The last thing you want or likely expect on the job is sustaining an illness or injury that sidelines you from that job. Not only can that be physically and/or psychologically unpleasant, but it can also sideline you from earning the valuable income that you may be in desperate need of to make ends meet.
Even missing out on one full-time, minimum wage, 40-hour workweek would add up to missing out on hundreds of dollars of income. This could easily make or break you making rent, taxes, car payments, or a number of different essential expenses.
In Kansas, laws are in place to make sure you are able to pay medical bills from injuries sustained at work, recover lost wages and obtain disability benefits. Workers compensation provides coverage for all these losses, which gives you time and resources to recover from your injuries.
However, many employers and insurance companies still fail to offer the necessary benefits.
Although the Department of Labor created worker’s compensation programs to keep workers afloat while they’re incapable of earning an income, sometimes unfair roadblocks can arise that prevent workers from getting the benefits they need.
If you, or someone you know, are injured at work, knowing that your expenses and bills will be covered can bring peace of mind. Here at Pyle Law our Kansas workers’ compensation attorney have helped many injured workers claim the compensation and benefits they deserve.
In the State of Kansas, the right to no-fault workers’ compensation benefits comes in exchange for giving up the right to sue your employer for liability. However, can you take legal action if your workers’ comp claim is denied?
The short answer is yes. Nevertheless, there is a specific administrative process that you must follow to pursue a claim for benefits and appeal denials, and only the final stage of a denial might even make it into a courtroom. If you receive a denial, immediately call a worker’s compensation attorney.
Absolutely. Any dispute between one person and a large conglomerate is bound to be a long, drag-out, underdog, David & Goliath battle. When they’re going up against the big guys, the little guy is bound to be on his back foot. That’s why it helps to have ample help on your side.
The last thing you want is to wind up casted aside from receiving the help you need after getting sidelined from working. Understandably, most people don’t want to regularly think about the serious illnesses or injuries they have sustained at work, but that also means that they may not be so knowledgeable about the ins and outs of the workers’ compensation system.
That’s why it’s important to work with a lawyer who will understand those ins and outs and will understand how to argue your case as effectively as possible.
A capable workers’ comp lawyer will look out for you, first and foremost, and will try to do everything in their power to build the best possible case for you. But beyond that, they’ll take into account and look for a whole other host of things, including:
The first four bullet points will be essential in substantiating the case that you were unfairly denied worker’s compensation and will assist you in coming to a fair settlement agreement.
The last one will offer you essential contingency plans in the event that a worker’s comp suit wouldn’t award you the compensation you deserve. For instance, if you’re a commercial driver and faulty parts contributed to the accident that forced you out of work, you may be able to sue the manufacturer as a liable third party.
In any instance, an experienced worker’s compensation lawyer will be able to help you better understand your options.
In Kansas, workers compensation laws are in place to ensure that every employee who suffers an injury during the course of their work receives benefits to cover their bills and losses. In order to make a claim for compensation under these laws, the injuries sustained must have occurred under one of the following situations:
When considering an application for workers compensation in Kansas, negligence is not used as a determining factor. This means mistakes made by your employer or a failure to follow OSHA regulations will not be considered. Likewise, it doesn’t matter if you made a mistake and were injured as a result. You will still be able to apply for compensation. The law offers broad protection to those who have suffered workplace injuries, and is designed to ensure no worker is left without compensation to pay their bills and expenses, or that they are left without the means to seek treatment.
The compensation benefits for workers in Kansas provide coverage for everyday expenses and medical bills, however these benefits are not as extensive as awards made under traditional personal injury claims. It is not possible for workers to sue their employers when they are injured, instead they must file a claim under workers compensation law in order to recover their losses. These losses may include:
Compensation for other losses including pain and suffering, which is usually available under personal injury compensation, may be included if you can prove negligence on the part of a third party who could be sued for your injuries. Consulting with an attorney will help determine if these losses can be considered as part of your claim.
If you are injured at work it should be a simple matter of reporting the accident to your employer and receiving the benefits you are entitled to. Unfortunately, some employers will deny claims for compensation, even if they are legitimate. Some workers are then pressurized into returning to work before they have fully recovered. In other instances, disputes arise over the payment of medical bills or the extent of the coverage of workers compensation and disability benefits.