Since worker’s comp is designed to be a no-fault process, why would you need a lawyer?
Handling a Missouri worker’s compensation case on your own frequently turns out to be difficult. Missouri regulations and statutes are complicated, and the average person has no knowledge of them. In addition, the insurance companies who are paying out the money for your worker’s comp have trained adjustors working for them, and their objectives might be at cross purposes to your own.
Because you want to ensure that you receive what you are entitled to, and because in many cases that income is vital to be able to continue paying your bills - hiring a Missouri Worker’s Compensation attorney might be the most prudent way to proceed. Trying to handle the case yourself might save you money up front, but wind up more costly in the long run if your claim is denied and you don’t receive the compensation you are due.
If you run into any of these situations, hiring an attorney can be the best way to protect your rights:
• Your employer is denying you were injured on the job.
• Your employer retaliates against your claim by disciplinary action, or even firing.
• The insurance carrier has denied benefits.
• You cannot get the medical treatment you need.
• The worker’s comp claim is accepted, but you do not get the correct amount.
• The insurance adjustor promises benefits or care but never comes through with what was promised
• You are contacted by any attorney – either of your employer or the insurance company – and they want to take a deposition.
If you believe your employer is in violation of the worker’s compensation laws, you can file a complaint with the Missouri Department of Labor and Industrial Relations.
( http://www.dolir.mo.gov/wc/fraud/reporting_fraud_nonc.htm.)
A consultation about your worker’s comp case is always free… so why not seek a qualified legal opinion about your case, and how best to proceed? Having an experienced lawyer handling your case is one of the best ways to ensure you are treated fairly and receive appropriate compensation for your injury or illness.

Missouri Worker’s Compensation law is very specific in regard to what is a compensable injury. It is up to the employee to show that work was the “prevailing factor” in causing the injury or accident. Under current law there are injuries that are not compensable, as well as other injuries in which the compensation is reduced from 25-50% because of specific factors.

For instance, if the injury occurs because the employee was under the influence of alcohol or non-prescription (illegal) drugs, all compensation might be forfeited. An employer can request a drug or alcohol test at the time the injury occurs, if they suspect such influence to be a factor. If the employee refuses the test, all worker’s comp benefits are then forfeited.

If an employee is injured because of his/her own failure to use safety devices, or follow safety regulations provided by the employer, both compensation and death benefits can be reduced 25-50%. In a case like this, it must be shown that the employer had made these rules or safety devices clearly known to the employee.

For more information on the current regulations, you can always visit the Missouri Department of Labor and Industrial Relations at http://www.dolir.mo.gov/wc/faq.htm.

Clearly, each Missouri Worker’s Comp case is specific, and many different factors can influence the amount of compensation that is received, if any. To find out, at no charge, if you have a case, please use our convenient “Do I Have a Case” form, or call us directly.
We offer a Free Legal Consultation and have offices in Cape Girardeau, MO, Springfield MO, Joplin, MO and Columbia/Jefferson City MO.

If your Social Security Disability claim is denied, don’t panic – and don’t give up! You only have a short window of opportunity to file an appeal – 60 days from the date your original application is denied – so don’t delay. Although an appeal can be a difficult process, it is highly preferable to giving up on the claim entirely.

Here are the steps to take if you receive a denial letter:

1. Contact the Social Security office where your claim was originally filed and request an appeal. DO NOT WAIT to start the appeal.
2. At this point it is wise to consult with an experienced disability attorney. The consultation is free. Generally, if you hire an attorney, there is no cost up front; you will only have to pay a percentage of the amount the attorney gets for you if your case is successful. An experienced attorney can make a huge difference both to your piece of mind as well as to your chances of success on further appeals.
3. When you receive appeal forms from Social Security – complete them immediately and make copies. Of course, if you have decided to hire legal help, you will be following your lawyer’s instructions.
4. Mail in your appeal.
5. Wait several days to ensure the arrival of your appeal paperwork – then phone the office to make sure it has arrived. If it has not arrived, wait several more days and phone again. If it still has not been received, at that point mail it in again, and keep checking until you find out for sure your appeal is in their hands.

