Phone: 314-315-8111

Legal Frequently Asked Questions (FAQs): Get Your Injury, Accident, And Insurance Questions Answered By Attorneys Who Know The Law

You are not alone: rest assured that hundreds of others in Missouri and Illinois have also struggled with your injury, accident, disability, or insurance claim. In fact, most of those people have had the same questions that you are asking now. Read the FAQs below to find the answers to your most pressing legal questions – and if you don't see your question below, call us today and talk to a St. Louis attorney face to face at a free, confidential meeting.
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  • Can I file a Missouri product liability claim against the manufacturer for my injuries caused by their defective product?

    When you purchase a consumer product, you expect it to function in a reasonable and safe manner. Unfortunately, a manufacturing defect during the item's production can cause unsafe conditions during operation. This can lead to serious injury and even death.

    If you have been injured by a product with a manufacturing defect, you should be eligible to file a Missouri product liability claim.
    A St. Louis product liability lawyer can review the details of your accident and determine who is at fault for your injury. If it is determined that a manufacturing defect caused your accident and injuries or the death of a loved one, you may be able to hold that manufacturer liable.

    Your Missouri product liability claim will be reviewed to determine the severity of your accident, its cause and whether a recall notice was in effect for the defective product. If it is determined that a manufacturing defect was indeed to blame, you will be able to file your Missouri product liability claim against the manufacturer.

    It is best to work with a St. Louis product liability lawyer when filing a Missouri product liability claim. Aside from the manufacturer, there are many other parties that may potentially be liable for your injuries from a defective product. Determining liability is only the first step in your case and an experienced attorney can help you through the rest to reach a settlement.

    Your family should not have to suffer through dealing with medical expenses, property damage and other losses from a defective product accident. A manufacturing defect should not cause your family any grief but when it does, you can file a Missouri product liability claim with the help of an experienced St. Louis product liability lawyer.

    Contacting a St. Louis Product Liability Lawyer

    When a defective product causes serious injury or death, the liable party needs to be held accountable for their negligence. Filing a Missouri product liability claim is no easy feat but with the help of a St. Louis product liability lawyer, you can feel confident knowing your case is in good hands, while you focus on your recovery and getting your life back on track. To get started with determining if you have a viable defective product case, contact the Missouri product liability team at Bollwerk & Tatlow, LLC - 314-315-8111.

  • Is my plan administrator or someone at my company in Missouri required to tell me if there is an issue with my retirement plan?

    The retirement plan administrator for your employee benefits is required under ERISA law to disclose certain information to you periodically, as well as furnish other documentation upon request. Failure to comply with these parts of the ERISA law can result in the need to take legal action with the help of a St. Louis ERISA lawyer.

    Your retirement plan administrator should offer periodic updates regarding the following aspects of your benefits plan:
     

    • summary of material modification;
    • summary annual report;
    • periodic pension benefit statement;
    • notification of significant reduction in future benefit accruals;
    • annual funding statement; and
    • notice of intent to terminate. 


    In addition to these reports required by ERISA law, your retirement plan administrator is also required to furnish upon request your plan documents and a statement of benefits. Failure to comply with this request within 30 days may also prompt legal action with the help of a St. Louis ERISA lawyer.

    Ideally, if your plan is well managed by your retirement plan administrator there should be no need to question the access you have to your plan information. However, if you are ever denied any of this information, that may be a warning sign that something is amiss with your plan's health. You should consult with a St. Louis ERISA lawyer immediately if this is the case to help preserve your retirement plan.

    Also keep in mind that shortcomings or problems with one aspect of how your Missouri employer handles issues governed by ERISA law may be an indication that they are not following protocol in other areas related to your employee rights. This is something to keep in mind when you believe that your retirement benefits are being mismanaged.

    Contacting a St. Louis ERISA Lawyer to Protect Your Rights

    If your ERISA-controlled disability benefits, life insurance or accidental death benefits have been unfairly denied it's important that you seek legal guidance from a St. Louis ERISA attorney who understands the intricacies of these very complex cases. The Missouri ERISA attorney team at Bollwerk & Tatlow, LLC fights for Missouri workers. Contact us today - 314-315-8111.

  • When it comes to my long term disability policy in Missouri, does it matter whether it is an individual or group policy?

    Your employer may give you the option to enroll in an employee benefits plan that offers long term disability insurance in Missouri. There are 2 options for long term disability insurance in Missouri - group policies and individual policies. Which one you are enrolled in will matter when it comes to ERISA preemption.

    Group policies for long term disability insurance in Missouri are almost always governed by ERISA laws.
    This means that Missouri laws regarding your long term disability insurance in Missouri are pre-empted by ERISA laws. This ERISA preemption does not hold true for most individual policies which are often not governed under ERISA laws and therefore subject only to Missouri laws.

    For example, if there is a Missouri law giving the insurance company the right to recover contractual damages for the bad faith breach of a contract, this law is subject to ERISA preemption. Therefore, the insurance company would have no exposure to bad faith damages and would have no incentive to pay the claim since the Missouri law was subject to ERISA preemption.

    Choosing your long term disability insurance in Missouri is not a choice to make lightly. Be certain you have reviewed your options before making a decision. When you have concerns regarding how your long term disability insurance in Missouri is being handled, particularly if you believe your plan is affected by ERISA preemption, you should contact a St. Louis ERISA lawyer. ERISA law is by far one of the most challenging aspects of employment law. Make sure that the attorney you choose understands the nuances of this field to ensure you get the legal guidance you need.

    Contacting a St. Louis ERISA Lawyer to Protect Your Rights

    If your ERISA-controlled disability benefits, life insurance or accidental death benefits have been unfairly denied it's important that you seek legal guidance from a St. Louis ERISA attorney who understands the intricacies of these very complex cases. The Missouri ERISA attorney team at Bollwerk & Tatlow, LLC fights for Missouri workers. Contact us today - 314-315-8111.

