Missouri & Illinois Legal News: Keep Up To Date On The News Related To Your Case, Similar Incidents, And Changes In State Laws

Are you up to date on Missouri and Illinois news and current events related to your case, lawsuit, or claim? We provide our readers with the most important accident news, personal injury news, medical malpractice news, and workers' compensation news – stories that can help you understand your case and keep your current on the legal issues that are most important to you.

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Workers' Compensation

• Missouri Supreme Court to Interpret Workers' Compensation "Equal Exposure"
  Oct 31, 2011

  On October 25, 2011 the Missouri Court of Appeals Eastern District transferred the case of Johme v. St. John's Mercy Healthcare to the state's Supreme Court.  The high court will be asked to decide whether certain accidents are compensable under the workers' compensation law. 
  
  In Johme, the employee, a billing representive for St. John's, broke her pelvis when she fell while making coffee in the kitchen at work.  She did not slip or fall on something on the floor.  Rather, she slipped out of her sandal and fell.  The Court of Appeals held that nothing about her job as a billing representative caused the fall and injury, so it did not "arise out of" her employment as required by the Missouri workers' compensation law.  That decision appears to be in conflict with a decision of the Southern District Court of Appeals in the case of Pile v. Lake Regional Health System.  As a result, the Missouri Supreme Court is going to be asked to resolve the conflict between the decision of the Southern District and the decision of the Eastern District. 
  
  The Missouri workers' compensation law was amended in 2005. Currently, an injury at work may not be compensable if  if it came "from a hazard or risk unrelated to the employment which workers would have been equally exposed outside of and unrelated to the employment in non-employment life." (citing § 287.020.3(2)(b)). In rejecting Johme's injury as a compensable worker's compensation claim, the Eastern District in Johme said, ".. the injury here did not occur because Johme fell due to some condition of her employment. She wore sandals to work of her own accord, and there is no allegations that the floor of the kitchen area had any spills or other hazards. In short, while making coffee Johme unexpectedly slipped off her sandal, fell and injured her pelvis. Nothing about her employment as a billing representative caused the fall and injury, and we should not say it 'arose out of' her employment. Prior to the 2005 amendments, Johme's argument would have been more persuasive, but the Legislature has since raised the bar. Under the current scheme, the above stated facts simply do not meet the threshold for an award of worker's compensation."
  
  Again, this decision is seemingly in conflict with a decision of the Southern District in Pile, where the court held that if the risk of injury is related to employment, it is compensable under the workers' compensation law, and it doesn't matter if the worker would have been equally exposed to the risk of injury in non-employment life.  
  
  This is a very important case to watch.  Judge Romines, who wrote the Johme decision, said that his interpretation of the law would mean that the "personal comfort doctrine" no longer exists. If the Missouri Supreme Court agrees, this could really deal a blow to workers who are injured on a break or on their way to and from the bathroom, as those injuries would no longer be compensable workers' compensation claims.  Again, this is a very important case for the Missouri Supreme Court to examine for injured workers.  We will follow its progress in the courts and will report the Supreme Court's decision when it is reached.

• National Labor Relations Board Ruling on Labor Law Policy Delayed
  Oct 21, 2011

  October 14, 2011 - According to BNA, there is a delay in the ruling from the National Labor Relations Board in regard to federal labor law posting requirements. Originally scheduled for Nov. 14, a controversial ruling about requirements for private employers has been moved to Jan. 31, 2012.
  
  This ruling is in motion to set requirements for private employers in the U.S. to post a notice, which informs employees what their rights are under federal labor law. This ruling was met with some opposition when it was first introduced in Dec. 2010.
  
  It specifically requires that an 11x17 inch poster, which explains the rights of employees, be posted. Even companies that utilize electronic sources of communication will be required to post it.
  
  The reason for the delay in this ruling is to make it clearer which businesses and trade organizations would be required to follow this and to educate more businesses of the federal policy; however, the delay could also result in challenges from federal judges.
  
