Blog: Legally Speaking

Here at Aaron Sachs and Associates we receive many calls from people inquiring about Missouri worker’s compensation cases. Here are some helpful basics:

Worker’s compensation is a type of insurance carried by employers, in case their workers are accidentally injured on the job. This can be a job related accident or not. It also applies to occupational diseases.

Both employee and employer benefit from worker’s comp. If injured on the job, the employee is eligible for medical benefits, as well as money for lost wages. In worker’s compensation cases, there is no question of negligence or blame on the part of the employer. But, in return for compensation, employees give up the right to sue their employer.

There are three separate types of worker’s comp benefits which are currently available under the Missouri Worker’s Compensation Law:

1. Medical benefits for treatment of the work related injury. Remember, the employer has the legal right to choose the physician – if you decide to choose your own it’s possible you will then have to pay for that treatment out of your own pocket.
2. Temporary total disability (TTD) – this is compensation for the time you are unable to work because of the injury. The length of time you can receive these benefits is decided by your physician. TTD usually starts after three days of missed work due to the injury, and ends only when your doctor says you are able to return to work.
3. Permanent disability benefits – if your doctor determines that there is nothing further which can be done to help you, you might be considered permanently disabled. If this determination is made, you will receive benefits for the rest of your life.

Of course, these are extremely general explanations of a process which is frequently much more complicated. For more detailed information, read “How Do Worker’s Compensation Cases Proceed?” If you have a Missouri worker’s comp case, it may be to your advantage to have it handled by an experienced attorney. We offer a Free Legal Consultation and have offices in Cape Giradeau, Springfield, Joplin and Columbia/Jefferson City MO.

We highly recommend applying for Social Security Disability benefits as soon as you become either mentally or physically disabled. Although disability applications generally take three to five months to be processed, they are retroactive to the initial date of the disability.

There are three different ways to apply for benefits – online, at your local Social Security office, or by phone. You can download and print an application at www.socialsecurity.gov/disabilityreport.

The regulations regarding eligibility are very specific. You need to have worked a certain amount of time to be qualified to receive it. You will be required to prove this by furnishing a copy of your most recent W-2 Form, or if self employed your federal tax return for the past year.

Some other required information includes:
• Social Security Number
• Birth or baptismal certificate
• Complete medical records, including names and contact information for the doctors, hospitals and caseworkers who have been involved in the treatment of your disability
• Listing of different medications you are taking
• Any lab work or test results pertaining to your case
• A written summary including where you worked, and the type of work

Your application might be expedited if you can provide all the necessary information – but, do not delay in filing an application if you do not have all of it – the Social Security Administration will help you collect any missing information.

Because so many disability applications are turned down at first, (approximately 60% of initial applications are denied) it is recommended to have an attorney to help you with any complications, or an appeal if you need one. After being turned down, you only have 60 days to file an appeal – a very short time to do something which will have a major impact on your life.

At Aaron Sachs and Associates, we offer a free consultation; you can also submit our easy-to-use Do I have a Case? form, for your convenience.

As reported by KFVS TV today, a three year old girl from Cape Girardeau was killed Friday morning. The crash involved two tractor –trailers in Franklin County, Kentucky and shot down the eastbound lanes between mile markets 48 and 49 of Interstate 64.

The three year old girl was riding in one of the tractor trailers trucks being driven by her 49 year old grandmother. Kentucky State Police say alcohol was a factor. Evidently, the Kentucky State Police had stopped a vehicle for drunk driving, when one of the semi trucks crashed into the other tractor-trailer. It is very sad to hear of a wrongful death caused by drunk driving.

At the end of last year, the Missouri Department of Insurance issued a statement from Jefferson City, MO recommending a decrease in workers’ compensation loss costs of 8.1 percent for 2010. This could result in reduced workers compensation insurance premiums for Missouri employers of as much as $80 million for 2010.
The National Council on Compensation (NCIC) Insurance makes an annual recommendation to the Department of Insurance based on the average costs of lost wages and medical payments of workers injured on the job. The Missouri Department of Insurance does its own evaluation of loss costs, including the NCIC data and their own analysis of Missouri workers comp claim amounts and payroll data.
With the current economic challenges in our country and in Missouri, we’re all for keeping costs down for businesses. It’s very gratifying to note that on-the-job injuries in Missouri are down by about 60% over the past 15 years, due mostly to increased safety in the workplace.
However, Workers Comp remains a very important protection for workers injured on the job in Missouri, especially because workplace injuries can result in short or long-term disability and costs for these types of injuries can add up quickly.
Our Missouri Workers Comp law practice, with local offices in Springfield, MOJoplin, MOand the Four States area; Columbia, MO / Jefferson City and the Mid States area and now in Cape Girardeau, can answer your questions about workers comp insurance in Missouri and help you navigate the Missouri workers’ compensation system in the event of a workplace injury.

