Workers’ compensation is designed to provide individuals with the specific support they need to overcome losses suffered due to work-related injuries. When an accident occurs at work, it is often the responsibility of the employer to compensate for those losses. Yet, this is not always a simple process, and in many cases, the worker may struggle to recover from the financial implications.
At Pyle Law, our legal team is here to help you navigate this process. Our workers’ compensation lawyer has years of experience and the ability to help clients navigate even the most complex of situations. In many situations, having an attorney can be the difference in moving forward with your life with the financial resources you need and struggling as a result of what occurred to you.
Set up a free consultation to discuss your case with our workers’ compensation attorney now. Doing so will help to minimize the risks you face moving forward.
Kansas has laws in place to provide individuals with the right to receive compensation after they have suffered an injury at work. In every situation, the goal is to provide a simple way to receive compensation for losses. Yet, in most situations, that does not occur. The process is long and complex and often leads to numerous financial implications.
The Workers’ Compensation Program in Kansas was designed by the Department of Labor. It aims to provide workers with a way to receive compensation for their losses after an injury so they can heal and get back to work. However, the process can be filled with numerous obstacles for individuals to overcome, including challenges related to recovery and medical care.
Having a workers’ compensation attorney available to you can greatly improve your long-term outcome. We provide you with constant support, education on what your rights are, and guidance to help you learn what steps you can take to minimize the risks you face.
One of the most common complications that come from a workers’ compensation claim is the outright denial of benefits. There are many reasons why this can occur:
These are just a few of the reasons why a denial can occur. Other times, it may be a delay tactic that can make it much more challenging for you to get the compensation owed to you. Most of the time, there are numerous hoops for you to jump through just to get the help you need. Our team at Pyle Law works to support you through this process.
Typically, to file a workers’ compensation claim, you must have been hurt at work. If you suffer an accident or injury while you are working, that may mean you are qualified for the claim. For example, you may have suffered a failure of equipment that was poorly maintained. You could have become ill due to exposure to chemicals.
Keep in mind that there are limitations to when you can file for workers’ compensation. If you go to work intoxicated and then suffer an injury, the employer may be able to show that you were engaging in reckless behavior. If you were not following company policy, and that caused the incident, that could be a reason for a denial of your claim.
The following are some of the most common workers’ compensation injuries:
In many cases, if you are hurt at work for any reason, you should seek out help from a workers’ compensation attorney to help you secure compensation for your losses. Typically, you will not need to pursue legal help if your claim is minimal. If you missed work for a day due to a minor burn, went to the doctor, and filed a claim for the medical bills and losses, you may not need additional legal support.
However, for serious injuries, the risks are multiplied just as the losses are. In these cases, we encourage you to speak to our workers’ compensation attorney to learn what your rights are before you move forward.
Work-related injuries can be serious and life-changing. A piece of equipment that is not properly maintained could cause an explosion that leads to limb loss, months in recovery, and the inability to work. Other times, a simple cut can become infected due to the exposure present, leading to serious financial loss and long-term injury recovery.
Our goal is to investigate everything that happened and why it occurred. Some of the most common types of injuries from work-related accidents include:
Often, a person may have a complicated case that involves more than one type of injury. If that is the case, be sure to talk to your attorney about what you are experiencing, especially if one type of injury leads to another loss.
The type of benefits you may qualify for after a work-related injury are dependent on numerous factors, including the severity of the condition, the type of injury, and the cause. Some of the ways workers’ compensation may help you include the following:
Your primary initial need may be to cover your medical bills. If you were hurt at work, went to the doctor, and now have a bill, it is easy to see how the employer should pay for that cost. Typically, when you seek out medical care following an accident, it is a good idea to let the hospital staff know at that time that it is a work-related incident. That could help to expedite the process.
However, that is not always the case. Keep in mind, though, that under Kansas law, the employer does have some rights. That includes having the right to choose the doctor that provides treatment for your injuries. In situations of an emergency, you should get care at whatever the fastest option is. However, when there are decisions to be made about where to get care, you should obtain care from the physician associated with your employer.
If you make the decision to choose another physician, the employer’s liability is minimized significantly, only to $500 of the cost of your medical bills. That can be very limiting.
Most of the time, a person who suffers an injury that is substantial will miss time at work. That means that you may be owed compensation for that lost time. However, there are limits as to when you can receive such compensation.
For example, under Kansas law, compensation is not paid to you for the first week you miss work. However, if you are off work for three full, consecutive weeks, then the first week is also covered. Most of the time, that first week will mean no compensation is paid to you. After that time, though, the employer is then required to pay you 66.67% of your gross average weekly wage. There is a maximum state benefit that cannot be exceeded.
Workers’ compensation claims can become much more complex over time. If the condition is serious, such as leading to long-term missing work or the inability to return to work, your claim needs to be comprehensive enough to cover all of your losses. What if you cannot go back to work? What does that mean for your family contributions, your retirement goals, and your quality of life?
Working with a workers’ compensation attorney empowers you to get more of the information and guidance you need in this situation. That often means navigating the specific limitations you now have. Here are some of the ways the Pyle Law team can help you.
Typically, you should notify the employer in writing within the shortest amount of time possible (aim for within 24 hours) of the injury. You are required to let the employer know what occurred, and you will need to provide a statement based on the incident.
Your employer is legally required to file a workers’ compensation claim for you. If they do not do so after you have reported the injury, you have the legal right to pursue compensation. This makes things a bit more difficult, which is why we encourage you to allow our legal team to help you through the process.
When you have serious injuries, getting paid just for your medical bills and your lost time at work may not be enough. You may need help with job retraining, long-term medical care, or even getting compensation for your inability to go back to work. This may mean you need to seek a settlement. That process is complex, and there is a lot riding on it. For that reason, we encourage you to work with an attorney who can help you navigate this process.
As noted, there are many reasons a denial of coverage can occur. In some situations, this is due to an administrative error. Other times, you fail to make a deadline, or the employer fails to report the injury. If you receive a denial of coverage, we encourage you to work with an attorney to help you pursue financial compensation that is owed to you.
Are you facing a workers’ compensation case? Call Pyle Law now to discuss your case with our well-qualified and trusted attorneys. Here are some of the most commonly asked questions.
How much is my workers’ compensation claim work?
This is dependent on the situation and the losses you suffer. It could be worth thousands of dollars. Keep in mind that this will vary based on the wages you earn and the injuries you have sustained.
Can I lose my job if I file for workers’ compensation benefits?
If you are hurt on the job, it is your legal right to pursue compensation from workers’ compensation for those losses. It is unlawful for your employer to terminate your employment based solely on your filing of a claim. However, they can fire you for other reasons. If you believe that you lost your job as a result of filing the claim, allow our workers’ compensation attorneys to help you navigate your rights. You may have a discrimination claim to file.
Pyle Law is a trusted worker’s compensation law firm. We have helped many people to navigate this very complicated legal process with confidence. Do not just settle your claim or take a denial. Let our team take a closer look at what your rights are. Allow us to help you pursue the compensation owed to you today.
Set up a free consultation with our Kansas City workers’ compensation lawyer now by calling our office. We are here to guide you throughout this process.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.