  If you would like to learn what your legal rights are as an employee if you have been injured while on the job, then you should speak with a Missouri Worker's Compensation attorney as soon as possible. 
  
  Contacting a Missouri Worker's Compensation Attorney
  
  When a workplace accident in Missouri causes serious injury or death, Missouri Workers' Compensation is often the primary source of benefits to address the damages. Order our FREE guide to Missouri Workers' Compensation for injured workers and learn more about this often complicated system. If you have questions about Missouri Workers' Compensation or your claim has been denied, delayed or unfairly reduced, contact the Missouri Workers' Compensation attorney team at Bollwerk, Ryan & Tatlow, LLC - 314-315-8111.

• Shillington Box Co. of St. Louis Listed among Best in Workplace Safety
  Oct 14, 2011

  October 4, 2011 - St. Louis, Mo. - The Shillington Box Company of St. Louis is the latest Missouri business to be added to the Safety and Health Achievement Recognition Program's (SHARP) list of exemplary members.
  
  The Missouri Department of Labor & Industrial Relations issued a press release on September 22^nd announcing that Shillington became the 36^th business to be recognized by SHARP. Businesses earning this distinction show exemplary conduct in promoting workplace safety and employee health.
  
  Shillington has been in business since 1906 and manufactures corrugated packaging materials. Many of their 67 employees are members of the Carpenter's Local District Council of Greater St. Louis.
  
  For the past 10 years, Shillington has worked on improving employee health and safety through numerous changes. Improved safety and wellness programs for employees, plus a greater attention to employee safety suggestions and concerns has cut down tremendously on workplace injuries at their facilities.
  
  When a business qualifies for SHARP they must first be a participant in Missouri's On-site Safety and Health Consultation Program which monitors safety measures and incidents. This program has already helped Missouri employers avoid $4.6 million in OSHA violations and correct over 5,600 serious workplace hazards before they became potential accidents.
  
  Contacting a Missouri Workers' Compensation Attorney
  
  Job-related accidents can cause serious injury or death and leave you and your family physically, financially and emotionally compromised.  Before you make a decision on how to handle your case, order a copy of our FREE eBook, How to Handle Your Missouri Workers' Compensation Case Yourself. Our guide explains the Missouri workers' compensation system and helps you decide when it's time to hire an attorney.
  
  When you're ready, contact us to set up a consultation with an experienced Missouri workers' compensation attorney at Bollwerk, Ryan & Tatlow, LLC - 314-315-8111.

• Top 10 Most Dangerous Jobs According to Bureau of Labor Statistics
  Oct 14, 2011

  October  4, 2011 - The latest figures from the Bureau of Labor Statistics have revealed the most dangerous jobs in America according to the 4,547 fatal work injuries reported in 2010. Read on to see if you may need to hire a Missouri Workers' Compensation attorney.
  
  Top 10 Most Dangerous Occupations in America
  
  The Risk Management Monitor blog compiled the latest statistics from the bureau and pinpointed the occupations which had the most fatalities when a work-related accident was reported per 100,0000 workers: 

  • Fishermen - 116 fatalities;
  • Logging workers - 91.9 fatalities;
  • Airplane pilots and flight engineers - 70.6 fatalities;
  • Farmers and ranchers - 41.4 fatalities;
  • Mining machine operators - 38.7 fatalities;
  • Roofers - 32.4 fatalities;
  • Sanitation workers - 29.8 fatalities;
  • Truck drivers & delivery workers - 21.8 fatalities;
  • Industrial machine workers - 20.3 fatalities; and
  • Police officers - 18 fatalities. 

  These figures show that there is generally a higher amount of risk associated when you work in an industrial profession or around heavy equipment. Employees in these professions should take extra care to ensure their own personal safety as well as the safety of their co-workers when on the job.
  
  Employers in these industries also need to heed the rules and regulations regarding jobsite safety measures, either from the Occupational Health and Safety Administration (OSHA) or their state's health and safety department.
  
