Work comp has always been a compromise- injured workers get medical paid for, some of their lost wages and a lump sum for disability without proving any fault on the employer. The lump sum has typically underpaid large injuries and overpaid smaller ones according to some, but at least there was a payment for the loss.

When you have a pre existing condition and a work injury makes it even harder for you to find work, Missouri’s Second Injury Fund has traditionally tried to fill the gap. For example, if you were blind in one eye and then a work injury took your other eye, your employer is only responsible for the eye you hurt at work, while you are now totally blind and employment is much harder to find. The Second Injury fund stood in the gap to pay for the extra disability you have due to the total blindness.

This system served us well for decades- employers were not penalized for hiring those with pre existing problems, and workers were not left holding the bag for a work related injury either. But the folks in Jefferson City (the legislature) are trying to tinker with the system. After leaving it vastly underfunded in 2005, they are now trying to kill the system completely. Read about the attack in more detail here.

Call your legislator. Remind him or her that it is unfair to create business profits by destroying human rights, and that you will remember his or her vote when it is your turn at the ballot box.

When it comes to tractor-trailer safety, the size of the load and the distribution of the cargo are important factors. An 18-wheeler that is overloaded can be difficult to stop or control. Cargo that is not distributed evenly or secured well can shift suddenly and cause the truck driver to lose control of the vehicle.

For motorists in Missouri who share the roads and highways with fully-loaded trucks – especially during the winter when snow and ice are concerns — the weight and distribution of cargo can make the difference between an uneventful day and a disastrous one.

If you or someone you love has been injured or a loved one has been killed in a trucking accident, contact the Missouri personal injury lawyers at The S.E. Farris Law Firm. Call 314-A-LAWYER (314-252-9937) today for a free consultation.

Truck Driver Safety Precautions

There are several safety precautions that truck drivers and trucking companies should take before ever setting out on a delivery. If a trucking company or driver fails to follow these recommendations and an accident occurs, it could mean they are responsible for the injuries or damages caused in the crash.

The driver and company should:

• Know the truck weight rating and axle weight rating.
• Ensure suspension and coupling ratings are appropriate for the load.
• When loading cargo of varying weight, place the heavier items on the bottom and lighter items on top.
• Make sure that the heavier items are evenly distributed rather than setting on one side of the trailer.
• Check tire ratings and suspensions to make sure they are appropriate for the load and the driving conditions.
• Check bracings and tie-downs before the trip begins and then check them periodically afterwards to ensure they remain intact.
• Drive at slower speeds when hauling certain cargo like liquids that can shift and cause the driver to lose control.

Contact a St. Louis Truck Accident Attorney

If you or someone you love has been hurt in a truck accident, contact the St. Louis personal injury lawyers at The S.E. Farris Law Firm as soon as possible. The time to pursue a claim against a negligent trucking company or driver is limited. Evidence that may help establish liability could be lost or destroyed as a result of a delay. Therefore, it is important to contact an experienced Missouri trucking accident attorney as soon as possible so that an investigation into the circumstances surrounding the accident can be conducted and that your rights are protected.

Call 314-A-LAWYER (314-252-9937) today for a free consultation.

At The S.E. Farris Law Firm, our practice is focused on the needs of injury victims. We guarantee our clients that our dedication is more than just a motto. At the end of your case we measure our success not by the amount of money we have recovered for you but by whether you would give our name to others as good lawyers to have on their side.

When negligence causes a death, it is hard for the family to cope. The economic losses that go with a wrongful death can be just as devastating. Know your rights under Missouri’s Wrongful Death act.

Insurance company commercials make it look like the claims process is easy and painless. Something bad happens, you call your agent, they magically appear and write you a check immediately. Too bad that life doesn’t imitate art.

I increasingly hear from clients that, “the insurance company has accepted liability.” Injury victims wonder why they even need a lawyer if that is true. Accepting liability is meaningless by itself.

There are two parts to any negligence claim: liability and damages. Accepting liability only means that the insurance company admits their insured was in the wrong. Damages means that the wrong caused you some harm. The insurance company can admit fault while still disputing the nature and extent of your injuries-no harm/no foul, in other words.

In fact, admitting fault often lulls injury victims into a false sense of security. Folks think that since the insurance company admitted fault, they are going to pay for the damages fairly. They don’t hire a lawyer to protect them, and they give the insurance company everything. This allows the insurance company to delay payment.

Why would an insurance company delay payment? Studies have shown that a certain percentage of claimants will never finish their case due to death, other injury or lack of interest. Delaying payment of the claim helps the insurance company save millions of dollars. A recent study on The Huffington Post,    found that insurance companies intentionally delay claims and shortchange victims to maximize profits.

After you been injured, it is tough to ever  recover all of your losses.  Why should insurance companies profit while you lose?

All-terrain vehicles offer Missouri hunters an easy way of getting to and from the hunting site. But it also means that increased ATV use could lead to a rise in accidents.

The ATV’s design, powerful motor and heavy body mean that rollovers are a risk – especially on sharp or sudden turns.  And some ATVs have been the subject of product recalls due to a dangerous or defective design, making them even more hazardous for riders.

