St. Louis Injury Lawyer Blog

KSDK news reports that early yesterday morning a Pine Lawn Police Officer was injured when a car driven by an Arnold, Missouri man struck his police cruiser. It happened at a DWI stop near westbound I-70 and Jennings Station Road in St. Louis County, Missouri. As a St. Louis personal injury attorney, I see many drunk driving related automobile accidents. Accidents with drunk drivers cause an alarming number of injuries on Missouri roadways.

According to the news article, the officer was standing outside of his car in Pine Lawn attending to another traffic stop. Apparently the officer had stopped another vehicle for speeding. Thereafter, the automobile being driven by the Arnold man crashed into the officer's police cruiser. The officer tried to jump onto the car he had stopped to avoid being hit. He subsequently wound up with multiple injuries.

In this case, the officer may have a personal injury claim against the drunk driver. Depending on the facts, the officer may also have negligent entrustment claims or dramshop liability claims.

The injured police officer may also have a claim under the Missouri workers' compensation laws. Because it appears that the officer was in the course and scope of his employment, he may be entitled to benefits including the payment of medical bills and payment for temporary and permanent disability benefits. For more on Missouri workers' compensation law click here.

Pine Lawn Officer Struck by Car at DWI Stop, KSDK, July 24, 2011

KMOV news in St. Louis reports that a Missouri Department of Transportation worker was injured in an accident involving a tractor-trailer in St. Charles County, Missouri on Interstate 70 near the Zumbehl Road exit. Apparently the tractor-trailer crashed into a Missouri Department of Transportation truck that was being used to work on Highway 70. The injured worker was in the MoDot truck at the time.

When a worker is injured in the course of their employment through the negligence of another automobile driver, the injured worker may have both a workers' compensation claim against his or her employer as well as a liability claim against the driver causing the injury. A Missouri workers' compensation lawyer might file a Claim on behalf of the injured worker. Generally, Missouri workers' compensation law provides benefits to Missouri workers in the form of payment of medical costs, payment of temporary disability benefits and payment of any permanent disability benefits. For more information on Missouri workers' compensation benefits, click here.

A Missouri personal injury lawyer, in this case a truck accident lawyer, might also pursue a claim against the tractor-trailer driver as well as the company the driver was working for at the time of the accident. This might be a liability based claim arising out of the negligent actions of the tractor-trailer driver. The KMOV article does not go into details about the facts of the semi-truck accident, but the driver's conduct would be relevant in determining whether any punitive damage factors were present.

While both Missouri workers' compensation claims and third-party liability claims may be pursued, the workers' compensation insurance carrier may be entitled to some reimbursement from proceeds of the third-party claim for benefits paid to the injured worker. It is usually helpful, if not necessary, to have a Missouri personal injury attorney advise as to the relationship between the workers' compensation claim and third-party truck accident case.

MoDot Worker Injured in Crash on I-70, KMOV, April 1, 2011

Continue reading "Worker Injured in Tractor-Trailer Accident in St. Charles County" »

The Wall Street Journal reported last week that death from work place accidents is at an all time low. The largest cause of work related deaths, however, remains automobile and truck accidents.

When someone is injured or killed in a car wreck in Missouri through the negligent actions of another vehicle driver, the accident may give rise to several types of injury claims. A Missouri injury lawyer may make a negligence claim against the other driver or other entity whose negligence contributed to the accident causing the injury or wrongful death. This is referred to at times as a third-party claim. However, if the injured or deceased party was driving or occupying the car involved in the crash during the course of his or her employment, then the injured party may also have a claim for benefits under the workers' compensation laws of Missouri.

Missouri workers' compensation law provides three basic benefits to employees injured in car crashes while on the job. First, the injured employee will get their medical costs paid. This will usually be paid by the employer's workers' compensation insurance carrier. Next, the injured employee will get weekly benefits called temporary total disability (TTD) or temporary partial disability (TPD) benefits for the period he or she is off of work, after a waiting period, or on light duty. Third, the injured employee may be entitled to benefits for any permanent disability arising out of the injury from the car or truck accident. The Missouri Department of Labor website provides more specific information on these benefits.

If benefits are paid under workers' comp, then the workers' compensation insurance carrier will have a lien or subrogation interest in the negligence claim against the driver or other liable parties who caused the car or truck accident. Missouri law provides for a certain formula for calculating how much money the comp insurance carrier gets from the funds of the third-party case.

As a Missouri workers' compensation lawyer, I have represented many workers who have been injured in car accidents. Frequently, I will file a claim for both workers' compensation benefits and a third-party claim against the responsible driver. The third-party case will usually wait until the workers' comp case is resolved and the full amount of the lien is known. At times, the lien can be negotiated beyond what the statute provides for reimbursement purposes. It is usually not in the employee's best interest to resolve the third-party claim first because the law provides for an offset of benefits. This is usually less beneficial for the client than dealing with the lien at a later time.

Workplace Fatalities Decline to Historic Low, The Wall Street Journal, August 20, 2010