You got hurt at work, and you’re probably wondering, “What do I do next?”. Injury Law News, brought to you The S.E. Farris Law Firm. I’m Spencer Farris, partner at The S.E. Farris Law Firm. We buy insurance to cover us and protect us when bad things happen. Worker’s Compensation is insurance that protects you if you’re hurt on the job. Here’s how it works.  Here’s what’s covered in Worker’s Compensation insurance – your medical treatment, a portion of your wages while you’re off work, and then a lump sum for the disability that’s left with you after medicine has made you as good as it can do. Disability is based on a chart which is used by judges and attorneys throughout the state. Many believe that Worker’s Compensation overpays small injuries and underpays large injuries.  It doesn’t matter whose fault it is if you’re hurt at work. If someone hits you with a car, if you fall down because you’re not paying attention, Worker’s Compensation still covers you. In fact, if you’re hurt on the job and it’s a co-employee’s fault, you may have a civil suit against that co-employ, to make sure that you’re fully compensated for your losses. If you go into court without an attorney, be prepared to take whatever you’re given.  If you proceed to a hearing in a Worker’s Compensation matter, you’re going to need an evaluation. There were major changes to the law in 2005, and now the Worker’s Compensation judge can’t tell you if a settlement’s not fair. Call The S.E. Farris Law Firm if you have any questions about Worker’s Compensation. Our number and our website are on the screen. We’re happy to talk with you without any cost or obligation. The S.E. Farris Law Firm is dedicated to the needs of injury victims and their families.

By: Spencer Farris

Hi. Thanks for visiting my law firm Cantor and Burger. I’m Mark Cantor. We handle personal injury cases throughout the Midwest. Auto accidents and things of that nature. But today I want to talk to you about your workers’ compensation claim. Specifically, I want to talk to you about your employer’s obligations. What they owe you after you’ve been injured at a work injury.

So we all know that they owe two thirds of your wages while you’re off work. They owe all of your medical bills. That’s 100% of your medical bills that they authorize. Then they owe you a lump sum payment for either permanent, partial, or permanent and total disability. So let’s break those things down.

Report of Injury

When we go to trial, very frequently the employer says, “Oh, we didn’t know about the accident.” Well you know what? They probably did. You do have under the law an obligation to tell them. But they have an obligation to do what’s called a Report of Injury. That means that they’ve got to fill out a claim form that says basically your name and your address and how you were hurt and how much you earn. They have to file that. So if you report it to your employer, they have an obligation to do a Report of Injury.

Now let’s say you’ve come to me and they haven’t done a Report of Injury. But you tell me, “Mark, I told them.” My job is to advocate for you. I find that that happens very frequently. A person gets injured, they say, “Hey I told my supervisor Joe.” Joe may or may not have reported it. But Joe had an obligation. He works for the employer. He’s your boss. He’s your supervisor. They have to report it. So now you come to me and I file a formal claim. They say, “Well we didn’t get it.” Well the truth sets you free. That’s why you have got to try these cases. Because then we got to go and depose Joe. Joe’s going to say, “Oh yeah. He told me. I just figured he’d get better.” Or whatever he’s going to say. But if you get to the root of it, the employer has an obligation to file that Report of Injury. When I file the claim for you, the employer has an obligation. That means they must file an answer, or your claim is deemed admitted. They don’t have forever to do it. The Division of Workers’ Compensation gets the claim that I file for you and in (15) days later they send out an acknowledgement. “Hey Mr. Employer. This guy got hurt.” You got hurt. Then they have to file an answer within 30 days. Frequently they don’t. If they do not, then the claim is deemed admitted as a matter of law. I set the case law in that in Missouri. But to the Court of Appeals– and it was many trials. Back and forth.

But basically the case of T.H. vs. Sonic Drive-Thru. If you’re injured in the course and scope of your employment, and you file a claim, the employer has (30) days to file an answer or the facts on your claim are deemed admitted. That goes to your salary too. If we put max rate, and they don’t respond, you get the max rate. I’m going to talk to you about that. But they have an obligation to pay all your medical. They have an obligation to file a Report of Injury. They have an obligation to file an answer. If they don’t do those things, then you ought to push for a trial.

You need a law firm that does that. I tried six cases this summer. It’s October 7, 2014. I know a lot of lawyers that do this that don’t try a case all year. So if I can help you– and it’s just different practices. I push to get full value. I’m not demeaning them. But you got to look at your law firm and who you have working for you and say, “Is this the person for me? Are they doing the things that I want done? Are they willing to try the case?”

So I’m Mark Cantor. My law firm is Cantor and Burger. If you have a Missouri Workers’ Compensation Claim, or an Illinois claim– I’m licensed in both states. Please come visit me, or call me at (314) 542-9999. Thank you for watching about your employer’s obligations.

By: Mark Cantor

Hi, I’m Mark Cantor. I want to talk to you for a moment about medical care in workers compensation claims. Each state has it’s own set of laws when you’re injured on the job. I’m going to specifically speak to you about Missouri workers compensation.

In Missouri, when you’re injured the employer has the right to authorize your medical care. That means they say, “Oh we’re going to pay you to go to this doctor.” If you choose to go to a doctor that is different than the doctor they authorized you can, but you got to pay for it. So that’s very unfair.

A lot of my clients come to me and they say, “We don’t like the doctor that’s been authorized by the workers compensation carrier.” There’s no good answer to that. The law is written against the injured worker. So if you want to pay to play you can go on your own. Otherwise, it’s my advise that you go to the company doctor. Tell them all the complaints that you have. Make sure you relay your pain complaints and your injury to the work. These company doctors are paid to try to defeat your case in many occasions, and they’re good at it.