For more information about what you need for your appeal, click on
http://www.ssa.gov/online/ssa-3441.pdf

The brain is a complex and vital organ that shapes who we are. It allows us to understand questions and solve intricate problems, it produces our emotions while crafting our personality, and it helps us to live on both a biological and spiritual level. If it should experience damage than the essence of who we are could be lost forever. This is why traumatic brain injuries can cause grave damage to the life of its victim.

According to Center for Disease Control and Prevention, a traumatic brain injury (also known as TBI) is an affliction that 1.4 million Americans sustain each year, 50,000 of which don’t survive. While TBI’s have differing levels of severity (ranging from mild to severe), they are usually acquired from a simple injury to the head and/or neck. Falls are the leading cause accounting for 28% of TBI’s, while motor vehicle accidents account for 20%. However, motor vehicle accidents have a higher frequency when it comes to TBI hospitalizations, which studies have shown effect over 280,000 people each year. The causes of the injury are wide in variety and can occur from open or closed head injuries to deceleration injuries (also known as a diffuse axonal injuries), but its complexities delve much deeper.

A traumatic brain injury can have life-altering effects on a victim’s emotional and physical well-being, but can also do severe damage to the physical nature of the brain. The injury may require years, if not decades, of special care and rehabilitation from care facilities like CareMeridian, Las Vegas Nursing Home. The impairments from a brain injury can affect speech, vision, coordination, the short term and long term memory, and may even result in mood swings and behavioral changes in personality. Considering that every brain injury is different, rehabilitation depends on the individual case and injury; yet, prevention is possible.

For an injury as debilitating as TBI, prevention is essential. Luckily, prevention is not difficult. When driving, the best way to avert a TBI is by wearing a seatbelt and not being under the influence of alcohol. In fact, according to the Brain Injury Association of America more than 50% of people with a brain injury were intoxicated at the time of their injury. It’s also smart to always wear a helmet when riding a bike, thus reducing the risk of a head injury by almost 90%. If the right precautions are taken, the severity of TBI’s can be reduced if not prevented.

There is a lot that is still unknown about the inner workings of the human brain. However, one thing known for certain is the life changing affects that a TBI can have on its victims as a result of irreversible damage to its function.

Springfield, MO March 22, 2010 — Every year, more than 1,300 people die from traumatic brain injury and 12,000 people are hospitalized or treated for brain injuries according to the Missouri Department of Health and Senior Services. These injuries often result from negligence, inattention, or other circumstances that are completely avoidable or preventable. The Brain Injury Association of Missouri fights this growing problem by promoting public awareness, prevention and knowledge through its Points of Light Club, one of its fund-raising arms, which enables groups in fourteen Missouri cities to provide ongoing support to brain injury victims and their family members. The law firm of Aaron Sachs & Associates will be the Host Sponsor for a Seminar the Association will hold March 27, next Saturday, in Springfield. The Southwest Regional Survivor and Family Seminar will take place at the Catherine McAuley Conference Center, a facility of St. John’s Mercy Medical Center, and is open to individuals, their families and caregivers, who cope with traumatic brain injury on a daily basis. The program will feature topics such as physiological manifestation of brain injury, (vision and motor problems); the effect of concussions; the brain-injury potential of substance abuse; and legal issues surrounding guardianship and conservatorship for those persons in charge of the well-being of brain injury sufferers and other special-needs patients. Aaron Sachs, whose law firm has offices in Springfield, Columbia, Joplin and Cape Girardeau, has been a Points of Light contributor for many years to help deal with the effects of traumatic brain injury. He sees this problem in his daily law practice so his firm sponsors a variety of public-service events during the year, such as helmet giveaways for young cyclists and driving-safety seminars for teens. “We need to make the public aware that life can change in a second, not just for the injured person, but everyone in that person’s family and circle of friends,” Sachs says. “Most of our awareness efforts are about prevention because faster than anyone can imagine, life can go from a joyous experience to mere existence. This is often preventable since it results from acts such as driving impaired, driving drowsy, even driving while distracted. The victim doesn’t have to die for his or her life to be effectively taken away.” “Unfortunately, the need is growing for the practical and tangible help we provide to an increasing number of victims and their caregivers, friends and family-members in our State. This is why we so strongly support the BIA-MO in their effort to help over 3,000 people on a continuing basis.” Aaron Sachs and Associates’ personal injury law firm has offices in Springfield, Joplin, Columbia and, now, Cape Girardeau. Their services and community-service outreach programs are covered in much greater detail on their website: http://www.autoinjury.com/areas-of-practice/springfield-office. ####

