Post Date: December 2nd, 2008
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 a 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, they 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.
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