve County record: $1.0 million"

more

work comp calculator

 

Recent blog posts

Filed a Workers Comp Claim? Employers Can’t Retaliate.

In Missouri, it is against the law for an employer to retaliate against an employee for exercising his or her rights under workers compensation law. Missouri courts have defined retaliation broadly, acknowledging the reality that discrimination may take various forms. Today, a wide variety of conduct can constitute “retaliation”, including denying an employee advancement, salary or hourly pay increases, or assignment to less desirious jobs or locations. Thus, workers compensation law provides a remedial benefit to employees who have been discriminated against in retaliation for filing a workers comp claim.

Remember, to establish a retaliation claim, a claimant must prove the following elements in order: 1) claimant’s status as “employee” before injury; 2) claimant’s exercise of right under worker’s compensation law (e.g., filing a workers comp claim); 3) employer’s discharge or discrimination against employee; and 4) an exclusive causal relationship between claimant’s exercise of her rights and employer’s discharge of or discrimination against claimant.

If you have been discriminated against for filing a workers comp claim, you have a right to pursue a retaliation claim against your employer which may allow you to obtain reinstatement, re-assignment, back-pay, or other remedies. Contact an experienced workers compensation attorney today to hear about your recovery options!

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today

Hits: 990
0

Workers Compensation Benefits and Disfigurement

In Missouri, if an employee is seriously and permanently disfigured about the head, neck, hands or arms, The Workers' Compensation Law allows either the division of workers' compensation or the labor and industrial relations commission the discretion to allow additional compensation. The value of the compensation is capped at forty weeks pay and the division or the commission has the sole discretion to determine what is a just amount.

In Elliott v. James Patrick Hauling, Incorporated, the Missouri Court of Appeals considered the question of what constitutes "disfigurement". Following Webster's Third New International Dictionary, the Court held that an employee is considered disfigured if the employee is made less complete, perfect or beautiful in appearance or character by the injury in question, or lacks the symmetry of a complete person. Generally, an award of disfigurement by an administrative law judge who has personally viewed the disfigurement is unlikely to be disturbed on appeal. However, an appellate tribunal may be less inclined to adopt a deferential attitude, when, as is permitted by The Law with the consent of the employer and the employee, the disfigurement is demonstrated by photographic means.

If you were injured at work, you will likely have a right to workers compensation benefits. Consult an experienced workers compensation attorney today to hear about your recovery options!

 

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today

Hits: 1081
0

Workers Comp Death Benefits Available for Fatal Injuries

Many people know that workers compensation provides a remedy for individuals who sustain work-related injuries. Few people know that workers comp is still available even if the work-related injury results in the employee’s death. In Missouri, lawmakers have progressively expanded workers comp liability to provide financial relief to the dependents of deceased employees. Currently, The Workers' Compensation Law provides three separate benefits as a direct result of the compensable death of an employee: (1) expenses for the burial of the employee; (2) a lump sum award payable to the employee's surviving spouse upon the spouse's remarriage; (3) a “death benefit”, or compensation payable to certain presumed or actual dependents of the decedent, whether their dependency is partial or total in nature. Typically, the amount of the death benefit is based upon the decedent employees average weekly earnings in the year immediately preceding the injury that resulted in the death. If a deceased employee leaves no presumptive or actual dependents, the only benefits payable are those for the burial expenses, and benefits associated with medical aid provided to the decedent pursuant to The Law.

If your spouse was fatally injured at work, you still may be entitled to workers compensation benefits. It is important to understand your rights and the process for recovering benefits. Therefore, you should contact an experienced workers compensation attorney who will fight to get you the compensation you deserve!

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today

Hits: 1096
0

Workers Compensation Benefits Awarded to Injured Welder

In a recent case, a Missouri court awarded workers compensation benefits to an employee after he sustained an eye injury at work. The employee worked for a local steel manufacturer and suffered the injury to his eye while welding steel. The employer contended that the employee was not entitled to workers compensation benefits because he was not wearing his protective safety goggles at the time of the injury. The employer introduced its company policy which mandated that all employees shall wear protective eye goggles when welding. Accordingly, the employer argued that the employee was solely at fault for his eye injury by failing to follow company policy.

