As an Illinois workers compensation lawyer headquartered in St. Louis, Missouri, I handle workers compensation cases throughout all of Illinois. One of the biggest advantages for injured workers under the Illinois work comp system, is the ability to choose your own doctor. However, I'm always amazed at how many injured workers are not aware of this peculiarity under Illinois Worker's Compensation laws. Simply put, the Illinois Workers Comp laws allow you to choose up to two doctors whom you can treat with. Additionally, if the doctors you choose refer you to another doctor, that referral does not count as one of your choices.

The reason that this is such a huge advantage is because the insurance companies try to direct you to their doctors. As an Illinois workers comp lawyer, I see this all the time. The insurance companies have a stable of doctors who do what they want. And of course all the insurance companies want is to pay out as little money as possible for that means more profit for them. So they save money in two ways.

First, the send you to a doctor who will treat you as little treatment as possible. Obviously medical treatment can be expensive, especially surgery. So they save money by sending you to a doctor in their back pocket who will be very reluctant to perform any type of expensive testing

Second, once your done with treatment, you are entitled to a lump sum disability settlement under the Illinois workers compensation laws. However, the amount of settlement is based in large part on your ultimate diagnosis and the amount and type of treatment you receive.  Thus, if you are treating with a very conservative doctor who has the insurance company's interest in mind, he's going to give you a much more conservative diagnosis and will not prescribe all the treatment you need. In turn, this will drastically lower the amount of your workers compensation settlement.

This is why I strongly encourage injured workers to contact an expert Illinois workers compensation attorney as soon as possible after the injury. We know the right doctors to direct you to who will not only fully treat your injuries, but will also be unafraid to testify against the insurance companies to fully explain to the judge the nature of your injury and the extent of the damage. If You were injured at work and have an Illinois workmen's comp claim, you have to understand that this is nothing more than a chess match to the insurance company. They are looking to make all the moves which will help minimize the value of your claim.

If you would like to further speak with an Illinois worker's compensation attorney, please feel free to call Josh Myers toll-free at 888-956-2487.  It's always free to discuss your case and there are no fees to retain a lawyer.  Rather, our fees will be limited to a small percentage of what we recover on your behalf. 

Recently, someone came to my St. Louis Workman's Compensation Lawyer website wanting to know the average settlement amounts for a herniated disc.  Herniated discs are also referred to pinched nerves or bulging discs.  As with all Missouri Worker's Compensation cases, the settlement amount depends on the permanent symptoms.  However, these cases always fall in a range of permanent-partial disability.  This is why when you are seeing the doctors, it is not the time to be modest.  Rather, you need to be sure the doctors document every bit of pain, soreness and stiffness that you are having.  Some people think this sounds like whining, but it is not at all.  Rather, if you down play your symptoms, all you're doing is giving the insurance company the ammo they need to abuse your when it comes to determining the final compensation you're entitled to.

 

In addition to your symptoms, settlement amounts also depend on the type of treatment that was had.  First, this article is assuming that you've had a herniated or bulging disc diagnosis by an MRI or a CT scan.  Once that is done, there are usually several types of treatment that one will go through.  The first will be epidural injections into the spine.  More serious cases warrant surgery.   Generally, cases with epidural injections should settle for no less than 12.5% of the body.  Surgical cases should settle for at least twice that amount.  Another factor is whether the bulging disc is in the neck (cervical spine) or the low back (lumbar spine).  Generally, lumbar spine cases are worth a little more. 

 

For a better explanation on the Missouri Work Comp system and how to calculate the final payout amount once you determine the permanent-partial disability, order a free copy of The Ultimate Missouri Work Comp book.   Written by St. Louis Personal Injury lawyer, Josh Myers, it explains everything injured workers need to know about how the system really works.

 

If you've been hurt at work and would like to speak with a Missouri Worker's Compensation attorney, call Josh Myers at 314.720.2706 or 888.956.2487.  As always, it's free to talk about your case and there is never any attorney's fee until he recovers on your behalf.