Cape Girardeau , MO February 15 2010 – Attorney Aaron Sachs was interviewed during the morning news on KFVS – 12, the local Cape Girardeau CBS TV station this morning, Monday, February 15, 2010. “After an accident, it is important to know your rights”, Sachs says. “Hiring an attorney after a car wreck is an important decision, and sometimes you don’t know if you need an attorney, until you discuss you situation and find out your options, “Sachs continues. An example is in the area of under insured coverage. Since there is no state statute mandating coverage, insurance companies are free to build into your insurance contract exceptions and loop holes that can result in a denial for coverage. If you settle the underlying liability claim with the other drivers insurance and don’t satisfy the terms of your insurance contract for under insured coverage, you may be out of luck when you make a claim for UIM. Often, it costs nothing to find out if a personal injury lawyer can help since the initial consultation with most attorneys is at no cost.
Sometimes, people don’t want to talk to attorney, but first want information. The Sachs law firm offers a free DVD, “What To Do After An Accident.” To get a free DVD, just call the Cape Girardeau office telephone number at (573) 334-7959. Attorney meetings are by appointment only. Another source of information about Aaron Sachs and Associates’ personal injury law firm’s services is to visit the firm’s website at http://www.autoinjury.com/areas-of-practice/cape-girardeau-office
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The Toyota recall has been in the news almost daily, with headlines covering the various statements about the causes of the sticking gas pedals (are we certain yet?), Toyota’s halt of the manufacturing of certain models, and, most recently, the Secretary of Transportation telling folks to stop driving their Toyotas, then saying he didn’t mean that.
Car accidents can cause serious injuries and sometimes death. Even so-called minor accidents can cause a host of problems, such as neck and back injuries, broken bones, brain injuries, etc. Auto accidents can ruin lives.
So here’s my two cents worth on the Toyota Recall: Do not mess around with it. Get your car fixed today!
Yes I know it’s inconvenient; car repairs always are. Who’s got the time? Who’s going to drop you off, pick you up? What about getting to work? Getting the kids from school? Getting to the gym?
I’ve got news for you: None of that matters in the face of the damage that car accidents do to people’s lives.
I know what I’m talking about. I represent people injured in Missouri vehicle accidents, including car accidents, and motorcycle accidents. As a Missouri injury accident lawyer, I cannot stress enough how important it is to get your gas pedal fixed TODAY.
And though Secretary of Transportation Ray LaHood took back his comment, I’m willing to say it loud and clear: Please don’t drive your car until you get it fixed.

Kings highway was closed this afternoon because of an auto accident at Independence and Kings highway in Cape Girardeau. The cars were pretty smashed up, but thankfully there were no fatalities.

That got me thinking about the tragedy from a couple of weeks ago when a young Cape Girardeau man who worked at the Red Cross was killed in a truck accident when the vehicle he was riding in collided with a semi tractor trailer. When a truck is part of any accident, fatalities are often involved.

On the last day of 2009, two people were killed in a 12./31 wreck in Poplar Bluffs, Mo, One of the two cars also struck a tractor trailer. The truck driver had only minor injuries, but the two drivers of the others cars were pronounced dead at the scene. These deaths brought the Missouri State Highway Patrol’s Troop E region fatality count to 73 for the year. I remember thinking then that I hope the new year will have far fewer fatalities and truck accidents than 2009 did.

Losing 28-year- old Cape G Red Cross worker Jonathon Chamberlain in a fatal accidentin the third week of the new year was a sad and discouraging start for 2010. Let’s work on keeping February – and the rest of the year – fatality free in Cape G, Poplar Bluffs, and the whole southeast Missouri area.

Cape Girardeau , MO February 3, 2010 –Aaron Sachs and Associates, a Missouri law firm, is scheduled to announce the opening of a new local office to service the Cape Girardeau area in a Superbowl ad to air on KFVS -12, the local CBS TV station. The Superbowl will take place in Miami on February 7, between The New Orleans Saints and the Indianapolis Colts. This game promises to be a high-stakes joust between the Midwest and the Old South, and a battle of the champions between quarterback phenomenon Peyton Manning and rock-star, DrewBrees.