A lot of times for instance, a shoulder case or a neck case. They’ll say your problem is preexisting or degenerative, and it’s your job and my job as your lawyer to prove in Missouri that work is the prevailing cause of your injury and need for medical care. Now what happens when there’s a dispute? And I get this an awful lot. They send me to the company doctor, and I had three injections, and I had ten physical therapy visits. Then the company doctor released me and I’m still in pain, and I have pain down my leg. I get that all the time, everyday. What did I do?

Well at Cantor & Burger we will file your claim and we will make a demand for medical care. And that puts the employer in a little bit of a trick bag. They can either say, “Okay, we’re going to give you more medical care.” Or they can say that, “We’re not going to provide you any additional medical care.” At that point it is our argument that the employer uses the right to control your medical care. We send them another letter. We say, “Please reconsider you position. My client requires additional pain management or medical care, with an orthopedic surgeon.” Usually the insurance companies will stand on their denial. At that point I may say to you, “Go and get treatment on your own.”

You may ask, “Will my private health insurance pay?” Most of the time the private insurance is also going to try and get out of paying. They’re going to say it’s a work injury. We have ways around that. But the point is that you have an obligation to demand additional care and if the employer refuses to provide that additional care, then you get care on your own, and your attorney files a hardship. I’ve spoken many times about that. But it’s a difficult set of facts in Missouri when you’re still requiring care and the employer fails to provide it. So call me if I could help. I know that this may not answer all your questions, but I’m a available to speak with you. My office number is (314) 542-9999. I’m Mark Cantor. Thanks for watching.

By: Mark Cantor

How Long Will Filing for a Social Security Disability Claim Take?

Hi, I’m Lew Insler from Insler & Hermann. We’re going to talk a little bit today about time frames that are involved in filling Social Security Disability claims. We’re always asked how long is this going to take? Well, the entire process is probably going to take over a year. Sometimes, as much as a year and a half. Most people are denied the first time around. After that, you either file a reconsideration or you file for a hearing depending on where you live. The reconsideration typically takes a bit less time and is usually a rubber stamp for the initial denial. Waiting for a hearing can take as much as a year and a lot of people want to know, what can I do while I’m waiting. You can go back to work. However, the amount that you earn may have an impact on how long you’re able to receive benefits once they’re approved. You can also receive benefits from other sources. You can get workers compensation. You might be eligible for no fault benefits. You might be eligible for veteran’s benefits and you can even settle a personal injury lawsuit if that’s what led to the injuries or impairments that caused you to file for your claim. There is a way to expedite the hearing process. It’s called dire need. Social Security considers someone to be in dire need if they’re in danger being of either evicted or foreclosed. Realize that most people who are filing for Social Security Disability are having a lot of financial trouble. Unfortunately, because of that, Social Security is not going to expedite your hearing. You’ve got be in this dire need situation.

By: Lew Insler

Why Should I Review My Award Notice?

Reviewing the award notice that you get after a favorable decision is probably the single most important thing that we do. The award notices often contain errors. They can misstate the amount of time you are entitled to retroactive benefits. They can be wrong on the amount of benefits you’re supposed to get going forward, due to things like workers compensation offsets, and they can forget to discuss your auxiliary benefits – benefits that you are due for dependent children. Reviewing those records is something that we do very, very closely in order to maximize your benefits.

By: Lew Insler

Permanent partial disability is one of the components that worker’s compensation pays you when you’re hurt on the job. It’s the lump sum that you get for the disability that you have going forward into the future.

By: Spencer Farris

Proper Steps to take to Avoid Social Security Claim Errors

Hi. I’m Lew Insler from Insler & Hermann. We’re going to talk about the most common mistakes we see with Social Security Disability claimants and when you should retain an attorney. The hardest part about a Social Security Disability claim is the initial application and the daily activity questionnaire. They come at the beginning, so get the attorney involved from the start to help you deal with the hardest part of your case, the most stressful, and the time when you have the most questions. Also, we win the initial claims at a far greater rate than the national average. The percentage of cases that are won at the later stage, particularly at the hearings, has also decreased. So you’re maximizing your chances of success by having us represent you right from the start and helping you with your initial claim.

By: Lew Insler

Working While Applying for Social Security Disability Benefits

Hi. This is Lew Insler from Insler & Hermann, and today we’re going to talk about working while applying for, or receiving social security disability benefits. We feel our clients are better off financially and emotionally if they’re working. We never tell a client not to try to work, as long as their doctor approves, and a full answer as to whether or not you can work, depends on the specifics of your case. But generally, the following holds true. You can work at a level below what’s called Substantial Gainful Activity, and the amount for that changes each year, and still pursue your claim or continue to receive benefits. During the claims process, you can work up to three months in most cases, and six months under limited circumstances regardless of your earnings, and still use the original date of disability. That’s called an Unsuccessful Work Attempt, and it may actually help your claim.

Working After Winning Disability Claim

After you have been found disabled, you’re entitled to a Trial Work Period of up to nine months of an unlimited earnings, and those months don’t have to be consecutive. They can be within the first five years of your disability, after which any month in the next five years, where you make more than the Substantial Gainful Activity amount, you’re no longer entitled to benefits for that month. After those five years end, any month above Substantial Gainful Activity ends your entitlement to ongoing benefits. If you’re self-employed, it’s more complicated than just how much you were earning. Pensions, disability benefits, and other sources of wage replacement, do not affect your benefits. However, workers compensation might. The total of your social security disability and your workers compensation, can’t go over 80% of your past earnings.

By: Lew Insler