Kansas City Transportation Worker Lawyers

Which Kansas City transportation workers do you represent?

Kansas City Accident Injury Attorneys represents transport workers across all industries. Not only do we represent injured truckers, but we also represent folks who drive cabs and taxis, injured Uber and Lyft drivers, and injured bus drivers. If you work in an airport (transporting people or baggage), operate a train, or work in the home office of a transportation company or business, we can help.

Who is responsible for my transportation accident in Kansas City?

There are generally two types of claims that anyone who is injured while working can file. The first is a workers’ compensation claim. The second is a personal injury claim. There are several key differences between the two types of claims:

• Workers’ compensation claims. These claims are filed against your employer. Generally, all employers are required to have workers’ compensation insurance or to meet the Missouri or Kansas self-insurance requirements. In a workers’ compensation case, the claimant does not need to prove fault. If an accident occurs during the scope of the worker’s employment, even if the worker was negligent, then the worker can file a claim.

The claimant must be an employee. Only employees can claim workers’ compensation benefits in Missouri and Kansas. Independent contractors have the right to file personal injury claims. Whether a transportation worker is considered an employee or contractor depends on many different factors – the major factor is whether the employer controls the terms of the employment arrangement.

The damages in workers’ compensation claims include all the medical bills you need to maximize your health, and all the medical bills you need to then keep your health stable. Injured transportation workers are entitled to temporary disability benefits until they reach maximum medical improvement (MMI). Once they reach MMI, workers may be entitled to permanent disability benefits depending on the type and severity of their injuries.

• Personal injury claims. Personal injury claims are filed against all responsible defendants. The accident victim must prove that another defendant was negligent. Many different defendants may be liable for your transportation injuries including:
  • The driver of the vehicle who was negligent
  • The employer of the driver
  • Shipping companies, truck brokers, and other trucking companies
  • Manufacturers of defective transportation vehicles and equipment

Workers who are independent contractors and any non-workers who are injured in a Kansas City transportation accident can file a personal injury claim.

The damages in personal injury claims include all the victim’s medical bills (current and future) and all his/her lost income (current and future). Unlike worker’s compensation claims, transportation injury victims can also demand payment for their physical and emotional sufferings. Spouses can claim loss of consortium (loss of marital enjoyment) damages.

Our Kansas City transportation accident lawyers will explain when victims can claim scarring and disfigurement damages. Generally, all victims can claim scarring and disfigurement in a personal injury claim. Some limitations may apply in workers’ compensation cases.

At Kansas City Accident Injury Attorneys, we also file product liability claims if a defective vehicle, vehicle part, equipment, or machinery caused a transportation accident. We also file wrongful death claims for the families of non-employees and seek workers’ compensation benefits for the families of employees.

What is the “scope of employment?”

A common question in transportation accident claims in Kansas City is whether a worker was acting in his/her scope of employment. An employee who was working within the scope of employment can seek worker’s compensation benefits – without the need to prove the employer was at fault, or even that the victim was not negligent. If an employee was not working within the scope of employment, the employee must file a personal injury claim which does require a showing that the employer or another party was negligent.

The scope of employment rule essentially requires that the worker be on the clock (could bill for his/her time) and was working for the benefit of the employer. If an accident happens at the workplace site during working hours, then the employee was likely working within the scope of his/her employment. The issue becomes more complicated when accidents happen away from the office or workplace – or happen at irregular hours.

Generally, truck drivers who are employees are considered as working within the scope of their employment while they are making deliveries for a trucking company – no matter where the accident happens, and what time of day the accident happens. Construction workers who are injured while using bulldozers, cranes, or just taking debris away from the construction site are also considered as working within the scope of their employment.

A salesperson who is injured while traveling to see a customer is also considered as working within the scope of employment.

Workers who are injured while commuting to or from work are generally NOT working in the scope of their employment and cannot file for workers’ compensation. There are some exceptions.