Kansas City workers compensation lawyers

Workers’ Compensation Attorneys in Kansas City

Aggressive advocacy for employees in Kansas and Missouri who suffer workplace injuries or illnesses

Workers in Missouri and Kansas risk injuries every day. In manufacturing, agriculture, health care, utility services, truck driving, construction, and professional services, workers can suffer injuries while on the job. Getting hurt at work can force a person to take significant time off to receive medical care. Some workers can never return to work or need to be retrained for new types of jobs.

Workers who are injured during the scope of their employment have the right to seek workers’ compensation benefits if they qualify. Workers’ compensation claims do not require showing that the employer was negligent. Injured and ill workers should contact Kansas City Accident Injury Attorneys to protect their rights, obtain formal orders for payment, and obtain all the benefits they deserve. Our Kansas City workers’ compensation lawyers protect workers’ benefits. We also file third-party personal injury claims for eligible workers.

How do your Kansas City workers’ compensation lawyers help?

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Why should I hire a workers’ compensation lawyer?

Employers and their insurance carriers often work to deny your claim or limit the benefits you receive. Our experienced Kansas and Missouri workers’ compensation lawyers help workers file claims if they are injured while working. Employers or their carriers may present arguments aimed at preventing you from being able to recover for your injuries. For instance, they may argue that:

  • Your injuries didn’t occur during the scope of your employment.
  • You caused the accident. Generally, you can still file a workers' compensation claim if you were negligent, provided you didn’t intentionally cause the accident.
  • You are not in compliance with the recommendations of your doctor.
  • You can’t receive benefits until you give the employer’s insurance company a full statement.
  • You can return to work when you don’t think you can.
  • You can’t receive benefits because the employer doesn’t have an available job.

If you face these arguments, or your employers and their carrier deny your claim, delay your claim, or terminate your claim without justification, we’re here to help.

Our workers’ compensation results

  • An employee who suffered a traumatic brain injury. We helped a 43-year-old electrician who suffered a traumatic brain injury obtain the workers’ compensation benefits he deserved. Our client required care from multiple medical specialists. Ultimately, it was determined that he would never be able to return to work. We obtained a structured settlement with guaranteed lifetime payments for our client due to our client’s permanent total disability.
  • An employee who suffered a severe knee injury. Our client, a 53-year-old Korean immigrant, worked as a machine operator in a local factory. She suffered a severe knee injury, which prevented her from returning to work. We obtained the opinions of medical and vocational experts who showed that she was permanently and totally disabled from performing any substantial work activity. We tried the case and obtained a permanent disability award for the maximum benefits available under the Kansas workers’ compensation laws.

While past results can’t guarantee future outcomes, we have the experience and working relationships to help injured workers obtain the compensation they deserve.

Am I eligible to file a workers’ compensation claim?

The core requirements for filing a workers’ compensation claim in Kansas or Missouri are that:

  • You’re an employee. Generally, independent contractors cannot seek workers' compensation benefits. Contact us. You may qualify as an employee even though your employer says that you’re an independent contractor.
  • Your injuries occurred during the scope of your employment. You may be able to file a claim if you work at home or away from the main office. For example, construction workers can generally file a work injury claim if they are hurt while at a construction site managed by the employer.
  • You give your employer prompt notice of the workplace injury. Contact your employer or a supervisor as soon as possible.
  • Your injuries need to relate to the accident. Your injuries can’t be solely due to a prior condition.

To file a workers’ compensation claim due to an occupational illness, you must show that:

  • You are an employee.
  • The illness is due to work-related conditions.
  • The illness is not attributable to health factors away from the workplace.

What types of Missouri and Kansas workplace accidents are common?

According to the Occupational Health and Safety Administration, some of the common types of workplace accidents include:

  • Slips, trips, and falls
  • Falls from heights
  • Falling objects
  • Electrical accidents
  • Overexertion
  • Fires and explosions
  • Exposure to dangerous substances, such as chemicals and diseases
  • Being caught between objects, such as forklifts
  • Vehicle accidents
  • Entanglement in machines
  • Exposure to extreme temperatures
  • Structural collapses
  • Exposure to excessive noises
  • Construction accidents

What types of injuries do workplace accidents cause in Kansas City?