  • What is ERISA and how does it impact Missouri workers?

    Your retirement income security in Missouri is protected by the Employee Retirement Income Security Act of 1974, commonly known as ERISA. This set of laws protects the rights of employees with retirement plans, disability benefits, and life insurance benefits offered by private employers.

    ERISA helps Missouri workers protect the following aspects of their retirement income security in Missouri:
     

    • It requires the plan managers to provide periodic updates about their plan benefits and status;
    • It sets minimum standards for plan vesting, participation, benefit accrual, and plan funding;
    • It enforces the accountability of plan fiduciaries;
    • It gives plan participants the right to sue for benefits and breach of fiduciary duty; and
    • It guarantees payment of certain benefits if the plan is terminated. 


    Filing a lawsuit in regards to an ERISA violation can be difficult. There are some lawyers who specialize in this law, so you should seek a St. Louis ERISA lawyer when you are in need of legal advice regarding your retirement income security in Missouri.

    A St. Louis ERISA lawyer will know the full reach of the ERISA laws and how they may impact your claim for your retirement income security in Missouri. There are many reasons you may need a St. Louis ERISA lawyer, including denial of benefits, breaches of fiduciary duty, denial of information regarding your plan, and discrepancies in plan documentation.

    ERISA law is one of the more complex areas of employment and benefit law and most Missouri workers are not prepared to handle a claim for their retirement income security in Missouri. You owe it to yourself and your beneficiaries to hire an experienced St. Louis ERISA lawyer to fight for the benefits you have worked hard to earn.

    Contacting a St. Louis ERISA Lawyer to Protect Your Rights

    If your ERISA-controlled disability benefits, life insurance or accidental death benefits have been unfairly denied it's important that you seek legal guidance from a St. Louis ERISA attorney who understands the intricacies of these very complex cases. The Missouri ERISA attorney team at Bollwerk & Tatlow, LLC fights for Missouri workers. Contact us today - 314-315-8111.

  • What Is The ERISA Exhaustion Rule?

    Before you can file a federal ERISA lawsuit, you must first be sure to exhaust all other kinds of internal and administrative remedies to the issue. That is, the court could throw out your ERISA long-term disability or ERISA accidental death case if you do not first try to resolve your problem without litigation. Many legal experts and worker advocates believe that the ERISA exhaustion rule is unfair to the claimant, since exhausting all pre-litigation options can be extremely time-consuming and expensive. Because the details of ERISA law can prove complicated, it is always best to consult with an experienced a knowledgeable ERISA attorney if you believe you have a case.

  • Can I Receive Workers Compensation For Hearing Loss?

    According to the Centers for Disease Control, an estimated 10.2 million workers do their jobs in dangerously noisy environments. Even with federal regulations and ear protection equipment, each year thousands of employees suffer permanent hearing loss and even deafness because of the noise pollution at their work sites. Workers who suffer hearing damage that prevents them from doing their jobs or that leaves them with long-term disabilities very well may be eligible to collect workers’ compensation in Missouri or Illinois for occupational hearing loss. If you have suffered a hearing-related injury at work, talk to a St. Louis workers’ compensation attorney today about your case.

  • What Should I Do If I Am Caught Driving In An Ice Storm?

    If you are caught in an ice storm while driving, the absolute best action to take is to get off of the roads immediately – even the best and most experienced drivers have difficulty controlling vehicles in icy conditions, and the rate of car accidents skyrockets in winter weather. However, if you must be on the roads during an ice storm or when there is ice on the roads, remember to go slowly, avoid making sudden movements (such as sudden braking or steering) and give the vehicles in front of you lots of room. Avoid smaller, less-maintained roads and be even more careful when approaching particularly icy areas such as bridges, overpasses, or segments of road that are shaded by trees.

  • What Should I Do If A Product I Own Is Recalled?

    If you own a product that has been recalled by the Consumer Product Safety Commission (CPSC) or the company that sold or manufactured the item, don’t panic. First and foremost, stop using the product. Secondly, read the official recall information provided on the CPSC website to determine why the product is dangerous and why it is being recalled. Next, contact the manufacturer to ask for further instruction. In most cases, they will offer you a refund, a new product, or a repair kit. They will also let you know how to dispose of the product if needed. If you or a family member has been injured because of the recalled product, it is vital to see a doctor, document the accident, report the injury, and speak with a defective product attorney.

  • What Is The Consumer Product Safety Commission (CPSC)?

    The Consumer Product Safety Commission (CPSC) was created in 1972 in order to prevent injuries, illnesses, and conditions, caused by consumer products. The CPSC is responsible for issuing recalls on dangerous products, keeping unsafe products off of the market, issuing safety regulations, and researching product safety. In addition, the CPSC collects injury data on product-related accidents across the country. This government agency is responsible for a wide array of products in the United States, from car parts to food items to baby products to bicycles to makeup products to swimming pools. All in all, the CPSC oversees the production and sale of 15,000 different items.

  • What Is The US Occupational Safety And Health Administration (OSHA)?

    The US Occupational Safety And Health Administration (OSHA) is an agency in the Department of Labor that issues safety regulations across the United States and makes certain that companies do not violate workplace safety and health standards. Overall, the OSHA works toward preventing workplace injuries, on-the-job fatalities, and work-related illnesses and chronic conditions. Created in 1970, the OSHA exists to protect workers from dangerous conditions, such as heavy equipment, chemical exposure, and falls. Critics of the OSHA feel that the agency does not do enough to enforce safety regulations, especially in the wake of a fatal worker accident. However, over the last 30 years a number of changes have been made to the OSHA meant to improve the government agency’s ability to create and enforce safety rules.