Lawyer's Story

The first issue in any comp case is whether or not the injured person was injured in the course and scope of their employment. Usually this means that people hurt while they’re working are entitled to some form of compensation. When a client comes in the first thing I do is make sure that the injury was work related, this is not always as easy as it seems.  For instance, many people think that workers hurt while commuting to and from work are covered but they’re not. Believe it or not the single most difficult issue in many cases is whether or not the injured person was actually doing their job when hurt.

The next thing I look for is whether or not the injured party works for an employer that qualifies for workers’ comp. For instance, in Missouri an employer generally needs to employ at least 5 people to be part of the workers’ comp system. If a company has fewer than 5 employees then the laws of workers’ comp do not apply and an injured worker may be entitled to no compensation at all. Also employees of the federal government are not eligible for state workers’ comp benefits. Once I determine that state workers’ comp laws apply then I look further into the case.

The third issue in a workers’ comp case is permanency. To qualify for a full settlement the injury must leave the worker with what the law describes as permanent partial disability. It sounds horrible doesn’t it? Well it’s often not as bad as it sounds. It just means that the worker has an injury that has not totally healed and so the worker is left with a part of their body that just isn’t the same as it was before the injury. Permanent partial disability can take the form of residual stiffness, loss of range of motion or pain when doing activities that were not accompanied by pain before the injury. Permanent partial disability can range from the simple back or neck strain to catastrophic injuries that involve paralysis or even death.

The last thing I look at in evaluating a case is the average weekly wage of the employee. Average weekly wage is a crucial factor in determining just how much compensation a worker will be entitled to. As an experienced workers’ compensation attorney I know that determining the average weekly wage correctly for my client can make all the difference in whether my client walks away with a fair settlement or not.

So, these are the questions I ask, was the worker hurt on the job? Did the employer qualify to be included in the workers’ comp act? Does the worker have an injury that will have any degree of permanancy? Lastly, how much was my client’s “real” average weekly wage?

Over the years Brown and Crouppen has helped tens of thousands of people hurt on the job. Our law firm has experienced, dedicated professionals in workers’ compensation law, they are always available to answer all your questions. If you want more personal help in the area of workers’ comp just click here.

Brown & Crouppen can help you make informed decisions about your legal rights, so please call Brown & Crouppen at 1-800-536-HELP for your free legal consultation or save time with our online Contact Form.
 

My name is Stephanie R. and my story begins with my being injured on the job in November of 1997. I injured my left arm and it had a huge impact on me, both personally and professionally. I attempted physical therapy but it didn’t do any good. Ultimately I required surgery in February, 1998. After I was finally released from medical treatment, my attorney...   CONTINUE

Many people are afraid to exercise their right to be compensated when they’re injured on the job because of the fear of being fired. While the law in most states is clear that people cannot be fired because they file workers’ compensation claims it’s also true that occasionally an employer will violate the law and terminate an employee. At Brown and Crouppen we believe that retaining a lawyer in a workers’ compensation.  CONTINUE

Call Brown & Crouppen at 1-800-536-HELP for your free legal consultation or save time with our online Contact Form.

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