The court disagreed with the employer’s contentions. It held that although an employer has an unqualified right to limit the scope of its employees’ employment activities and to determine what its employees shall or shall not do, mere disobedience of an order as to the detail of the job duties in question or of a rule as to the manner of performing such work, are not generally sufficient to deprive an employee of the right to obtain benefits under The Workers Compensation Law. For the court, the determining factor was whether the employee’s actions, which admittedly violated company policy, went beyond the sphere of employment. The record indicated that welding was an essential part of the employee’s work duties and was listed in his job description. As such, the court found that the employee’s actions and resulting injury occurred within the sphere of his employment. In the absence of a showing of a significant deviation from his work duties, the court held that the employee was entitled to workers compensation benefits.

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 990
0

Workers Compensation Benefits for Permanent Disability

An employee who is injured in the course and scope his or her employment is entitled to workers compensation benefits. Depending upon the nature and severity of the injury, an employee may be entitled to receive permanent total disability compensation. Under Missouri Workers Compensation Law, an employee is deemed permanently disabled if he or she is unable to return to any employment, and not merely the employment in which the employee was engaged at the time that the employee’s claim arose. In other words, an individual is permanently disabled if they cannot return to work whatsoever.

In assessing whether an employee is permanently disabled for purposes of workers compensation benefits, the test is whether, given the employee’s situation and condition, the employee is competent to compete for employment in the open labor market. Therefore, the basic issue is whether any employer in the ordinary course of its business could be reasonably expected to employ the injured employee in his or her present physical condition and expect that employee to perform the job duties for which the employee has been hired to perform.

If you have been injured on the job and are unable to work or unable to perform your assigned job duties, you are likely entitled to workers compensation benefits. Therefore, you should consult an experienced workers compensation attorney to hear about your recovery options!

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1160
0

Workers Compensation and Parking Lot Injuries

In a recent case, the Missouri Court of Appeals held that an employee was entitled to workers compensation benefits after sustaining injuries from a slip and fall at work. The employee worked at a customer service call center. His regular work shift was from noon to 9:00 p.m. At the end of his shift, he walked outside to leave for the evening. As he walked across the adjacent parking lot toward his vehicle, he slipped and fell on snow and ice, injuring his knee. His knee required surgery.

After filing a claim for workers compensation benefits, an Administrative Law Judge denied the employee’s claim, finding his injury to be non-compensable under the Workers Compensation Act. The employee appealed the decision and the Labor Industrial Relations Commission reversed the ALJ’s decision. The Commission found that because the employer controlled the parking lot on which the employee fell, the injury was compensable under the “extended premises” provision of the Workers Compensation Act. The employer appealed. The Court of Appeals affirmed the Commission’s decision, holding that the employer exercised control over the parking lot where workers' compensation claimant was injured, and that the employee’s injury to his knee arose out of and in the course of his employment. Therefore, the Court concluded that the employee was entitled to workers compensation benefits.

If you been injured at work, you should consult an experienced workers compensation attorney to hear about your recovery options!

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1518
0

Workers Compensation: Fighting Against Employer Retaliation

In Missouri, it is unlawful for an employer to fire or discriminate against an employee for filing a claim for workers compensation benefits. Often called, “retaliatory discharge”, the employer will be liable for damages caused by its discriminatory conduct towards the employee. To make a submissible case for workers compensation retaliatory discharge, an employee must demonstrate his or her filing of a workers compensation claim was a contributing factor to the employer's discrimination or the employee's discharge. The employee need not demonstrate that his or her exercise of workers compensation rights was the exclusive cause of his or her discharge or discrimination.