Last year, during the Giants vs. Patriots finale, a record 151.6 million viewers watched, blowing out the previous legendary record audience of 101.6 million viewers who watched the M*A*S*H final episode, “Goodbye, Farewell and Amen,” in 1983. This year’s February 7 event promises to eclipse even that figure: analysts are forecasting a world audience of up to half-a-billion.
The Superbowl spot will air during the game on KFVS-12. Sachs will appear on the announcement, discussing his legal team, which has half a century of combined legal experience. The announcement will also offer a free DVD, “What To Do After An Accident,” to viewers who call the Cape office telephone number, which is (573) 334-7959. “I created the firm in 1991,” Sachs says, “to help accident victims throughout Missouri obtain easy access to legal representation.” Sachs’ local Cape Girardeau law office is located at 3019 William Street. Meetings with attorneys are by appointment only. The limited focus of Sachs’ law practice is on personal injury, workers’ compensation, and disability claims.
The Sachs firm has always had a strong public service program. This tradition will continue at the local Cape Girardeau office. “Our goal is to help prevent accidents and injuries,” Sachs states, “and we look forward to offering our safety helmet program and teen driver safety awareness campaign locally to Cape residents.” Aaron Sachs and staff, as part of their community-service programs across Missouri, fit children’s safety helmets and sponsor safe driving programs at local high schools to ensure safety for local children and teens. Over the last 10 years, the firm has handed out over 18,000 safety helmets to children statewide.
Aaron Sachs and Associates’ personal injury law firm’s services and community-service outreach programs are covered in detail on their website: http://www.autoinjury.com/areas-of-practice/cape-girardeau-office
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We’ve had a winter storm in Cape Girardeau this week – and snow and ice can often mean injury accidents in and around Cape G.
Automatic brakes are actually very helpful when driving on snow and ice . . . but only if you know how to use them, which many people do not.
If your car has ABS (an Automatic Braking System) and you’re not used to them, they can do more harm than good. If you do learn how to use them properly, they actually give you the ability to steer through a skid which can prevent an accident, injury or death.
The trick with ABS is to PRACTICE using them so that the weird sounds and sensations don’t cause you to take your foot off the brake. Especially for those of us who were taught to pump our brakes to slow down or stop during winter driving, practice is essential, because pumping is exactly what NOT to do with automatic brakes. Instead, you want to keep pushing down and steer through the braking.
An article in Shopping Sense this month reports that government statistics indicate that vehicles with ABS have more one-car accidents than non-ABS vehicles, but it contends that most of those are caused by incorrect knowledge of and usage of the brakes.
The article goes on to tell the sad story of a seasoned police lieutenant with extensive driver training who lost his life going around a curve because of his lack of experience with his vehicles ABS.
If you’re not used to them, the instinctive reaction to the “kick back” of an automatic braking system is to pull your foot off the brake, when what you need to do is the opposite. ABS stopping distances are also longer than with regular brakes, so it’s important to get used to that, too.
If you’re driving a car or truck or SUV that has an ABS system, please help prevent some Cape Giradeau accidents this winter by learning how to properly use your automatic braking system.
And please feel to share this post with anyone you know who might have ABS. Let’s all work together to keep Missouri roads and highways as safe as possible this winter.

A 14-year old Reed Middle School student died in a bicycle accident on Tuesday night at Clifton and High Streets in Springfield, MO when he collided with a pickup truck.

The accident report indicates that the young man was not wearing a helmet and had no light on his bike.

By all accounts an exceptional kid with a beautiful singing voice and great kindness, he had just hopped on his bike to run out to get some soda for the family, and now he is gone. It is a terrible tragedy.

The bicycle accident / truck accident is still being investigated but it appears at this point as if the bicycle did not stop before entering the intersection. Still, one can’t help but wonder if young Zhamar had been wearing a bicycle helmet and had had a light on his bike, would his family, his school, his neighborhood and the Springfield community be mourning his loss? Would the truck driver maybe have seen him if he’d had a light? Even if hit, could he have survived the accident if he’d been wearing a helmet?

It’s impossible to know the answers to those questions, but it can serve as a wake-up call to all Missouri citizens. Please have your kids wear helmets and light their bikes at night! Please!

Bicycle safety is a central concern of our firm, as is providing bicycle helmets for kids in Missouri. Follow this link to learn more about our bicycle safety community service programs. Let’s all work together to prevent bicycle accident tragedies and Missouri accident deaths in the future.