If you or someone you love has been injured or a loved one has been killed in an ATV accident, contact the Missouri personal injury lawyers at The S.E. Farris Law Firm. Call 314-A-LAWYER (314-252-9937) today for a free consultation.

All-Terrain Vehicle Safety

For ATV riders and passengers, the U.S. Consumer Product Safety Commission offers a number of safety tips.

• Take a formal training course. Drivers who have had formal training have a lower injury risk.
• Wear a helmet. Wearing protective gear can help reduce the risk or severity of an injury. Protective gear includes a helmet as well as over-the-ankle boots, gloves, long pants, long-sleeved shirts and gloves.
• No passengers. Unless the ATV is specifically designed to accommodate passengers, carrying extra people can make it difficult for the driver to maintain control of the all-terrain vehicle.
• Don’t ride on paved roads. All-terrain vehicles are designed for rugged terrain. Driving them on paved roads can make them harder to control. Paved roads also increase the likelihood of colliding with cars and trucks.
• Don’t allow kids to ride or drive on adult ATVs. One third of all ATV-related accidents involving death or requiring a trip to the hospital involve children. Children under 16 on adult ATVs are twice as likely to be hurt as those riding youth all-terrain vehicles.
• Don’t drive under the influence. Alcohol or drug use can impair driving performance and lead to accidents.

Contact a St. Louis ATV Accident Attorney

If you or someone you love has been hurt on in an ATV accident, contact the St. Louis personal injury lawyers at The S.E. Farris Law Firm. Call 314-A-LAWYER (314-252-9937) today for a free consultation.

At The S.E. Farris Law Firm, our practice is focused on the needs of injury victims. We guarantee our clients that our dedication is more than just a motto. At the end of your case we measure our success not by the amount of money we have recovered for you but by whether you would give our name to others as good lawyers to have on their side.

Annually, during the two months surrounding the holiday season, more than 14,000 people are treated in hospital emergency rooms due to injuries related to holiday decorating. In addition, Christmas trees are involved in hundreds of fires annually resulting in an average of 15 deaths and $13 million in property damage. Candle-related fires lead the list of hazards averaging more than 12,000 a year, resulting in 150 deaths and $393 million in property damage.

“Holiday decorating-related fires and injuries most often involve defective holiday lights, unattended candles and dried-out Christmas trees,” said CPSC Chairman Inez Tenenbaum. “We are providing this list of 10 simple safety steps to help keep your holiday home safe.”

Use the following ten safety tips when decorating this year:

Trees and Decorations

• When purchasing an artificial tree, look for the label “Fire Resistant.” Although this label does not mean the tree won’t catch fire, it does indicate the tree is more resistant to catching fire.
• When purchasing a live tree, check for freshness. A fresh tree is green, needles are hard to pull from branches and do not break when bent between your fingers. The bottom of a fresh tree is sticky with resin, and when tapped on the ground, the tree should not lose many needles.
• When setting up a tree at home, place it away from heat sources such as fireplaces, vents, and radiators. Because heated rooms dry out live trees rapidly, monitor water levels and keep the reservoir stand filled with water. Place the tree out of the way of traffic, and do not block doorways
• In homes with small children, take special care to avoid sharp, weighted or breakable decorations, keep trimmings with small removable parts out of the reach of children who could swallow or inhale small pieces, and avoid trimmings that resemble candy or food that may tempt a child to eat them.

Lights

• Indoors or outside, only use lights that have been tested for safety by a nationally-recognized testing laboratory, such as UL or ETL/ITSNA.
• Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Throw out damaged sets. Electric lights should never be placed on a metallic tree.
• If using an extension cord, make sure it is rated for the intended use and not frayed or broken.
• When using lights outdoors, check labels to be sure the lights have been certified for outdoor use and only plug them into a ground-fault circuit interrupter (GFCI) protected receptacle or a portable GFCI.

Candles

• Keep burning candles within sight. Extinguish all candles before you go to bed, leave the room or leave the house.
• Keep lighted candles away from items that can catch fire and burn easily, such as trees, decorations, curtains and furniture.

It would be ungrateful to forget those who sacrificed to make our court system, and all of our constitutional rights real. I mean the men and women of the US Armed forces, and their families. For decades, these soldiers have given their time, their health and often their lives to protect the freedoms and “rights” we enjoy. Whatever you may think of the current war, no one can debate the fact that great Americans put their lives on the line every day to honor their commitments and serve their nation.

I wish our government was honoring its commitments to these warriors and their families, but sadly, we are falling short. Soldiers are left without medical care when they return home. Mental health is being neglected or ignored, resulting in record numbers of suicides by soldiers. In the greatest country on earth, our treatment of our soldiers is nothing less than shameful.

Organizations like Veterans for America, are stepping up to fill the void, helping soldiers get the benefits they deserve and the help they need. Still, soldiers are fulfilling their promises, and their country should do the same!

This Veteran’s Day, remember that freedom isn’t free. That others sacrifice greatly to make our America possible. We owe many thanks to our current soldiers and veterans.

