Kansas City Metropolitan Area Workers' Compensation Law Blog

What is whiplash?

On behalf of The Law Office of Michael J. Joshi posted in personal injury on Sunday, March 17, 2019.

Depending on the severity, car accidents can have a range of devastating effects. Even seemingly minor crashes can result in serious medical issues, including whiplash. The Mayo Clinic offers the following information on whiplash and how it can affect your health and wellness.

Whiplash frequently occurs due to rear-end accidents. When the head goes forward and backward rapidly, the neck sustains damage, and this damage causes a range of symptoms and effects. Along with pain and stiffness, a person will also experience loss of motion, numbness in the arms, headaches, dizziness, and increased tiredness. Pain may also become worse with movement, which can lead to downtime until the injury heals.

Are you comfortable with sharing your workspace with a robot?

On behalf of The Law Office of Michael J. Joshi on Thursday, March 7, 2019.

Robotic equipment has formed part of industrial facilities in Missouri for many years. However, while they used to be massive machines in cages to prevent workers' contact and resulting injuries, advanced technology has led to human employees working alongside robots. Are you ready to share your workspace with a robot?

Although artificial intelligent workers do not get sick, they do not develop repetitive stress injuries, and they do not need vacations, they could malfunction and cause injuries to you or your co-workers. For this reason, safety authorities are continuously working on standards to protect human workers, and it is the responsibility of employers to comply with those safety regulations.

The health effects of exposure to toxic chemicals

On behalf of The Law Office of Michael J. Joshi posted in workers' compensation on Wednesday, March 6, 2019.

Workers in Kansas City may often come across toxic chemicals without knowing. There are many situations where this can happen. For instance, an employer may have failed to inform its employees about toxins in the substances they handle. Another possibility is that the worker may have entered a work area without proper gear to protect them from toxins other employees were handling.

What exactly is a toxic substance? The New York State Department of Health defines it as any substance that may cause adverse health effects or that may be poisonous. The DOH cautions that though many workers keep an eye out for the obvious poisons, they may forget to factor in potential toxins in cleaning supplies, gasoline, pesticides and fuel.

What is comparative negligence?

On behalf of The Law Office of Michael J. Joshi posted in personal injury on Sunday, March 3, 2019.

You never anticipate suffering a severe injury in Kansas City, which is likely why such accidents are often so debilitating. Not only do you have to deal with the direct physical effects of the injury, but you also are forced to pay with the expenses that come with it. Then there is the potential for an additional financial loss if your injury forces you to take time off work to recuperate (or worse, keeps you from returning to work at all). All of these factors can lead to you facing inordinate expenses. This is typically what prompts people to file personal injury lawsuits.

Yet exactly how are damages allocated in such lawsuits? The answer depends on what negligence principle your state applies. One such principle is that of contributory negligence. This legal philosophy assumes that the parties involved in an incident contribute to its outcome. For example, say you are injured in a car accident. If the driver that hit you was speeding, such an action may be said to have contributed to the accident. Yet if you were also not wearing your seat belt, you may also be viewed as having contributed to the injuries you suffered. In states that follow the contributory negligence philosophy, you may be barred from collecting damages in the aforementioned scenario.

How can you limit occupational back injury risks?

On behalf of The Law Office of Michael J. Joshi on Thursday, February 21, 2019.

For workers in warehouses and fulfillment centers in Kansas, back injuries are likely par for the course. If you earn your income in this industry, you might be wise to learn as much as possible about the prevention of back injuries. The Occupational Safety and Health Administration requires employers to protect the health and safety of employees, and to do this, they must address any known safety hazards.

Unfortunately, many long-term back injuries develop over time, and proving it work-related could be challenging. It is not uncommon for employers to question claims for workers' compensation benefits if there is not a particular incident that caused the injury.

What documentation do I need for SSDI?

On behalf of The Law Office of Michael J. Joshi posted in social security disability on Tuesday, February 19, 2019.

When you can no longer work due a health issue, you may apply for Social Security Disability in Kansas City. SSDI can provide you with income when you cannot work, but it requires meeting very strict guidelines and requirements. To make sure the application process goes smoothly, you should take time to double check that you have provided all the required documentation.

The Social Security Administration says that including the required documentation can make the application process for SSDI move along quicker. It also can reduce the chances of a denial simply due to application issues and not on your actual merit to receive the benefits.

Workers' compensation claims and appeals

On behalf of The Law Office of Michael J. Joshi posted in workers' compensation on Sunday, February 10, 2019.

If you have been injured in an on-the-job accident or if you have developed an illness due to a work-related situation, you may need to seek workers' compensation benefits in Missouri. These benefits can provide assistance with medical treatments as well as compensate you for some of the time you may miss from work due to your injury or condition. Understanding how to file a workers' compensation claim is important in these situations.

As explained by the Missouri Department of Labor and Industrial Relations, all claims for workers' compensation benefits must be filed within the stipulated time period. The amount of time you have to file a claim can be two or three years from the date of your injury. The three-year time period is in effect if your employer failed to file a Report of Injury. If such a report was filed, you have two years to make your claim.

What are the psychological effects of a spine injury?

On behalf of The Law Office of Michael J. Joshi posted in personal injury on Sunday, February 10, 2019.

If you recently experienced a serious spine injury in Kansas City, chances are you’re still adjusting. Even a seemingly minor disability can have an impact on the rest of your life, which is why many people have trouble coping with these sorts of injuries. UPMC.com explains the emotional impact of spinal cord injuries so you can begin making sense of the process.

The period immediately following the accident or injury is usually hardest on patients. It’s at this point where many of the negative emotions will arise, which can get in the way of healing and therapy. For instance, many people with spinal injuries are concerned with losing their independence. These concerns may even be real depending on the severity of the accident. It’s also common to experience doubts about the quality of life going forward, which can lead to a state of depression.

Learning about the hazards of meatpacking can prevent injuries

On behalf of The Law Office of Michael J. Joshi on Thursday, February 7, 2019.

If you work in a meatpacking plant in Kansas, you might not realize that it is an industry known as hazardous for more than a century. Despite advancements in technology and improved safety regulations, you and your co-workers continue to face multiple health and safety risks. Thousands of workplace injuries occur among meatpackers every year, many of them have life-altering consequences, and some are even fatal.

Although federal and state safety authorities prescribe strict regulations and expect employers to protect the health and safety of employees, conditions remain hazardous. Reports of workplace injuries in the food processing industry nationwide continue to appear in the media. If you could become more aware of the typical hazards that threaten your safety, you might be better equipped to take precautions.

Who can file a wrongful death lawsuit in Missouri?

On behalf of The Law Office of Michael J. Joshi posted in personal injury on Sunday, February 3, 2019.

Losing a loved one in Kansas City is never easy, particularly when their loss is unexpected. Yours and your family's grief may be compounded even further if it is discovered that their death was due to the negligent action of another. In such a case, you may feel justified in seeking a wrongful death lawsuit to help share the burden of the financial losses your family member's or friend's death has forced you to deal with. The question then becomes whether you are authorized to initiate such action.

Many states limit the opportunity to file a wrongful death lawsuit to a decedent's personal representative. The reason for this is that the action is being brought on their behalf, and any award that results from the action will be given to their estate. The state of Missouri takes a somewhat different stance, however, in that it offers the potential to bring a wrongful death action to multiple parties.

Kansas City Workers' Compensation Law Blog