McPherson Workers' Compensation Lawyer

Being injured at work can leave you with high medical bills and being unable to work.
CLICK FOR YOUR FREE CONSULTATION

Every day you go to work, the last thing on your mind is suffering an injury. You might be thinking of something minor, like a paper cut, but we are discussing injuries that can sideline you for days, weeks, or permanently. Many other consequences come from suffering an injury. Without the ability to work, you are losing out on income. This can mean being unable to pay your bills while facing medical expenses. Not paying bills can lead to eviction, car loss, hunger, and more. All of this starts with you suffering a workplace injury. Do not fret. Our McPherson workers’ compensation lawyer at Pyle Law will guide you.

What is Workers’ Compensation?

The logistics of this program is often confusing. Employers purchase insurance coverage to cover your medical costs if you suffer a workplace injury. The injury must occur during the scope of employment, and you are eligible for these benefits from the first day you work. It is no-fault insurance, so you do not need to prove negligence to get benefits.

Who Pays for Workers’ Comp?

Employers pay into the worker’s comp plan, and they cannot charge employees for it. Even if the employer does not have workers’ comp insurance, they may still be liable for paying your benefits. Employers will have three options to pay your claim out, including:

  • Workers’ comp insurance: This is the easiest option for everyone. It is managed by someone else. The employer pays the premium, and insurance carriers pay out claims. It’s no fuss.
  • Self-insurance: If an employer does not purchase workers’ comp insurance, they can show the Division of Workers’ Compensation that they have financial means to pay out claims. This can complicate your recovery. While the DWC manages these programs, employers may try to fight back regarding your payment.
  • Group-fund pool: This is another form of self-insurance that employers can establish. However, the Kansas Insurance Department manages the program and has requirements for employers to use this option.

In some instances, a third party could be responsible for your workplace injury. This might lead to a workers’ comp denial. This can happen when there is a faulty part on a machine or work truck. It can result in the manufacturer or a maintenance company being a liable third party. The best way to determine who is responsible and what legal options you have is to consult a worker’s compensation lawyer in McPherson.

State Workers’ Compensation Program

Kansas requires employers to purchase workers’ compensation insurance. The program enables them to pay your medical bills and get disability benefits and reimbursement for lost wages. Sadly, many employers do not get the necessary benefit coverage they need, which can leave injured employees in a tough spot. Failure to maintain workers’ comp insurance can lead to a class A misdemeanor and fines of $25,000 or more. Other times, you can encounter roadblocks while you are requesting these benefits. Pyle Law knows how the process works and can help you navigate it.

Suing Your Employer for Workers’ Comp Denial

Sometimes, the employer’s insurance company will deny your workers’ comp claim. The agreement between employers and employees is that when you get workers’ comp benefits, you give up your right to sue the employer for the same injury. If they deny your claim, this agreement is void. That means you can sue them for damages. While this option is available, a specific process exists to pursue your claim. It can be complex, but you can rely on your McPherson workers’ comp lawyer for help.

What Your Mcpehrson Workers’ Comp Lawyer Looks For

When evaluating your case, there are many factors Pyle Law will consider. We want to get you the best possible outcome. Our team will look at items such as:

  • Settlement negotiations
  • Medical records
  • Getting evaluations from witnesses or medical records
  • Looking for signs of workplace misconduct
  • Finding alternative legal actions

The goal of looking at these factors is to devise a plan that garners fair compensation. These points are also important when you are denied workers’ compensation. We will exhaust all options to get you the award you deserve.

Qualifying for Workers’ Compensation

The premise of workers’ compensation is for injured employees to have their losses covered when they suffer an injury throughout the course of their employment. However, the injuries must occur in one of the following ways:

  • The injury happened at the job site
  • An offsite injury occurs, but you were performing work-related duties
  • Repetitive strain injuries from the same motion over the course of your employment
  • Illnesses from exposure to toxic chemicals at work

You do not need to prove employer negligence to get benefits. That makes the recovery process more manageable. The law will still cover your injuries even if you make a mistake. Some exceptions exist to this rule, such as drinking or fighting in the workplace.

Potential Workers’ Comp Benefits

Workers’ comp awards offer coverage for many of your losses. However, they are not as expansive as a personal injury case. If you need additional damages that workers’ comp does not provide, you might have the option to sue your employer. This can happen in specific circumstances. Otherwise, worker’s compensation provides benefits such as:

  • Lost wages
  • Medical bills
  • Temporary total disability benefits
  • Temporary partial disability benefits
  • Permanent total disability
  • Permanent partial disability
  • Wrongful death benefits

You would not be eligible for noneconomic losses like pain and suffering. You can pursue these damages by proving third-party negligence in a personal injury claim. Speak to a McPherson worker’s compensation lawyer for assistance with your options.

Disability Benefits in Workers’ Comp

Unfortunately, workplace injuries can result in permanent disabilities. Kansas recognizes this and has options available for you. Employees may obtain 66 2⁄3 percent of their average weekly pay under disability. They can be eligible for up to 75% in some cases. The benefits are paid until the worker can return to the job. Benefits can stop in other situations as well. There are different categories of disability, including:

  • Temporary total
  • Temporary partial
  • Permanent partial scheduled
  • Permanent partial general
  • Permanent total

Compensation caps will vary by category. To better understand caps and how disability works, speak to a McPherson workers’ compensation attorney.

Request Consultation

Many of our services are on a contingency basis — if you don’t get a payout, we don’t get paid!

All fields are required*

  • I highly recommend Pyle Law Office
    • *
    • *
    • *
    • *
    • *

    “Pyle Law Is the most knowledgeable Law firm I could of been Lucky to of got for my situation. Such down to earth and friendly people. And they get you what you deserve. I highly recommend Pyle Law Office. M.R. ”

    Glenn R
  • Very helpful along the way
    • *
    • *
    • *
    • *
    • *

    “Very down to earth people! I would definitely recommend Pyle Law Office. I had never been through the kind of situation I was in prior to contacting them and they were more than understanding and very helpful along the way of my recovery! ”

    Derrick G
  • Treat you like family
    • *
    • *
    • *
    • *
    • *

    “They are very knowledgeable, treat you like family and get you the best results possible. ”

    Sean M
  • An Awesome Attorney !!!
    • *
    • *
    • *
    • *
    • *

    “Friendliest Attorney and Office staff..makes you feel at home and doesn’t rush you will answer all your questions and makes the situation your in very comfortable !! An Awesome Attorney !!! ”

    Marion C
  • Best law office ever...
    • *
    • *
    • *
    • *
    • *

    “I have never had a attorney and staff that care about there clients but also there family. I would recommend Pyle Law to anyone there the best and always put you first and never give up and work to get you what you deserve but also sorry about your injuries and getting better Best law office ever… ”

    Calvin A
  • RESULT

    $2,000,000
    Workers Compensation
  • RESULT

    Confidential
    Slip & Fall/Wrongful Death
  • RESULT

    $530,500
    Workers Compensation
  • RESULT

    $252,500
    Car Wreck
  • RESULT

    Confidential
    Medical Malpractice
View All Case Result
#

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.