  Contacting a Missouri Workers' Compensation Attorney
  
  Job-related accidents can cause serious injury or death and leave you and your family physically, financially and emotionally compromised.  Before you make a decision on how to handle your case, order a copy of our FREE eBook, How to Handle Your Missouri Workers' Compensation Case Yourself. Our guide explains the Missouri workers' compensation system and helps you decide when it's time to hire an attorney.
  
  When you're ready, contact us to set up a consultation with an experienced Missouri workers' compensation attorney at Bollwerk, Ryan & Tatlow, LLC - 314-315-8111.

• Recent Reports Show Fewer Fatal Workplace Injuries in Missouri
  Oct 14, 2011

  October 4, 2011 - The numbers are in for 2010 from the Missouri Bureau of Labor Statistics and reports for fatal workplace injuries are seeing a decrease.
  
  The Department of Labor and Industrial Relations has issued a press release confirming that between 2009 and 2010 the number of fatal work injuries reported in Missouri fell 25%. This was after 142 fatal accidents were reported in 2009 and only 107 in 2010.
  
  The department cites the improved workplace safety programs offered free to employers as one of the main reasons the rate of fatal accidents has decreased. Participation in these voluntary programs has increased 56% since the current administration came to office.
  
  Of the 107 fatal workplace injuries that did occur, most occurred in the transportation industry which accounted for 60 of the fatalities. Next was the agriculture industry, accounting for 25 of the total fatalities and the construction industry trailed behind with 12 fatalities, 8 of which were specialty trade contractors. The other 10 fatalities occurred on non-classified worksites.
  
  When you have been seriously hurt while working on the job, you may be able to collect compensation for your losses. You should speak to a Missouri Workers' Compensation attorney to discuss your legal options.
  
  Contacting a Missouri Workers' Compensation Attorney
  
  Job-related accidents can cause serious injury or death and leave you and your family physically, financially and emotionally compromised.  Before you make a decision on how to handle your case, order a copy of our FREE eBook, How to Handle Your Missouri Workers' Compensation Case Yourself. Our guide explains the Missouri workers' compensation system and helps you decide when it's time to hire an attorney.
  
  When you're ready, contact us to set up a consultation with an experienced Missouri workers' compensation attorney at Bollwerk, Ryan & Tatlow, LLC - 314-315-8111.

• Illinois Worker Trapped in Corn Bin at Center Ethanol Co. Plant
  Oct 14, 2011

  October 4, 2011 Sauget, Ill. - A maintenance worker at the Center Ethanol Co. plant in Sauget, IL is safe today thanks to the efforts of rescue workers.
  
  STL Today reported that the 43-year-old man was performing routine maintenance on a grain bin at the plant on September 29. A little before 9 a.m. the man became trapped in the 75-foot high bin filled with about 80,000 bushels of grain.
  
  During his work, the corn inside the bin shifted, causing an avalanche around him, pulling him down like quicksand. Rescue workers from the St. Louis Fire Department and St. Clair County emergency services rescue team responded to the incident.
  
  Rescue teams assessed the worker's condition and found him to be conscious and responsive as they worked to shovel corn away from his body. A tube was placed around the victim to prevent the corn from crushing him further. He eventually was able to stand up and workers were able to pull him from the bin safely.
  
  The worker was taken to St. Louis University Hospital by medical helicopter. During the flight, medical crew reported that he was complaining of pain in his right leg, but was able to move all of his limbs.
  
  Working in dangerous areas such as ethanol plants and other industrial jobs can increase your risk of suffering a serious work injury. A Workers' Compensation attorney, although based in Missouri, helps protect those who are battling a workplace injury in Missouri and Illinois.
  
  Contacting an Illinois Workers' Compensation Attorney
  
  Job-related accidents can cause serious injury or death and leave you and your family physically, financially and emotionally compromised.  Before you make a decision on how to handle your case, order a copy of our FREE eBook, How to Handle Your Workers' Compensation Case Yourself. Our guide explains the Illinois & Missouri workers' compensation system and helps you decide when it's time to hire an attorney.
  
