Springfield Crush Injury Lawyers
The Crush of a Limb Can Change the Course of Your Life. Let Our Missouri Workers’ Compensation Lawyers Advocate for Your Right to Compensation
There are numerous different accident and injury types that a worker can suffer while on the job. For workers in certain industries, particularly those that feature large equipment and machinery, such as construction and manufacturing, the risk of a workplace accident is particularly high. One type of serious injury that may befall an employee who works around large equipment and machinery is that of a crush injury. A crush injury can be devastating, completely changing the course of the injured party's life.
What is a Crush Injury?
A crush injury refers to an injury in which a finger, arm, hand, or other limb/part of limb is caught within a piece of equipment or machinery, and is literally crushed as a result of the force involved. The Occupational Safety and Health Administration (OSHA) reports that being caught in or in-between machinery is one of the four most common workplace accident types, leading to devastating injuries and fatalities each year. Crush injuries can also happen as a result of trench cave-ins, or being compressed or crushed between rolling, shifting, or sliding objects, including large trucks and truck trailers and a dock wall.
The Impacts of a Crush Injury
The impacts of a crush injury can be devastating for an affected worker. A worker who suffers a crush injury may suffer complete loss of the affected area, and may even require the affected area/limb/extremity to be amputated. This is not only an obvious physical loss and impediment, but also an emotional and psychological one. Further, the injury can impair the worker's ability to perform new work in the future, putting additional financial strain on the employee and their family.
Your Options for Financial Recovery After a Crush Injury
If you are involved in an on-the-job accident in Missouri, you maintain the right to file a workers' compensation claim for damages. (All employers with five or more employees are required to carry workers' compensation insurance, and employers within the construction industry with one or more employees are required to carry workers' compensation.) Workers' compensation insurance can be used to pay for your medical expenses, as well as a portion of your lost wages, after such a devastating workplace injury type. In addition to workers' compensation insurance, you may also be able to file a third-party liability claim depending upon the circumstances of your case. Unlike a workers' compensation claim, a third-party liability claim seeks to hold another party liable for damages based on that party's negligence, and can be used to recover compensation for the full value of one's economic losses as well as noneconomic damages like pain and suffering.
Call The Law Firm of Webster & Carlton Today
Our Missouri workplace injury lawyers at The Law Firm of Webster & Carlton know that suffering a crush injury can be a tragic experience that raises questions about your future.
Why Do I Need a Missouri Workers’ Compensation Attorney?A workers’ compensation claim can take several months, even years, to resolve, especially if you continue to suffer from the effects of your work-related injury. Your employer and its insurance company will be represented by highly skilled attorneys who know how to exploit an injured employee. You need to level the playing field by hiring a Missouri workers’ compensation lawyer who will fight on your behalf.
What Happens If My Employer Denies Me Workers’ Compensation Benefits?In many cases, your employer or their insurance company will promptly pay any workers’ compensation benefits. But if they deny benefits–or stop paying them before you receive what you believe you are entitled to under the law–then you have the right to file a claim with the Missouri Division of Workers’ Compensation. An administrative law judge appointed by the Division will review your claim and either conduct mediation between you and your employer, or alternatively hold a formal hearing to determine your right to compensation.
What Kinds of Injuries Are Covered?
Under Missouri law, workers’ compensation only covers injuries that arise “out of and in the course of employment.” This includes accidents that occur during your work shift. It also includes “occupational diseases” contracted at work, provided workplace exposure was the “prevailing” cause.
Workers’ compensation is not necessarily limited to injuries suffered at your normal workplace. If your job requires you to travel–i.e., make deliveries or conduct on-site work with clients–you may be compensated for injuries sustained in the course of such travel. However, Missouri workers’ compensation law specifically excludes injuries sustained while commuting from home to work and back, even if you use a company-owned car.
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