I represented a union plumber in 2005 who sustained an on the job injury to his low back that required surgery. We reached an excellent settlement of his worker’s compensation claim and my client recovered successfully from the surgery and continued in his career as a plumber.
He returned to see me in 2017 after sustaining a knee injury that also involved a related condition known as deep vein thrombosis. My client was now 61 years old, and after his knee surgery, he found it difficult to get back to work.
We went to trial before an Administrative Law Judge against the Employer/Insurer and the Missouri Second Injury Fund and alleged that my client could not return to any work based on his age, education and work experience, and was therefore permanently and totally disabled and entitled to lifetime benefits. Both opposing sides argued that my client could do other lighter work, and therefore, would only be entitled to a one-time payment of permanent partial disability benefits, not lifetime benefits. They also argued that if the employee was found to be permanently and totally disabled, it would be the responsibility of the other party. If my client was found to be permanently and totally disabled from the last injury (the knee injury and deep vein thrombosis), then the Employer would be responsible for lifetime benefits. If the total disability was found to be the result of the last injury in combination with the prior back injury, the Second Injury Fund would owe for lifetime benefits after the Employer paid for any disability related to the last injury.
The Administrative Law Judge found that my client was permanently and totally disabled and entitled to lifetime benefits and found the Employer/Insurer, not the Second Injury Fund, to be responsible for those benefits. The Employer/Insurer filed an appeal with the Industrial Commission of Missouri, which upheld the decision of the Administrative Law Judge.
Following the Commission’s decision, the Employer/Insurer agreed to pay a lump sum of $595,000.00 to my client in lieu of the future payments based on life expectancy tables, and in addition, also agreed to provide future medical treatment as needed for the injuries he sustained in the work-related injury as awarded by the Administrative Law Judge.
If you or a loved one has been injured on the job, please call Attorney Thomas Gregory at 314-241-4477.
Statistics reflecting incidents of abuse involving elderly residents in nursing homes and care facilities in Missouri and throughout the United States are both staggering and disheartening. More than 2 million cases of elder abuse are reported annually, and almost one out of every ten elderly individuals will experience some form of elder abuse. Additionally, the overwhelming majority of elder abuse incidents remain unreported.
When nursing homes assume their responsibility of caring for an elderly individual, a trust relationship is created by the facility and the elderly person and his or her family members. When that trust relationship is broken, the elderly individual and his or her family members may have a right to file a lawsuit against the nursing facility to recover damages for injuries. Nursing home care facilities owe both the elderly individual and their family members a duty of care, and if said duty is breached by way of negligence or perhaps criminal intent, ensuing damages can be sought against the nursing home facility.
We have successfully handled nursing home cases throughout the state of Missouri. If you or a family member has been injured or died as the result of nursing home neglect, please call me at 314-241-4477. David G. Hughes, Attorney at Law.
When looking for and hiring a Personal Injury or Worker’s Compensation Attorney in the St. Louis area, I recommend that rather than simply selecting a lawyer on a TV advertisement, billboard, or the side of a bus, that you research the law firm, lawyer assigned to your case, and the law firm’s results. Mogab & Hughes Attorneys have been handling Personal Injury and Worker’s Compensation cases in St. Louis and throughout the state of Missouri since 1963. We handle cases in the following areas: Truck Accidents, Car Accidents, Construction Site Accidents, Uninsured and Underinsured Motorist Coverage, Defective Products, Dangerous Drugs, Worker’s Compensation on the Job Injuries, Mesothelioma-Asbestos Claims, Social Security Disability, Veterans Disability, Hospital/Physician/Nursing Home Malpractice Cases, HIPAA Medical Records Violation Cases, and Falls and Premises Injuries. View our Notable Cases.
Since 1963, our law firm has collected over $350 million on behalf of our clients. We have successfully represented over 15,000 injured clients throughout Missouri and other states winning Multiple Million Dollar verdicts and settlements.
Mogab & Hughes Attorneys promise you that we will always treat you fairly, honestly, and with respect. Our experienced attorneys will personally speak with you and keep you advised concerning the process of your case. If you have suffered an injury due to the fault of another, or if you have suffered an injury at work, please contact the lawyers at Mogab & Hughes at 314-241-4477.