  When you're ready, contact us to set up a consultation with an experienced workers' compensation attorney at Bollwerk, Ryan & Tatlow, LLC - 314-315-8111.

• OSHA Renews Alliance with Scaffold Industry Association
  Oct 14, 2011

  October 4, 2011 - The renewed alliance between the Occupational Safety and Health Administration (OSHA) and the Scaffold Industry Association, Inc. (SIA) hopes to continue the development of safe working conditions for scaffold and platform workers. If you've been injured while working, seek a Workers' Compensation attorney in Missouri to help you file a claim.
  
  The CompNewsNetwork reports that the alliance renewal in 2011 marks the 3^rd year since the original alliance took effect back in 2008. This partnership was created to protect the safety of workers who are employed on scaffolds, mast climbing, and aerial lift equipment.
  
  The goals for the renewed alliance include the development of more effective training and education programs for employers and employees whose occupations involve scaffolding and related platforms. Another goal of the renewed alliance is to conduct outreach programs and improve communication regarding scaffold safety.
  
  Since the alliance was formed, the 2 organizations have worked together to create safety materials relating to fall hazards on transport platforms and scaffolding, as well as increasing awareness of OSHA's rules for these worksites.
  
  SIA represents the scaffold, aerial life, access industry and safety and engineering consultants. OSHA provides guidelines to the member companies of SIA in regard to safety standards and rules. While the 2 organizations work closely, SIA members aren't exempt from OSHA inspections.
  
  Contacting a Missouri Workers' Compensation Attorney
  
  Job-related accidents can cause serious injury or death and leave you and your family physically, financially and emotionally compromised.  Before you make a decision on how to handle your case, order a copy of our FREE eBook, How to Handle Your Missouri Workers' Compensation Case Yourself. Our guide explains the Missouri Workers' Compensation system and helps you decide when it's time to hire an attorney.
  
  When you're ready, contact us to set up a consultation with an experienced Missouri workers' compensation attorney at Bollwerk, Ryan & Tatlow, LLC - 314-315-8111.

• MO Attorney General Penalizes Companies in Workers’ Comp Reporting
  Apr 19, 2011

  April 14, 2011 - Jefferson City, MO - Two Missouri companies found guilty of workers' compensation violations have been cited more than $100k in penalties after investigations.
  
  Attorney General Chris Koster announced through the Missouri Department of Labor and Industrial Relations he had reached agreements with the companies in February. The 2 companies, Specialty Risk Services LLC. and Broadspire Services Inc. were fined a total of $103,500 - $75,000 and $28,500 respectively for failure to report worker's injuries.
  
  Missouri workers' compensation laws establish specific timeframes for reporting worker injuries to the insurance companies to resolve the claims. Failure to do so is now punishable under a new type of case the Division of Workers' Compensation is now referring to the Attorney General's office.
  
  These 2 companies are third-party administrators who contract with several Missouri companies to help with the filing and processing of workplace injury reports. The companies failed to do so on numerous occasions within the 30 day timeframe for certain injuries.
  
  After the investigation and negotiations with the Attorney General, both companies admitted to the workers' compensation law violations. Part of their settlement included agreements that they would remain compliant for 2 years and take the necessary steps to prevent future violations.
  
  Having workers' compensation insurance coverage through your employer is not always a guarantee you will receive the full benefits and financial compensation you deserve when you are injured at work. A St. Louis workers' compensation attorney can help you seek the full compensation you are entitled to for your worksite injury.
  
  Contacting a St. Louis Workers' Compensation Attorney
  
  Job-related accidents can cause serious injury or death and leave you and your family physically, financially and emotionally compromised.  Before you make a decision on how to handle your case, order a copy of our FREE eBook, How to Handle Your Missouri Workers' Compensation Case Yourself. Our guide explains the Missouri workers' compensation system and helps you decide when it's time to hire an attorney.
  