I recently received a question through my Missouri Workman's Comp website, as to how the Missouri Worker's Compensation system handles carpal tunnel claims.  The Missouri Work Comp system generally requires that injuries occur at a specific time due to a specific factor.  An exception to this rule are repetitive motion injuries, such as carpal tunnel.  Carpal tunnel usually occurs due to consistent repetitive stress on the wrist and hands where the median nerve becomes compressed and damaged.  This can usually lead to symptoms of strength loss, numbness and pain throughout the hand and fingers.  To be compensable under the Missouri Workman's Comp Act, the employee must first report the symptoms to their employer.  Generally, they should give written notice including the injuries alleged and how the injuries occurred and when the symptoms started.  Next, the employee should request that the employer provide treatment from the condition.  At this point, one of two things will happen:  first, either the employer will provide treatment which will be paid for by the Work Comp insurance.  Or, they may deny treatment.  At that point, we can obtain a denial letter from the Work Comp insurance company and the employee can go to their own doctor for their carpal tunnel symptoms.  Additionally, the Missouri Supreme Court just recently issued a new decision indicating that you have two (2) from the date the injuries have been diagnosed as being work-related.  This means that if you've been having carpal tunnel symptoms over the past five (5) years, but no doctor has ever diagnosed it as being work-related, the statute of limitations has not yet begun to run.  (The statute of limitations is a time period that you have to formally file the claim before you are forever barred.)

 

As a Saint Louis, Missouri Worker's Compensation lawyer, I can tell you that carpal tunnel claims are in a class by themselves.  One of the first problems you usually face is getting treatment for the injured party.  Because it generally does not occur from a specific accident, it is often hard to get the employer to begin treatment.  However, an experienced workers compensation lawyer has many tactics to fight this.

 

If you believe you have acquired carpal tunnel due to work activities, report it to your employer as soon as possible and ask that they begin providing treatment in the Work Comp system.  Additionally, if you would like to speak with a Missouri Worker's Compensation attorney, please feel free to call Josh Myers at 314.720.2706 or contact him through his St. Louis Worker's Comp attorney website.  As always, it is free to discuss your case and there is no fee unless you recover. 

 

One of the questions that often leads people to my Worker's Compensation website is whether it is worth it to hire a St. Louis Worker's Compensation lawyer.  Essentially, what I think people want to know is whether they'll be getting bang for their buck.  First, as a St. Louis Workman's Comp attorney, I'll be the first to tell you that not everyone needs a lawyer.  However, given that, I do think that everyone injured on the job who has received some treatment, should at least consult with a Worker's Comp lawyer.  First off, it's always free to talk with a Worker's Compensation attorney about your case.  At least that's my policy.  Right up front, I'll tell you whether you will be better off handling the case on your own.  I understand some people's skepticism that they may think I'll tell them they'll need a lawyer even when they don't.  However, I can promise you this is not true.  Look, I am not going to waste my time, money, and energy on a case that doesn't need my involvement.  Not only is it bad business and I'll never get any future referrals from that client, but there's also no incentive for me from a business perspective.  That being said, hopefully you will trust me when I tell you whether or not your Worker's Compensation case needs a lawyer.  The next thing people want to know is how much will a lawyer cost and is it worth it.  Virtually every Missouri Workman's Comp attorney works on the same fee basis.  We take 25% of whatever we recover for you at the end of your case.  Illinois Worker's Compensation Lawyers take 20%.  Thus, there is no retainer required and I don't send out any type of monthly invoice.  Basically, I get paid when you get paid and I don't get paid if you don't either.  In addition to the fees, our firm pays all of the expenses necessary to prosecute the claim along the way and they get reimbursed as an expense at the end too.  Thus, there is no financial risk to hiring a St. Louis Worker's Compensation attorney.  However, what you need to know is if it is worth it.  Well, consider that within the past couple years there was a study published in the Missouri Lawyer's Weekly which found that injured workers without lawyers obtained on average 50% less than those with lawyers.  I think this margin is even greater for those with serious injuries that require surgery.  The end result is that injured workers, who hire a lawyer, statistically, are always going to be better off than if they try and handle the claims themselves.  Besides the fact that I should be able to settle your claim for much more than you can on your own, there is an additional benefit in having the peace of mind that a professional is handling your case and the insurance company is not taking advantage of you without you even knowing what's proper and what's not.

 

But even if you're not ready to talk to a lawyer just yet, at least order The Ultimate Missouri Worker's Compensation Book.  This is a book that I've written and published, and not only does it explain how the system is supposed to work but also how it works in real life.  Even if you decide to handle the claim on your own or with another attorney, you know what you're up against. 

