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St. Louis Legal Blog

Workers' compensation claim might follow crush injuries

Construction workers in Missouri face an endless list of safety hazards that threaten their lives every day. Employers are responsible for the safety of employees, and they must comply with the safety regulations prescribed by the Occupational Safety and Health Administration. However, the number of workers' compensation claims that is filed by construction workers every year indicates that many construction company owners disregard that responsibility.

One such a claim will likely follow a construction site accident that occurred in Sedalia on a recent Wednesday. An incident report indicates that emergency calls were received by both the Sedalia Fire Department and the Pettis County Ambulance District shortly before 9:50 a.m. about an injured construction worker. According to reports by these two agencies, a worker became trapped under a piece of construction equipment that fell over and landed on top of him.

Personal injury suits could follow Missouri duck boat accident

A devastating boat accident that killed 17 people and injured 14 others is the subject of a recently filed lawsuit. The suit was filed by members of a Missouri family that lost nine people in the deadly accident and seeks compensation on behalf of their loved one's estates. It is likely that additional wrongful death or personal injury claims will soon follow. 

Despite predicted severe thunderstorms, the owners of a duck boat chose to move forward with a scheduled tour. The suit claims that the company knew of the inclement weather but chose to try and beat the storm instead of refunding their customers' money. The boat was still on the water when the storm hit. However, the family blames more than just company greed for the deadly and avoidable accident. 

Criminal defense strategies in Missouri

If you have been accused of a crime in the state of Missouri, it is likely that you are worried about defending yourself adequately and explaining your story of events so that the prosecution will understand your actions. While defending yourself against a crime you are accused of can be very challenging or relatively easy depending on the specific circumstances, acting early can help you to build a strong defense.

The defense strategy that you choose will be highly dependent on the type of crime that you have been accused of committing and what your stance is on the particular situation. In general, there are three main ways that you can approach the situation when it comes to explaining yourself.

Workers' compensation applies to all work-related accidents

A Missouri woman who was rescued from an explosion in a fireworks plant on the evening of July 3 has reportedly died a week later in a Springfield hospital. The 28-year-old employee of AM Pyrotechnics was at work preparing for July 4th fireworks shows when there was an explosion that destroyed the building. Ten fire departments with about 84 firefighters responded to the explosion. They were able to rescue the woman, but she had severe fourth-degree burns over 60 percent of her body, according to family reports on the decedent's Facebook page. Because she was at work, her family will receive all workers' compensation benefits payable.

When a worker is injured while performing the duties of employment, workers' compensation benefits are payable in the form of all medical expenses and statutory lost wages benefits, regardless of who was at fault. The injured worker will receive lost wages payments up until the date that the treating physician releases the person back to work. Where the employee dies from the work-related accident, all medical expenses, funeral and burial bills are paid, along with lost wages benefits, to immediate surviving family members.

Personal injury lawsuit zeros in on proof of negligence

In Missouri, a school district can be liable for damages for negligence that causes injuries to a student or other individual. School district employees are protected by a form of qualified immunity from personal liability for their negligence in causing the student's personal injury. If the district employee acts with recklessness, malice or gross negligence, the protection of qualified immunity may be lost.

These negligence rules are relevant to a lawsuit that is going forward against the Springfield Public Schools regarding severe and permanent injuries suffered by a student at a back-to-school event at Kickapoo High School in Aug. 2010. The event involved a slide-on-water event as part of the festivities, but students dug up an area beyond that area and created a large swamp of mud. The plaintiff was a 17-year-old student and cheerleader who attended the event. Other students pushed her into the mud pool and others jumped on top of her in a free-for-all pile-on. She screamed and screamed for help as she could not breathe but to no avail.

Worker hurt by chemical spill can claim workers' compensation

Many work injuries in Missouri and other states are caused by toxic chemical spills and explosions. Some companies where injuries occur are manufacturers of the dangerous chemicals themselves. In other instances, the injuries occur at a company that uses the chemicals for specialized tasks around the worksite. Whenever a worker is injured by contact with dangerous chemicals that worker has a right to receive workers' compensation benefits.

A recent chemical spill that injured a male worker occurred on June 20. The worker was participating in a chemical transfer from a railroad tank car to a truck at a county port authority. A fire department spokesperson said that the estimated spill consisted of about 300 to 400 gallons of sodium hydroxide, also known as caustic soda, which is the main ingredient in most drain cleaners. A company spokesperson said that the estimate seemed high.

Top 10 reasons for distracted driving

The average car in the United States weighs around 4,000 pounds. These vehicles travel at potentially lethal speeds, with many drivers even exceeding the country's highest speed limits.

Many people take driving a car very casually. They grow bored and become accustomed to the daily commute. They get distracted. They break traffic laws.

Missouri teen dies in personal injury boating accident

With warmer weather arriving and the school year ending, boaters are heading to the many lakes and rivers in Missouri. On a beautiful Sunday afternoon, spending time on the river can be both exciting and relaxing. However, just as one must take precautions to avoid a personal injury accident on the road, so there are risks involved while boating. One family is mourning the loss of a promising teen following a tragic and preventable boat accident.

A 35-year-old man and his 16-year-old daughter were taking a boat ride with two friends. The pilot of the boat, a 32-year-old man, was powering the vessel upstream on the Black River when an aluminum boat racing downstream veered into his path. The aluminum boat crashed head-on into the other vessel. Both passengers in the aluminum boat and all four people in the other vessel were ejected into the water.

Women will benefit from financial planning in a family law case

In Missouri, both during negotiations and after the divorce, it is critical to engage in preparation and financial planning for the future. In the family law process, this is perhaps a more common concern for women than men. Women often run into problematic financial concerns during and after the divorce due to the inevitable hardship that comes from splitting up the parties' income and not sharing anymore as a family unit.

A wife may find it more necessary to seek extra income to survive. Where there are minor children, a mother's historical role as parent may be more demanding than that of the father.  Further, the impact of the divorce, in a financial sense, can be harsher on the wife than on her counterpart. A study at the University of Missouri College of Health and Environmental Sciences concluded that women tend to struggle financially more than men.

Financial information helpful for family law matters

One of the more challenging aspects of divorce is the period after the breakup in which a person must start over again with a new set of finances. Of course, the feeling of independence after a marriage has ended is one of the positive features of ending a marriage. One can increase the likelihood of enjoying the independence if he or she carefully plans for the financial reset. For these matters of property division and spousal support, individuals in Missouri look to family law

Taxes can be a big concern for those in the immediate aftermath of divorce. If the couple files jointly, they are also jointly liable for any tax debt, even if one spouse earns most or all of the income. A person may apply for a special tax waiver if he or she feels that he or she is not responsible for this debt, however. 

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Affordable Legal Services of Thomas Sandifer
225 S. Meramec Ave. Suite 925
Clayton, MO 63105

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