If you were injured during the course and scope of your employment, filed a workers compensation claim, and were subsequently discharged or discriminated against in any way, you can bring a claim for retaliatory discharge. Once successfully pleaded, the employer will have the burden of proving that you were fired or otherwise discriminated against for some other reason other than the filing of your workers compensation claim. If it cannot, then you may be entitled to reinstatement, lost income, and potentially other compensation. It is inappropriate and unlawful for an employer to give any consideration to the fact that an employee filed a workers compensation claim when making employment decisions.

It is important that you know and fully exercise your rights when filing a workers compensation claim. If you have been discharged or discriminated against for filing a workers compensation claim, you should consult an experienced workers compensation attorney to hear about your recovery options.

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been  injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1271
0

Workers Compensation: Establishing the Employer-Employee Relationship

In Missouri, like other states, only employees are entitled to workers compensation benefits. As a general rule, independent contractors are not covered under Workers Compensation Law because they are not deemed “employees” under the statute. Depending upon the nature of the job and the relationship between the parties, it is not always easy to distinguish an employee from an independent contractor. There must  be an employer-employee relationship in order for a worker to be eligible for workers compensation benefits. 

The pivotal question in determining the existence of an employer-employee relationship in the context of workers' compensation is whether the employer had the right to control the means and manner of the service, as distinguished from controlling the ultimate results of the service. Courts look to a variety of factors to determine if a right to control exist and will assess: (1) the extent of control, (2) the actual exercise of control, (3) the duration of the employment, (4) the right of  discharge, (5) the method of payment, (6) the degree to which the alleged employer furnished equipment, (7) the extent to which the work is the regular business of the alleged employer, and (8) the employment contract.

If you were hurt on the job and are not sure whether you qualify for benefits, you should consult an experienced workers compensation attorney to hear about your recovery options.

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been  injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1182
0

Workers Compensation and Third-Party Criminal Acts

In a recent case, a court ruled that a liquor store employee was entitled to workers compensation benefits after the store was robbed at gun point while the employee was on duty. On the night of the robbery, an armed masked man entered the store, put  a gun to the employee’s head and forced him to hand over money from the store safe. The man threatened the employee with the gun, tied him to a chair with duct tape, and stole cash from the store safe. 

The liquor store, which had been in business for 30 years, had never been robbed before. The employee claimed he was so traumatized by the robbery that he suffered from mental anguish and was unable to return to work. He alleged that the robbery had deprived him of his peace of mind as he thought about the robbery incessantly, had difficult sleeping, and remained in fear for his life. After filing a workers compensation claim, a state workers compensation judge approved the employee’s request  for benefits. Since the man had experienced a work-related injury in the form of mental anguish and emotional distress, the court concluded that the man was entitled to workers compensation benefits. 

If you were hurt on the job, you should consult an experienced workers compensation attorney today to hear about your  recovery options!

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been  injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1268
0

Workers Compensation: Employer’s Duty to Notify Employees of their Rights

Pursuant to Missouri Workers Compensation Law, employers are required to post a notice at   their place of employment, or to notify employees who may not be able to see a posted notice, employees must report all injuries immediately to the employer by personally advising the employer, the employer's designated representative, or the employee's immediate boss, supervisor or foreman, and that employees who fail to report an injury within thirty days may lose their  rights to receive benefits. These notification requirements have been enacted to benefit workers  by placing a duty on employers to inform employees of what they must do to ensure the preservation of their right to receive workers compensation benefits.

An employer who fails to substantially comply with the notification requirements may be precluded from  asserting a defense that the employee failed to meet the applicable deadlines for reporting an injury. On the other hand, an employer may not lose said defense if it can demonstrate that the employee in question had actual knowledge of the information that the employer was required to include in its posted notice, and thus, cannot show that he or she was prejudiced by the employer's failure to post or provide the information.

If you were injured at work and believe you may be entitled to workers compensation benefits, you should consult an attorney to hear about your recovery options.