 

However, if you would like to talk to me about your claim, feel free to call me at 314-720-2706 or contact me through my website.  Again, it's always free to talk about a case and I'll be brutally honest with you about whether you need me or not.

As a Missouri Workers Compensation Lawyer based in St. Louis, one of the most frequent questions I see is "How much is my work comp case worth?"  Of course, there is no one single answer and in every case, there are a number of variables.  But generally speaking, there are three things we have to determine in order to determine the value of any workers comp case in Missouri. 

The first thing to determine is the part of the body injured.  Under Missouri's Workmen's Comp system, every body part is assigned a number.  For instance, if you have a torn rotator cuff in the shoulder, the number is 232.  If you have a herniated disc or bulging disc in the neck or back, the number is 400.  If you have a torn meniscus in the knee, the number is 160. 

The second number we determine is your average weekly wage (AWW).  Missouri's workers compensation statutes dictate the rules to determine the AWW.  However, the most common method is to take the average of what you made for the 13 weeks prior to the injury.  That average is called the average weekly wage.  We then take 2/3 of that number to arrive at the permanent partial disabiliy (PPD) rate.

Finally, we have to determine the percentage of permanent partial disability (PPD).  As the name implies, this is expressed in terms of a percentage.  For example, we might say a person's shoulder is 35% disabled because of their torn rotator cuff or torn labrum.  Their knee might be 30% disabled because of the torn meniscus.  Their back (whole body) might be 40% disabled because of a herniated disc at L5-S1.  Agreeing on this number is often when a St. Louis Workers Comp Lawyer is most valuable.  Studies show that people who are hurt at work obtain an average of 50% more than those who do not have a lawyer. 

Once we have determined these three numbers, they are multiplied together.  (Body Part) X (PPD Rate) X (Disability Percentage) = Final Work Comp Settlement.

This can be confusing for many people.  Before you talk with an attorney or the work comp adjuster, you should obtain The Ultimate Missouri Work Comp Book.  Written by St. Louis Personal Injury Lawyer Joshua P. Myers, it explains what people injured on the job really need to know about how Missouri's Workers Compensation system works.  The book is free to all Missouri injured workers.     

As a Missouri Workers Compensation Lawyer, I recently became involved in a workers compensation case in which a client fell nearly 20 feet to the ground from some scaffolding. He was on the scaffolding while working as a dry wall finisher. While deposing his immediate employers, they are now trying to make a claim that there is a safety railing that goes across the scaffolding which they had instructed him to use prior to the fall. This St. Louis workers comp case has been on file for several years now and this is the first that we have heard about these allegations that our client failed to use his safety rails. The reason why this is important is because in 2005, Missouri legislature changed the Workers Comp Laws in Missouri. One of the things they changed is a rule that states that if an employee fails to follow established safety rules, their final compensation award can be reduced to 25% to 50%.  It is clear now that this is a tactic that the other side is trying to use to reduce the amount of money they will have to pay my client. This particular case, I think it is a bogus defense made up by individuals with an extreme profit motive to avoid paying the full amount my client is entitled to under the Missouri Workers Compensation Laws.

 

However, this brings up a larger issue. Giving this new law, workers need to be vigilant in obeying all safety rules established by their employers. Just to show the unfairness of the rule, if the employer violates one of their safety rules, there is no penalty against them, they can only be penalized if they violate a state statute, and however there are not many statutes applicable to safety procedures of employers. This is just another way that the Blunt administration was insistent on attacking the rights of the individuals. If you were hurt at work will be pursuing a workman's compensation claim, you need to speak with a St. Louis Lawyer immediately. Workers Compensation Carrier will be hiring a lawyer to try to minimize your benefits, and you need to level the playing field. Josh Myers is a St. Louis Workers Compensation Attorney handling Workman's Comp cases all throughout Missouri and Illinois. If you have been hurt at work and need to speak with a lawyer, feel free to contact St. Louis personal injury attorney, Josh Myers. It's always free to discuss your case.

 

Additionally, if you would just like some free information on how Missouri's work comp system really works, order the new free book, The Ultimate Missouri Work Comp Book. Written by Josh Myers, it explains everything injured workers need to know.  I previously referenced the book in a prior blog posting about our press release regarding the fact that I had just published this Missouri Workers Compensation book. 