 I write a syndicated column for the Levison Group, called under analysis ™. The topic came up this week that lawyers are just marketers, and it rankled me. Here is what newspapers around the country got from me for my monthly column. 

Look, Up in the Sky, It’s a Pterodactyl. It’s a Biplane. It’s Middle-Aged Legal Guy.

It’s unusually quiet in the Levison Towers this weekend, and I haven’t turned on the radio. It’s no secret that I’m a big fan of Prairie Home Companion. I was sad to learn that sound effects guy Tom Keith passed away. When my boys were younger, they would ride with me to the office on weekend days and listen to Prairie Home in the car. The sound effects were their favorite part of the stories and skits.  Keith’s passing made me think about how old my boys have gotten, which reminded me that I too am getting older. Middle-Aged Legal Guy sat at my desk this weekend.

Middle-aged Legal Guy is my alter ego. He’s the voice I channel anytime a sentence begins, “I remember back when…” He’s the grumpy old man who sits in my seat and complains about the tactics of opposing counsel. He’s the fuddy-duddy who doesn’t think his mentors are as fuddy-duddy-ish as I used to. 

I had a conversation with a lawyer on Facebook who teaches other lawyers how to create webpages and content for their websites. I’ve tried to make my website prominent ever since Mr. Gore invented those internets. But my friend said something this week that started a discussion which put Middle-Aged Legal Guy’s teeth on edge.

“Lawyers are just marketers who sell legal services.” That line brought out the cape and tights in a hurry.

Middle-Aged Legal Guy was more than a little miffed. “Lawyers who believe that are writing the obituary for our profession. We should be something more than plumbers or car salesman chasing business,” he said.

“I would like to hire a professional plumber if I had a water leak. Do you think lawyers are better than plumbers?”

I could almost feel the veins in Middle-Aged Legal Guy’s neck starting to bulge. “Don’t be silly. Lawyers are members of a profession. Plumbers are members of a trade. I wasn’t claiming elite superiority for lawyers, only that a profession is different from a business.”

My friend signed off while shaking his head that I just didn’t “get it.” Middle-Aged Legal Guy removed his cape and walked away, thinking the same thing. I sat in my chair, stunned at what had just happened.

For clarification, one of my good friends is a plumber. The notion that I (sorry, Middle-Aged Legal Guy) is an elitist is just nonsense. But there are differences between a trade and a profession. The fact that a lawyer didn’t understand this highlights the profession’s problem.

At one time, there were considered to be three professions: medicine, law, and clergy. Practitioners of all three went through an extended course of specialized education and often followed that with an internship or some other system of learning from an experienced professional.  They were bound by codes of ethics, worked full-time in the profession and held a license.

Early lawyers wore wigs and black cloaks, doctors sported white cloaks and clergymen (since there were no clergy women back then) wore the uniforms of their orders. Lawyers have long given up cloaks, of course. We now wear suits and ties. Like businesspeople. Perhaps this is part of my friend’s confusion.

There is a push to deregulate lawyers and allow nonlawyers  to provide legal services. Arguments on both sides of the issue ignore the fact that regulation is a necessity for a profession. Lawyers hold positions of trust in the judicial system. Judges trust lawyers to speak truthfully and perform ethically. Lawyers who betray that trust stand to forfeit their license. The desire to honor the profession and the fear of losing one’s license double the guarantee of honesty in advocacy. Would someone who was never taught to honor the profession and who has never earned a license (so they could not lose one) be concerned with anything other than profit?

As a young lawyer I was gifted to work for a great trial lawyer. I remember many conversations about what a lawyer should do in the community and in the courtroom. On more than one occasion, I remember the remark, “how could he do that? He’s a lawyer.” To be sure, there were discussions about how to run a law practice. The focus was usually on how to take care of clients, however. We rarely discussed the practice as a business.

Early in law school, a professor told my class that if we were going to law school to get rich, we were fools. He was right. Just ask the computer whiz nerds and ShamWow ™ salesmen. Most lawyers make a decent living, to be sure. But there are certainly easier ways to make more money without law school.

You only have to watch late-night TV for a few minutes to realize that Middle-
Aged Law Guy is in the minority. Lawyers hawk their services in between car sales ads and wonder drug spots. I’m sure this is more evidence that I’m getting older. But that’s okay. I don’t mind wearing the Middle-Aged Law Guy cape. It helps keep me warm in this drafty old building.

©2011  under analysis llc. under analysis is a nationally syndicated column of the Levison Group. SpencerFarris is the founding partner of The S.E. Farris Law Firm in St Louis, Missouri.  R.I.P Tom Keith. Comments or criticisms about this column may be sent directly to the Levison Group via email at comments@levisongroup.com.

The American Association for Justice has released a new study of big businesses who sue, but don’t want to be held responsible when they cause harm.

The U.S. Chamber of Commerce wants to make our country more business friendly, but at the expense of human and individual rights. At some point, America will belong to her citizens and not her corporate masters. Until then, hope that their negligence doesn’t harm you and your family- your access to the courts is not as sacred as theirs, after all.