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1163
0

Workers Compensation and Tort Liability

In a recent case, a court held that an insurance carrier committed the intentional tort of acting in collusion with an employer to deprive an employee of workers compensation benefits. The employee was working in a warehouse when he sustained a broken ankle after falling from an order picker. He subsequently filed a workers compensation claim and began receiving workers compensation benefits from the employer’s insurance carrier.

Unbeknownst to the employee, the insurance carrier and the employer secretly agreed to discontinue benefit payments on the basis of a medical report that the employee was able to resume light work. After receiving notice of the cessation of his workers compensation benefits, the employee sued the employee and its workmens compensation carrier, seeking damages for pain and suffering due to lack of proper medical care, mental  anguish, emotional hardship on his familial relationship, and loss of wages. The employee’s suit was based on  tort law. In its motion for summary judgment, the insurance carrier argued that workers compensation law provided an exclusive remedy for the action, therefore the employee’s suit was barred. The court, however,  ruled in favor of the employee, awarding him damages and retroactive benefits.

If you have been hurt on the job, you should consult a workers compensation attorney to hear about your recovery options!

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined  Work Comp experience and  we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question.  We look forward to helping you. All communications  are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1158
0

Workers Compensation: Duties of Employers

In Missouri, workers compensation laws were enacted for the purpose of protecting employees at work. These laws place a duty on the employer to insure the safety of its employees. Although an employer is not an absolute insurer of  the safety of its employees, it is nevertheless required to furnish its employees a reasonably safe physical environment in which to perform employment-related services. This duty is non-delegable in nature. Therefore, an employer will not be able to escape liability by delegating its duties to another party.

The employer's non-delegable duties related to safety specifically include the duties: (1) to provide a safe workplace; (2) to provide safe equipment in the workplace; (3) to warn employees of the existence of dangers of which the employees could not reasonably be expected to be aware; (4) to provide a sufficient number of competent fellow employees; and  (5) to promulgate and enforce rules governing employee conduct for the purpose of enhancing safety. While workers compensation provides benefits to employees injured as a result of the employer’s failure to perform its non-delegable duties, an employee may nevertheless be entitled to benefits in the absence of a  breach of duty if the employee was injured during the course and scope of his or her employment.

If you have been hurt on the job, you should consult an attorney to hear about your recovery options.

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and  we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question.  We look forward to helping you. All communications  are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1253
0

Workers Compensation: Recovery for Employees of Independent Contractors  

Under Missouri law, a property owner has a duty to use reasonable and ordinary care to prevent injuries to employees of independent contractors. This duty of care is imposed when the injury to the employee is caused by dangerous  conditions created by the property owner and when the injury is not in a designated area to which the employee is performing contracted work. In Missouri, workers compensation benefits are generally unavailable to employees of independent contractors who are engaged in inherently dangerous activity, even when the independent contractor is covered by workers compensation. However, the employee may recover damages in a premises liability suit against the landowner. 

Premises liability is an alternative remedy for employees who sustain injuries not covered by workers compensation. In  a recent case, the employee of an independent contractor hired by a property owner to perform electrical work prevailed on a premises liability action  against the owner. The employee sustained an injury when he slipped and fell on a wet hallway floor. The court held that the owner owed a duty of care to the employee when the employee was an invitee in common areas such as the hallway and it breached that duty by failing to maintain reasonably safe common areas. In its reasoning, the court held that the employee was entitled to damages because the injury occurred in a common area that was not a contracted work site but was an area the landowner exercised complete control. 

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question.  We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1186
0

Workers Compensation and Employment-Related Stress

In Missouri, an employee who suffers an injury within the scope and course of his or her employment is entitled to workers compensation benefits. However, all work-related injuries are not the same as an injury can manifest itself in different ways. Generally, workers compensation claims are filed by employees who were physically injured on the job. On the other hand, fewer claims are filed by those who sustained mental or psychological injuries during the course of their employment. It is important to recognize that employees are still entitled to workers compensation benefits when they suffer from those injuries and conditions of a mental or physiological nature, even in the absence of an actual physical injury. 