These are some of the first words that I recently heard from a client who had called in. The injured worker works at a foundry near Bowling Green, Missouri. As a welder's helper, his job is very labor intensive. On a recent day, he was trying to unlatch a bolt on huge pipe almost 4 inches in diameter. While doing so, he felt immediate pain in his shoulder and reported it to his co-workers. The company nurses took him to the emergency room where the company doctors gave him a shot. Shortly thereafter, the worker compensations insurance carrier sent him to see an orthopedic doctor. They obtained a MRI of his shoulder, which confirmed a rotator cuff tear. The doctor said he would need surgery and gave him a note saying that he was to be off work until after the surgery. The crazy thing is, even though the Workers Compensation Company agreed to provide treatment at that point, he immediate stopped approving any further treatment as soon as they heard the words surgery. Why did they do this? After years of being a St. Louis workers compensation attorney, my opinion is because they know that once they approve this man to undergo surgery, it makes his case more valuable. What many people don't know is that under Missouri Workers Compensation Law, you will almost always be entitled to a settlement disability after all your treatment is complete. The amount of that disability settlement is dependent upon the severity of the injury and the type of treatment. People often want to know how much a torn rotator cuff is worth under Missouri Compensation. If it requires surgery, this is a substantial claim and the insurance companies know this. So rather than sending this man for the treatment he needs and deserves under the law, they have decided to throw this to the side. Additionally, because he can't work, he is not making any money.  This is another thing workers compensation is suppose to do is provide payment for time off work.

 

This man originally retained a lawyer to handle his claim but was not happy with the services. It's always best to find a lawyer who limits his practice to one specific area. Otherwise he can never become an expert. As a St Louis lawyer, handling only injury cases (including workers compensation), I told him exactly what we would do for him to get him the surgical treatment he needs as well as payment for his time off.

 

Unfortunately this is a very common story with Missouri workers compensations cases. Because the insurance companies get to control all medical care, including choosing a doctor, they will jerk you around as much as possible if you don't have a lawyer. They will try to tell you that it is too costly to get a lawyer, but this is a lie. As a St Louis Workers Compensation attorney, I never charge any type of consultation fee nor never bill by the hour. Rather my lawyer's fee is 25% of whatever I recover in a worker's compensation case. In effect, I'm working for both our paychecks. Question- Have you ever had a doctor tell you that the amount they charge is going to be based on your outcome?

 

If you have been hurt at work, resulting in a torn rotator cuff, or any other injury, feel free to contact St Louis Workers Comp attorney Josh Myers.  Again it is always free to discuss your case. You can contact him through his St Louis Workers Compensation website or by calling 314-720-2706.

 

 

This was the question I was just asked by a new client, and one I get asked repeatedly.  In this case, the client was seeing Dr. Nogalski, a frequently seen Missouri workers compensation doctor in St. Louis.  She claims that Dr. Nogalski has been less than courteous and has even yelled at her when she wanted to know if there were any other options beside the surgery he was recommended.

The unfortunate fact is you are often stuck with the employer provided workers compensation doctor under Missouri law.  The law says that the employer (really their workers compensation insurance carrier) must pay for all medical treatment.  The trade-off is they get to choose the doctor you see.  What usually ends up happening is they use the same doctors again and again.  It's my opinion that these doctors know are not on your side, but the insurance companies side, because it's such a source of repeat business.  They are not going to bite the hand that feeds them.  I think this is often true when the employees are sent to BarnesCare or Concentra. 

It is not until you get a lawyer do you have a chance of getting away from the employer's chosen doctor.  We have been successful in going to a workers compensation judge and asking for an order that the insurance company has to provide a different doctor. 

If you have been injured at work and need to speak to a Missouri Workers Compensation Lawyer, contact Josh Myers.  His practice exclusively focuses on personal injury, such as car accidents and semi wrecks, and workers compensation cases.  As a trial lawyer in St. Louis, Mo, he handles serious injury cases throughout Missouri and Illinois.

Additionally, if you are looking for some information on how the Missouri workers compensation system really works, put in your free order for The Ultimate Missouri Work Comp Book. 