  When you're ready, contact us to set up a consultation with an experienced St. Louis workers' compensation attorney at Bollwerk, Ryan & Tatlow, LLC - 314- 315-8111

• Missouri’s Line of Duty Compensation Fund Mails 1st Checks to Families
  Apr 19, 2011

  April 14, 2011 - Jefferson City, MO - On March 17^th the first benefit checks went out to 2 families of deceased Missouri emergency response professionals. These benefits, totaling $25,000 each, were made possible by the Line of Duty Compensation Fund established in 2009.
  
  The Missouri Labor Department announced the approval and payment of the claims, which were filed in 2010. The survivors of brave men and women killed in the line of duty are compensated through this fund. These 2 initial claims are the first of 5 claims filed so far to be approved.
  
  The benefits of the fund are available to the families of firefighters, law enforcement, air ambulance pilots and nurses, and emergency medical technicians who are killed in the line of duty. The victims must have been on active duty during the accident, performing the duties of their profession, and the injury must have occurred as a result of the performance of their duties.
  
  The death benefit of $25,000 is approved by the Missouri Labor Department's Worker's Compensation Division Director. Upon approval the benefit is paid to the estate of the deceased, along with any other pension rights, death benefits, and other compensation.
  
  If you have lost a loved one who provided emergency service to the citizens of Missouri, your family may be entitled to these benefits. For help with work-related fatalities potentially eligible for death benefits, pensions, and other compensation types, contact a St. Louis workers' compensation attorney.
  
  Contacting a St. Louis Workers' Compensation Attorney
  
  Job-related accidents can cause serious injury or death and leave you and your family physically, financially and emotionally compromised.  Before you make a decision on how to handle your case, order a copy of our FREE eBook, How to Handle Your Missouri Workers' Compensation Case Yourself. Our guide explains the Missouri workers' compensation system and helps you decide when it's time to hire an attorney.
  
  When you're ready, contact us to set up a consultation with an experienced St. Louis workers' compensation attorney at Bollwerk, Ryan & Tatlow, LLC - 314-315-8111.

• New Missouri Workers’ Compensation Bill Passed by Senate
  Apr 07, 2011

  April 5, 2011 - Jefferson City, MO - In mid March, Senate Bill 8 passed during the legislative session, bringing protection to Missouri workers involved in honest worksite accidents.
  
  WorkersCompensation.com announced the bill's acceptance, which was sponsored by Senator Goodman of Mt. Vernon. The bill protects Missouri employees from being named in personal lawsuits brought upon co-workers who injure them in worksite accidents. The bill would only allow accountability for damages if the accident was intentional.
  
  This bill, if enacted into law, would repeal a past appeals court decision on a recent case in Kansas City. In the Robinson vs. Hooker lawsuit, one employee (Robinson) was blinded in one eye when the hose held by a co-worker (Hooker) slipped from her grip and hit Robinson's face.
  
  Robinson filed a civil negligence lawsuit against Hooker for the injury but the Circuit Court granted Hooker a motion to dismiss. This decision was later reversed by the Court of Appeals. These additional personal lawsuits were filed after Robinson had settled a Workers' Compensation claim with the employer.
  
  Missouri Workers' Compensation laws can be difficult to understand when you are suffering from a work injury or disabling condition developed on the job. You deserve the help of an experienced St. Louis Workers' Compensation attorney to help make sure your legal rights are protected.
  
  Contacting a St. Louis Workers' Compensation Attorney
  
  Workers' Compensation claims can come in many forms. You may be suddenly injured in a workplace accident or develop a disabling condition over time because of the nature of your job. In either case, you deserve the benefits from the Workers' Compensation insurance your employer is required to supply.
  
  When you find yourself fighting to collect the Workers' Compensation benefits you deserve, you may need the help of a St. Louis Workers' Compensation attorney. To get started with determining if you have a viable Workers' Compensation case, contact the St. Louis Workers' Compensation attorney team at Bollwerk, Ryan & Tatlow, LLC - 314-315-8111.