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Workers' compensation claims are reduced by safety measures

Safety is a concern for both employers and workers in Missouri industries and business entities. Deficiencies in safety at the workplace results in more injuries to workers and hence more workers' compensation claims for employers to contend with. There are several common injuries that occur at work. Safety measures to reduce the incidence of such injuries are also generally known but not always implemented.

One area of common injuries at work are slip-and-fall incidents. Some experts assert that about one-third of all workplace injuries are in this category. Serious injuries to the back, head and neck can occur, including brain injury and spinal cord damage. Generally, the number of these events can be reduced by having a system to identify all danger areas and have them repaired or placed with warning signs. Wet and slippery areas should be cleaned quickly and/or marked and roped off.

These co-parenting tips will give you peace of mind

When it comes to co-parenting, no one really knows what they're doing. Even if you attempt to do your best, it's possible you could make mistakes every now and again. Unfortunately, this is all part of a very difficult process.

With the right co-parenting tips guiding you, it's easier to put your mind at ease as you navigate the often murky waters of parenting after divorce. Here are six things to keep in mind:

  • Your ex-spouse has feelings, too: It's hard to remember, but your ex is going through the same rough time as you. This doesn't mean you should give in to all their requests, but you should keep an open mind. It's your hope that they will do the same.
  • Remain flexible at all times: For example, if the other parent requires a change to a visitation schedule one weekend, do your best to comply.
  • Pick your battles carefully: There will be times when you have no choice but to speak up, which will likely result in an argument. There will also be times when you're better off staying quiet and doing your best to avoid a battle.
  • Find a way to communicate efficiently: This is often a trial and error process. Maybe you find that talking on the phone and face to face is a bad idea, but that using text messages or email allows you to get your point across without arguing. Stick with whatever works best for the both of you.
  • Don't get in the way: When your children are spending time with their other parent, don't get in the way by showing up unexpectedly or constantly calling or texting. Respect their time together.
  • Follow the parenting agreement: Your parenting agreement is your guide to all things co-parenting. If you keep this in mind at all times, you're more likely to stay the course and avoid unnecessary disagreements.

Criminal defense follows certain patterns in drug arrests

Missouri police agencies made two different types of drug arrests recently, which allows for an explanation of some of the differences between the two. In the first matter, Callaway County deputies along with the city of Fulton Police authorities reportedly executed a drug search warrant to search the residence of a 32-year-old man. Police allege that during the search they found a felony amount of marijuana. They arrested the man for felony possession of a controlled substance; criminal defense attorneys usually follow a pattern of investigation in such arrests.

Generally, counsel will start by examining the search warrant and the circumstances under which was issued. Various critical questions must be answered to established the validity of a search warrant and whether it was properly based upon probable cause. Counsel will also examine how the police executed the warrant and whether they exceeded any constitutional boundaries in that respect.

Family law: hopelessness about the marriage may signal change

Experienced divorce attorneys in Missouri and elsewhere acquire a lot of knowledge about the dynamics of marital relationships. The conscientious family law attorney will tell certain clients to first seek marital counseling or other options prior to deciding on a divorce. There are certain telltale signs, verified by studies over the years, that indicate whether the relationship has any real hope for reconciliation.

Surprisingly, when a couple is angry or in a period of verbal arguments, there may still be hope through hard work of reviving long-term good feelings between a couple. That may require counseling or a myriad of other options that the couple can try. For example, they may benefit from a real vacation together without distractions, or the relationship may benefit by one of the spouses changing jobs where too much stress is coming from the workplace.

Personal injury damages apply to serving visibly drunk customer

A claim for damages for negligently causing personal injury may be brought by an injured victim in the Missouri courts. In the case of a deceased victim, the estate of the decedent may bring the personal injury in court. For example, an estate recently filed a claim on behalf of a father whose son was killed in an auto accident. The claim was filed against two bars, Spectators and The Mission, for knowingly serving alcohol to a male customer who later drove and caused an accident that killed the claimant's son. This is generally referred to as dram shop liability.

The complaint alleges that both establishments knowingly served the male customer while he was visibly intoxicated on the evening of Aug. 12, 2016. The owners of the bars answered reporters' questions by saying that the customer was the person at fault and he should take responsibility for his own actions. The dram shop laws are statutes in every state that define the parameters of liability of bar owners for the torts committed by drunk customers.

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.

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

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