Whether they call me a workers' compensation, workman's comp, or work comp lawyer, every potential client has the same question.  They want to know my win percentage.  This is only natural for every new client to wonder how good their lawyer is and certainly, they should not just trust anyone.  By defining a "win" as obtaining recovery for my clients, either through settlement or final hearing, my win percentage is 100%.  Simply put, I have never taken a work comp case where I was unable to recover for my client. 

 

This statistic is always a good mark to evaluate a St. Louis work comp lawyer, but it certainly is not the only question you should be asking.  The problem for most people who are looking for a lawyer is that they are unsure of how to go about finding a good one.  For most, they have never had to hire a lawyer before, at least not a Missouri workers' compensation lawyer.  The two most important questions you should be asking when deciding who to hire for your work injury is first whether the attorney specializes in injury law, and second whether they have tried workers' compensation cases. 

 

As to the first issue, I know of several very good attorneys who work in multiple areas of law.  Unfortunately, I know of many more who are bad.  The fact is, no matter what area of law in which you needing representation, you always need to find a specialist.  Never go with a "jack of all trades" lawyer.  Even I am still surprised sometimes at some of the elementary questions I get asked by these lawyers when it comes to the Missouri work comp system.  Along this same line, you need to make sure that your attorney is going to personally handle the case.  Because we specialize in only injury law, we have a number of attorneys who refer us cases.  I am certainly not complaining about this situation, as it is a good business arrangement for me and I always know that the client will be well taken care of, the fact is, client's are always best to go straight to the expert. 

 

As for the second question, I think it is extremely important to hire a work comp lawyer who has tried both workers' compensation cases and St. Louis personal injury cases.  If they have never tried a work comp case, then they simply just cannot fathom how to put the case together.  Although the vast majority of workers' compensation cases settle, the only good settlements arise when the case is properly prepared for a hearing and the defense attorney sees that.  As for trying personal injury cases, well, they are just much more difficult and complex.  Personal injury trials give the lawyer a much deeper analysis of the case presentation and how to properly persuade the decision maker through their trial story.

 

Of course, not every workers' compensation case requires a lawyer.  However, if you are going to handle your case alone, you do need to know the facts.  That is why I have written an informative new book free to injured employees about the Missouri workers' compensation system.  It is called "The Ultimate Missouri Work Comp Book," and it explains how the system really works.  I can guarantee you there is no other resource like this available to injured Missouri workers. 

 

Additionally, if you would like to speak with an attorney about your Missouri work comp claim, call St. Louis workers' compensation attorney Josh Myers.  It is always free to discuss your case. 

For the past several weeks, I have received a handful of calls from employees hurt on the job.  The problem that has me increasingly disgusted is that they are being flat-out lied to by their employers.  Under the Illinois Workers' Compensation laws, employees have the right to go to their own doctor and the insurance company has to pay.  In fact, they actually get the choice of two separate doctors under the law.  However, in all the calls I have received in the past few weeks, the employees have been treating with the employer's doctor because they were specifically told that they had to if they wanted the work comp insurance to pay.  This goes beyond merely misinforming the injured employees.  This is flat out lying to them.  All Illinois employers are required by law to be familiar with the work comp laws and to accurately advise their employees.  Obviously, this is not happening. 

 

As an attorney who specializes in injury and workers' compensation cases, it is clear to me why this is being done.  The doctors that the employees are being sent to are kept on a pretty tight leash by the work comp insurance companies.  In fact, the insurance companies basically control the care.  More importantly, at the end of every Illinois work comp case, the injured employees are entitled to a lump sum disability settlement.  However, this amount is often based on the type of treatment, and the amount of treatment.  What I often see is that when treatment is restricted to the doctor chosen by the insurance company, the employee gets less treatment that what the otherwise should.  Not only does this affect their health, but it also affects the final payout.  In these cases, we are immediately getting the clients to more objective doctors of their choosing.  This seems to be a big problem in Illinois work comp cases and all employees need to know their right to choose their own doctor.

 

If you are injured at work and are looking for an Illinois Workers' Compensation attorney, feel free to contact Josh Myers.  It is always free to discuss a potential case, and there is never an hourly fee. 

A new press release has been issued concerning the publication of my book, "The Ultimate Missouri Work Comp Book".  The release can be viewed at here.