March is Brain Injury Awareness Month The consequences of traumatic brain injury (TBI) can range from mild to completely debilitating. Up to 3.17 million Americans are in need of long term or lifetime help just to perform the normal activities of daily life, according to an estimate by the Centers for Disease Control and Prevention (CDC).

These are the leading causes of TBI:
•Falls (28 percent)
• Motor vehicle-traffic crashes (20 percent)
• Struck by/against events (19 percent)
• Assaults (11 percent)
The symptoms of are widely varied, and can include inability to begin or follow through with tasks, difficulty in filtering out background noise, irritability, and a lack of awareness of their own mental limitations, as well as a wide variety of other things. Sometimes a person’s personality is radically altered.

Because of these symptoms, it isn’t always easy for the afflicted person to navigate the complexities of the Social Security Disability system. Help by friends, family, or a professional such as an experienced disability attorney is frequently necessary to start the process, complete the paperwork, and meet any filing deadlines, such as the 60 day deadline to file an appeal if the initial application is denied. If you or a loved one has suffered a brain injury and you are feeling hopeless about the situation, click here
http://www.caremeridian.com/our-patients/success-stories to read some inspiring stories of how other people have overcome huge odds, to heal and reclaim their lives. For more information on how an experienced attorney can assist you or a family member with a brain injury, please use our convenient Click to Call feature, or simply call our toll free number at 1-888-777-AUTO (2886). There is never a charge for an initial consultation, no pressure and no obligation.

Although whether you drink, and how much you drink, is a personal choice – driving while impaired is both a public safety and a legal issue. Missouri law enforcement officers will be cracking down on “driving under the influence” with increased enforcement during St. Patrick’s Day festivities both on Saturday, March 13, and the actual holiday on Wednesday, March 17th.

Click here for a listing of different parades and events throughout the state:
http://www.st-patricks-day.com/st_patricks_day_parades_united_states_missouri.html

We sincerely hope that no one is involved in an accident during this wonderful holiday.

However, if you or someone you know has been injured, disabled or killed in a Missouri drunk driving accident, please contact our office online , use our convenient Click to Call feature, or simply call our toll free number at 1-888-777-AUTO (2886). There is no charge for an initial consultation, no pressure and no obligation.

In the hopes that even one of these accidents can be prevented this year, even one life saved; we offer the following tips for having a safe holiday:

1. Pick a designated driver before you get to the parade, party or pub.

2. Use public transportation if available.

3. Arrange for a taxi beforehand, to drop you off and pick you up.

4. Set responsible limits for alcohol consumption – have members of your party hold you accountable.

5. If someone in your party has had too much to drink – you are truly doing them a huge favor by taking their keys and not allowing them to drive.

However, if you or someone you know has been injured, disabled or killed in a Missouri drunk driving accident, please contact our office online , use our convenient Click to Call feature, or simply call our toll free number at 1-888-777-AUTO (2886). There is no charge for an initial consultation, no pressure and no obligation.

Much has been already written about the unfortunate connection between St. Patrick’s Day, and accidents involving drunk driving. Why say it again?

The statistics from the National Highway Traffic Safety Administration are grim – they report 851 deaths in the past five years from motor vehicle accidents during the St. Patrick’s Day holiday – almost half of these accidents involve either a drunk driver or motorcycle rider with a blood alcohol level of .08 or higher.

However, if you or someone you know has been injured, disabled or killed in a Missouri drunk driving accident, please contact our office online , use our convenient Click to Call feature, or simply call our toll free number at 1-888-777-AUTO (2886). There is no charge for an initial consultation, no pressure and no obligation.

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.