Legal Question in Personal Injury in Missouri

personal injury

I was at my employers home feeding his cows and a 1000 pound round hay bale fell on top of me and broke my back are they liable for my hospital bills time of work and current doctors visits for my back?


Asked on 1/18/09, 7:11 am

3 Answers from Attorneys

Robert Curran Curran Law Firm

Re: personal injury

It can be complicated, but the short answer is: Yes. Whether or not workers' compensation benefits are available (as opposed to a regular lawsuit claims for damages, as you would file in, for instance a car crash) depends on factors you didn't state. If WC applies and he had WC insurance, they�re supposed to pay these things immediately, and usually (but not always) do. If WC doesn�t apply, his insurance company (if he has one) typically doesn�t pay these bills as they come in, but only pays them to you as part of a total settlement. Do you always work at his house, or was this an unusual situation? There's an exception in the Workers Compensation Act for farms, saying that the WC laws don't apply to farm workers, but that probably works in your FAVOR in this case, rather than hurting you. (I�m assuming that it wasn�t your fault the bale fell on you, but you didn�t say exactly what happened.)

Spinal injuries can be very serious, and you shouldn�t settle any claim until you�re finished treating and your doctor says you�re at maximum medical improvement. Even then, you probably shouldn�t try to settle it on your own, since there may be WC, medical and other types of liens, as well as strategy considerations (such as: should you file a claim against a co-worker who was responsible as well� � their homeowners insurance may apply, since WC does not). I'm in Springfield, so call me if you want to talk about it. My office will be open on Monday, January 19, despite the holiday. Also see my website at www.CurranLawFirm.com.

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Answered on 1/18/09, 6:24 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: personal injury

You need to speak to an attorney who handles workers compensation. New rules and changes in the law make this question unsuitable for a quick or easy answer. Most attorneys who practice in this area do so without charging for the first visit.

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Answered on 1/19/09, 9:38 am
Spencer Farris The S.E. Farris Law Firm

Re: personal injury

Hard to answer the question with the information you have provided. If you were feeding the cows as an employee, then Workers' compensation should pay for your bills, time off work and a lump sum for disability. If you were doing the work, but not as an employee, then he is liable, typically via insurance, for any negligence that caused your injury, and all damages, including pain and suffering, from the event.

I would be happy to discuss this with you in more detail, via phone or email.

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Answered on 1/19/09, 3:46 pm


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