 

St. Louis Workers Compensation Attorney Joshua P. Myers announces the release of "The Ultimate Missouri Work Comp Book".

For_Immediate_Release:

 

United States of America (Press Release) October 19, 2008 -- St. Louis injury attorney

Joshua P. Myers announces that he has published a free book for Missourians injured at work. The book, titled "The Ultimate Missouri Work Comp Book," addresses a number of issues that all injured employees need to know before talking with the insurance company or retaining an attorney. Specifically, it discusses who is entitled to make a claim, how long they have to make a claim, and the three main benefits available to all injured workers.

"I wrote the book because I was tired of seeing the same old tactics used by the work comp insurance companies. If you think they will treat you fairly, you are sadly mistaken. They will try to keep you in the dark about your rights. I might not be able to represent every injured worker out there, but through this book, I can educate workers about how the system really works," says attorney Joshua P. Myers.

The book can be obtained by visiting http://joshmyerslaw.com/Free_Books.aspx or by calling (888) 956-2487.

Joshua P. Myers is a St. Louis personal injury attorney focusing his practice exclusively on plaintiff's personal injury and workers' compensation. He is accepted to practice law in all courts throughout Missouri and Illinois. He is also a member of various organizations, such as the Missouri Association of Trial Attorneys, Bar Association of Metropolitan St. Louis, Illinois State Bar Association, and the American Association for Justice. More information about him and his practice can be obtained at www.joshmyerslaw.com.

 

 

 

As a St. Louis Workers' Compensation attorney, a growing trend that I see is the use of nurse case managers.  Workers' Compensation insurance companies are now hiring nurses to follow the care of injured employees.  In theory, this does not sound like a bad thing, and it should be much better than an adjuster who has never received medical training being the one solely responsible for reviewing the employee's treatment.  However, what I am often beginning to see now is that the hired nurse case manager is nothing more than an assassin hired by the insurance company.  They often sabotage the workers' at the doctor's office, and even try to take inappropriate statements from injured workers.  Increasingly, they are speaking with the doctors directly.  I believe that this in complete violation of every patient's HIPPA privacy rights.  Yet, not only are they often speaking with the doctors, they are also controlling care by telling the doctors what they are and are not allowed to do.  I have even had doctors tell my clients that, regardless of their condition, they would not be allowed to treat them past a certain date because the nurse case manager has said so. 

 

Generally, when I am approached with a new Workers' Compensation case, I will send a letter to the adjuster telling them that no case manger is allowed to contact my client or their medical providers.  Sometimes this does the trick and sometimes it does not.  I would love to see a crack down on the insurance companies and their case managers, but until we have a legislature that cares about the rights of injured individuals, I do not see much hope in sight. 

 

If you have been hurt at work and feel that you are being abused by the insurance company or their case managers, and would like to speak with a St. Louis Workers' Compensation attorney, contact Josh Myers.  There is never any hourly fee and all case consultations are free. 

This afternoon I met with a new workers compensation client.  He had recently been hurt at work when he was hit by a forklift.  His employer drove him to the emergency room.  After his examination, the emergency room doctor gave him a note saying he was to remain off work for the next 7 days.  As a St. Louis Workers Compensation Lawyer, I know that the law says the employer must pay him for his time off work, called TTD.  However, when he asked his employer, they flat out told him he isn't entitled to any TTD pay.  Incidentally, when he tried to go back to work after his 7 days that the ER doctor told him to stay home, his boss fired him. 

Not only was he abused and lied to, but his employer has refused to provide him any additional treatment for the back pain he is still suffering.  Additionally, they have not paid for the prescrition medicine he received at the ER.  Needless to say, this is a story that happens too often.  Employers either don't know the work comp laws, or they outright lie to their employers.  Luckily, my client knew he was being mistreated and I will help get things straightened out.

Because many employees do not know their rights when they are hurt on the job, I have written "The Ultimate Missouri Work Comp Book".  It is free for injured Missouri workers.  Workers Compensation laws are specific to every state.  Thus, while I am also an Illinois Workers Compensation Attorney, this book is not for Illinois workers.  However, I will be working on a book for injured Illinois workers in the near future. 

If you have been hurt at work in Missouri or Illinois and would like to speak to a St. Louis Workers Compensation Attorney, call Josh Myers.  It's always free to talk about your case.