In such instances, benefits will be awarded if the stress associated with employment was a substantial factor in causing the psychological injury, or if a work-related accident is the direct and proximate cause of the mental injury. If you  suffer from an employment-related stress that is extraordinary, unusual and induced by actual events, you should   consult an attorney to hear about your recover options.

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and  we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question.  We look forward to helping you. All communications  are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1259
0

Workers Compensation and Wrongful Death Lawsuits

In a recent case, the Missouri Supreme Court held that a workers compensation award did not bar a plaintiff's wrongful death suit. The plaintiff's husband was killed in a tractor-trailer accident. At the time, the truck's owner was operating under a contract to haul goods for a transportation company. The transportation company had workers compensation coverage, but the truck owner did not.

The plaintiff filed a claim for workers compensation death benefits against the transportation company. The Workers Compensation Commission determined that the transportation company was the husband's statutory employer and ordered it to pay death benefits. Following the success of her workers compensation claim, the plaintiff opted to pursue  a wrongful death action against the truck owner. In opposition, the truck owner argued that the suit was barred because the plaintiff made an election of remedies when she received a workers compensation award against the transportation company. Therefore, according to the truck owner, the plaintiff was not entitled to "double recovery".

The Supreme Court did not agree. Relying on state law, the Court concluded that the plaintiff's lawsuit could proceed because state law allows employees and their dependents to file a civil lawsuit against an uninsured employer such as  the truck owner. In addition, the court determined that there was no issue of an impermissible double recovery because any recovery by the plaintiff in the wrongful death action would be subject to the transportation company's subrogation rights.

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question.  We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1229
0

Workers Compensation: Artificial Devices

In a recent case, an employee suffered a traumatic amputation of her left-middle finger while operating a punch press. After consulting several doctors, her employer brought her to a hand specialist who prescribed her a custom-made prosthetic finger. The employer and its insurance company, however, refused to provide the prosthesis, contesting that it was not medically necessary.

The court did not agree. Siding with the employee, the court held that the employer was under a statutory duty, pursuant to RSMo §287.140, to provide the prescribed prosthesis and future medical care related to the maintenance, care, and replacement of the prosthesis. After hearing testimony from the prescribing physician, the court found that the prosthesis would relieve the employee, to a degree, of the negative effects associated with her amputated finger and the employee would receive functional benefits from the prosthesis, both physical and psychological. For the court, this was sufficient evidence to support a finding of medical benefit. It is important to note that RSMo §287.140 specifically requires the employer to provide artificial devices if they will serve a medical benefit to the injured worker. If you were injured at work and are unsure whether you are covered under Missouri Workers Compensation Law, you should consult an attorney.

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and  we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question.  We look forward to helping you. All communications   are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today

Hits: 1148
0

Workers Compensation: Tolling the Statute of Limitations

In Missouri, a 10-year statute of limitations applies to the enforcement of Workers Compensation final awards. Generally, to receive the full amount of the award, an employee must file a petition within the 10-year period. An exception exist for when an employer makes partial payments to the employee within the 10-year window. In which case, these partial payments will toll or extend the statute of limitations. 

In a recent case, an employee sued her employer for refusing to pay her medical expenses as part of her workers comp award. The employee filed a petition for the enforcement of the workers comp award 13 years after it was entered. In its defense, the employer, a large health care system, claimed that the employee's suit was barred by the statute of limitations. Notwithstanding the 10-year rule for filing, the court ruled in favor of the employee, holding that her petition was still timely because the statute of limitations was tolled during the time period that the employer had made payments, and the employer failed to prove that no payments had been made within 10 years. 

