Eligibility for Workers’ Compensation Benefits

By Pyle Law, Reviewed by E. THomas Pyle January 18 2022 9:35 am
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Eligibility for Workers’ Compensation Benefits

By Pyle Law, Reviewed by E. THomas Pyle January 18 2022 9:35 am
Eligibility for Workers’ Compensation Benefits

Workers who suffer on-the-job injuries may be entitled to recover various forms of monetary compensation and benefits through the Kansas workers’ compensation system. An experienced workers’ comp attorney will take the necessary actions to help you pursue and recover those benefits.

Workers, most especially those who are employed in the construction industries, are prone to serious injuries while they are on the job. For example, a worker becomes involved in a motor vehicle collision or sustains serious injuries due to a defective piece of machinery. Jobsite injuries can also happen to workers who are employed in an office setting. For instance, a worker could suffer a slip and fall while in the office. Workers who are exposed to various chemical substances while on the job and who suffer a long-term illness. As a result, might also be eligible for various workers’ compensation benefits.

When a worker is injured or becomes ill while on the job, he or she might be entitled to recover various types of benefits through the Kansas workers’ compensation system. A knowledgeable Kansas workers’ compensation attorney at Pyle Law could help you pursue the damages and benefits that you deserve in order to be made whole again after your accident.

What You Need to Show to be eligible for Workers’ Compensation Benefits

In order for an injured worker to be eligible for workers’ compensation benefits, there are several requirements that the worker must satisfy. First of all, the worker must have been injured (or become ill) while he or she was on the job, as opposed to traveling to or from the job (with limited exceptions). In addition, the worker must have been injured while performing a job duty or function. In other words, the worker must have been within the course of his or her employment at the time of the injury or illness.

In addition, the worker must be an employee, as opposed to an independent contractor. Independent contractors generally have more freedom than employees in setting their schedules and work times, and they receive a Form-1099 at the end of the tax year, as opposed to a traditional W-2 form. Independent contractors are not generally entitled to recover workers’ compensation benefits.  However, there are some exceptions that allow an independent contractor to recover against their statutory employer.

Types of Benefits Available to Injured Workers

There are several types of benefits that injured or ill workers may be able to recover through the workers’ compensation system. The types and amounts of these benefits depend upon the nature and extent of the injury or illness sustained. Some workers might be entitled to recover their related medical costs, a portion of their lost wages, and various permanency benefits. In order to be eligible to recover permanency benefits, a health care provider must determine that you have reached a level of maximum medical improvement and that you have a permanent impairment of function – you are expected to suffer from the condition for the remainder of your life.

workers comp benefits help to get the best compensation

Overview of Workers’ Compensation in Kansas

The last thing you want to happen when you are working to support yourself and your family is to be injured on the job and taken out of work. The good news is that when you are injured on the job, you are entitled to benefits from workers’ compensation insurance. However, these benefits can be more difficult to obtain than you might imagine.

While the insurance company is meant to cover your damages, it is important to remember that the insurance company does not work for you, and it will deny claims whenever possible. Presenting a strong case from the start with sufficient evidence of your injuries is the best way to receive the benefits you deserve. A Kansas workers’ compensation attorney can help with this process.

Continue reading to learn about workers’ comp claims in Kansas. If you need to discuss a specific situation or concern, a workers’ compensation attorney from Pyle Law is here to assist. 

How Workers’ Compensation in Kansas Works

Under Kansas workers’ compensation law, nearly every employer must carry workers’ compensation insurance in case an employee suffers a job-related illness or injury. This insurance coverage should provide benefits to cover the employee’s medical treatment, lost wages, and disability when applicable. However, there are procedures that injured workers must follow before they can receive benefits.

The process begins by reporting your injury to your employer. For you to collect benefits for your injury, it must be reported to your employer within a certain timeframe, or you risk losing the ability to file a claim. Generally, notice must be provided to your employer, either in writing or orally, within: 

  • 20 days from the date of the accident
  • 20 days from the date of your first medical treatment if the accident was not a single incident (as with repetitive stress injury)
  • Ten days from the last day worked by the employee (if the employee is no longer employed by the employer)

Once you inform your employer, they should initiate the claim process with the insurance company. 

Claim form for fill out

You might assume that when a claim is filed, benefits will follow fairly quickly. This is not always the case. Just like any insurance company, workers’ comp insurers (and possibly your employer) might try to limit or completely deny the benefits you deserve. It is beneficial to speak with a lawyer who can:

  • Demonstrate that your claim was work-related
  • Present records of your injuries and all treatment you received
  • Provide proof that you needed time off work
  • Show that you have a disability that will keep you out of work for some time
  • Appeal a claim denial or benefits that were cut off too early

Let a lawyer make this process easier for you.  

Speak to a Knowledgeable Kansas Workers’ Compensation Lawyer Today

Working with an attorney helps to even the playing field against the insurance company to protect your best interests after a work-related injury. For guidance on your rights and help with the workers’ compensation process, schedule a consultation with Pyle Law today.

The experienced legal team at Pyle Law is ready to help you pursue the workers’ compensation benefits that you need. For a free legal consultation and case evaluation with an experienced Kansas workers’ compensation attorney, please call us today at 620-374-9299 or contact us online for more information about how we can assist.

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E. THOMAS PYLE

Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.

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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.