Missouri insurance policy holders expect that benefits will be paid when they suffer an injury, property damage or any other covered loss. Legitimate health insurance, homeowners insurance, life insurance and commercial insurance claims should be honored and never bogged down by a wrongful claim denial.
The long struggle of a Joplin man who suffered terrible injuries when the May 2011 tornado destroyed the group home where he worked has taken several positive turns. Mark Lindquist was helping a co-worker protect three residents of the home when 200 mile per hour winds destroyed the house. He was thrown almost a block away, suffering multiple wounds and fractures and losing most of his teeth, and remained in a coma for several weeks.
Lindquist's injuries were so bad that he was not identified until three days after the Category 5 twister, which killed 162 people (including the three men he was trying to protect) and destroyed more than 7,000 Joplin homes. His employment as a social worker did not come with health benefits and did not pay enough for him to afford a health insurance policy. Lindquist's medical bills quickly exceeded $2.5 million and will continue indefinitely due to long-term medical challenges.
Seeking Missouri Workers' Comp Benefits for a Workplace Injury
Lindquist filed a workers' compensation claim, and the Accident Fund Insurance Company of America denied him benefits on the basis that he had faced no greater risk than the general public during the catastrophic storm. According to the Missouri Division of Workers' Compensation, only eight of the 132 workers' comp claims filed in the aftermath of the Joplin tornado were denied.
The denial of benefits for medical expenses and lost income seems like a heartless decision, but the insurance company neglected to anticipate one other factor: public opinion. After the Joplin Globe reported on Lindquist's heroics and the claim denial and an AP reporter brought national attention to the story, the insurance company immediately reversed course.
One important detail revealed by Lindquist's employer was that he had recently participated in a tornado drill at work and that he was following the company's emergency procedures during the tornado. Even if the insurance company found a shred of legal language to deny its obligations, its later actions show clearly that Lindquist's selfless bravery in sacrificing his own safety to protect three vulnerable adults should never have been ignored.
Protecting Workers Who Suffer Serious Injuries on the Job
Sometimes workers' compensation may not fully cover the expenses of employees who are severely injured on the job. When worker's comp benefits fall short of meeting the long-term needs of an individual with ongoing medical needs, it often makes sense to look at the other parties responsible for the work injury. Columbia workplace accidents lawyers are an excellent resource for injured workers who need to explore their full range of legal options.
By assessing all circumstances behind the injury, a St. Louis work injury lawyer can identify potentially liable parties who can be held responsible in a workplace accident lawsuit. While a worker's compensation claim is generally an employee's only recourse against an employer, parties such as independent contractors, property owners and equipment manufacturers may be held accountable for harm caused by their negligent actions or defective products.
Holding Insurance Companies to Their Obligations
The tremendous, widespread damage caused by the catastrophic Joplin tornado placed great burdens on many Missouri homeowners, business owners and other citizens. When insurance companies push back against legitimate claims or forestall payment, the policy holder may need to consider an insurance bad faith claim to hold the insurer to the full extent of coverage dictated by policy provisions.
A Columbia bad faith insurance attorney can assess the fine print in light of the latest insurance law developments to help clients protect their rights and interests. Experienced and dedicated legal representation may be necessary to resolve the complex legal and technical issues that underlie insurance disputes.
A lawyer who understands all aspects of personal injury and property damage claims can be a vital ally to an individual or family after a tragic and devastating loss. Whether the claim involves catastrophic injuries, a wrongful death or a property loss that threatens future financial security, an attorney's ability to stand toe-to-toe with insurance company lawyers in negotiations or at trial can make a significant difference in the legal outcome.