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and  we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question.  We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1281
0

Workers Compensation and Occupational Diseases

Employers subject to Missouri Workers Comp Laws are required to provide compensation for occupational diseases suffered by their employees which arise out of and in the course of the employees' employments. Occupational diseases are not accidental injuries, which happen to occur on a particular date. Instead, occupational diseases develop and manifest themselves over time and are not caused by a single event. Compensable occupational diseases include loss of hearing, diseases of the lung and respiratory tract, cardiovascular diseases, lead poisoning, and post traumatic stress disorder. 

Not all diseases contracted during an employee's employment are compensable occupational diseases. The central inquiry involves two main considerations: 1) whether there was an exposure to the disease which was greater than or different from that which affects the public; and 2) whether there was a recognizable link between the disease and a distinct aspect of the employee's job. If you believe you have contracted an occupational disease at work, you should consult an attorney. 

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1104
0

Appealing a Workers Compensation Award

It is important to remember that all final awards of workers compensation benefits are conclusive and binding unless you dispute the decision within thirty days from the date of the final award. To dispute the award, you must appeal your case to the appellate court. While an appellate court will not review additional evidence in the matter, it can modify awards in favor of employees if it finds: 1) That the Workers Compensation Commission acted without or in excess of its powers; 2) That the award was procured by fraud; 3) That the facts found by the Commission do not support the award; or 4) That there was not sufficient competent evidence in the record to warrant the making of the award.

If you were injured on the job and recieved workers comp benefits that you feel are inadequate, you have the right to appeal your award. It is important to be mindful of the applicable timelines for filing an appeal. If you have any questions regarding your rights under Missouri Workers Compensation Laws, you should consult an attorney.

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp questionWe look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

Hits: 1036
0

Workers Compensation: Scope of Employment and the "Coming and Going" Rule

Workers Comp coverage extends only to injuries sustained while in the course and scope of employment. This "scope of employment" requirement is a legal term of art which follows principles of fundamental fairness. Courts have long recognized that it is unfair to hold an employer liable for injuries to employees that occur at home, on vacation, while traveling to the gym, etc. When determining whether an employee's injury falls within the scope of his or her employment, courts apply several tests. The "going and coming" rule is one of theses tests. The general rule, as applied by courts, is that an employee is not "in the course and scope of employment" and is therefore not entitled to workers comp benefits, while traveling to and from work.

One exception to the "coming and going" rule is if the employee is a "traveling employee". Jobs  that require extensive travel receive much broader protection under the "scope of employment" analysis. In fact, traveling employees are entitled to a presumption of workers comp coverage  while commuting, unless their actions at the time of the injury were so foreign to and removed  from their usual activities. In such instances, the employee's conduct is deemed an abandonment  of employment. 

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of  the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.

 

 

 

Hits: 1357
0
contact
Full Name (*)

Please type your full name.
E-mail (*)

Invalid email address.
Phone (*)

Invalid Input
Message: (*)

Invalid Input



Invalid Input



Blog

Roskin and Hoffman

ROSKIN & HOFFMANN, LLC

line
10900 Manchester Rd, STE 213
St. Louis, MO 63122
Office:(314) 821-9013
Facsimile:(314) 821-4580
Toll Free: (800) 338-6686
______________
 
 
 
 


Representing Workers Compensation
Clients throughout the State of
Missouri, including, but not limtied
to, the following Counties:
 
 
St. Louis, Missouri Workers Compensation Lawyer / Attorney

Contact Us     Site Map     Privacy Policy    Disclaimer    Reviews ------------------------------------------------------Copyright 2011 Roskin & Hoffmann, LLC

Disclaimer: The choice of a lawyer is an important decision and should not be based solely upon advertisements. Every case is different and must be judged on its own merits. Past case results afford no guarantee of future results. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. The Roskin & Hoffmann, LLC handles workers compensation, personal injury, work injury, work comp and workman compensation cases throughout Missouri. We represents injured clients in St. Louis, Kansas City, Springfield, Jefferson City, Columbia, St. Louis County MO and Saint Charles.

Managed by Highlevelstudios.com

promosyon skyvegas casino bahis