Workplace accidents can cause many different types of injuries, including the following:

  • Traumatic brain injuries, concussion, and other types of head trauma
  • Spinal cord damage, including paralysis
  • Loss of limb
  • Burns
  • Fractures
  • Repetitive motion injuries, such as carpal tunnel syndrome
  • Organ damage
  • Vision loss
  • Hearing loss
  • Heart failure
  • Neck, shoulder, and back pain
  • Tissue injuries, including nerve, ligament, and tendon damage
  • Muscle damage
  • Electrical injuries
  • Skin disorders
  • Infections/diseases

Some jobs have additional dangers. Police risk their lives every day. Firefighters risk severe burns and respiratory disorders.

What types of occupational illnesses do you handle in Kansas City?

Our Missouri and Kansas workers’ compensation lawyers handle the following types of occupational illnesses, among others:

  • Asbestosis, which can cause lung scarring
  • Mesothelioma, which is a rare type of cancer
  • Silicosis, which can cause inflammation of the lung and scarring due to inhaling fine silica dust
  • Coal Worker’s Pneumoconiosis (Black lung disease)
  • Noise-Induced Hearing Loss due to long-term exposure to loud noises
  • Lead Poisoning, which can cause kidney dysfunction, cognitive impairments, and other disorders
  • Repetitive stress injuries, such as carpal tunnel syndrome
  • Vibration White Finger (Raynaud’s Disease), due to extensive exposure to vibrating hand-held machinery.
  • Disorders due to exposure to dangerous chemicals and toxins
  • Skin diseases, such as contact dermatitis or skin cancer
  • Infectious diseases, such as hepatitis, tuberculosis, or HIV
  • Musculoskeletal disorders
  • Psychological disorders
  • Respiratory disorders, such as asthma and COPD
  • Vision loss

What workers’ compensation benefits can injured workers receive in Missouri and Kansas?

Kansas and Missouri both authorize the following benefits for eligible workers (some exceptions may apply):

Medical benefits

Workers’ compensation should cover your reasonable and necessary medical bills. These include ambulances and other emergency transportation, emergency room care, hospitalizations, surgeries, doctor visits, rehabilitative therapy, assistive help (such as wheelchairs and prosthetics), medications, and other types of healthcare.

Your medical benefits may include additional authorized medical care after maximum medical improvement (the point when your health is maximized) when permitted under applicable law.

Temporary disability benefits

Employees may be eligible for temporary benefits while they are unable to work before they reach the point called maximum medical improvement.  We can work to ensure that the company doctors say that you’ve reached your maximum health level prematurely.

Generally, temporary work loss compensation is a percentage of your average weekly wages prior to the workplace accident or illness. In Kansas, for example, temporary work loss compensation is generally 2/3 of the average weekly wages, subject to statutory limits. Some maximums and minimums apply. Our Kansas City workers’ compensation attorneys will explain how much temporary disability compensation you can receive and for how long.

Permanent disability benefits

When a worker reaches the point of maximum medical improvement (MMI), a determination is made as to whether the worker can receive permanent disability benefits. Some of the factors that determine your eligibility for permanent disability benefits include:

  • The type of disability you have
  • The permanency of the disability
  • The impairment level of the disability

The benefits you’ll receive are based on the severity of the disability, the specific disability, and the state laws of Missouri and Kansas.

Vocational benefits

Workers may be eligible for vocational retraining or education so they can work in a new job, depending on the applicable state law.

Kansas City workers’ compensation FAQs

Does workers’ compensation cover psychological injuries?

Workers’ compensation may cover psychological injuries based on the following factors, among others:

  • Psychological injury claims are subject to specific statutory requirements under Missouri workers’ compensation law.
  • Psychological injury claims are subject to specific statutory requirements, including limitations relating to physical injuries.

What should I do after a workplace injury in Missouri?

The two main priorities are:

  • Seek medical help from a local emergency room. Prompt medical care can help your recovery and support your legal claim.
  • Inform your employer, supervisor, or manager that you were hurt and need medical attention.

What if my workers’ compensation claim was denied?

If your employer denies your request for workers’ compensation benefits, our Kansas City workers’ compensation attorneys will file a formal request for compensation with the appropriate workers’ compensation office.

In Missouri, we file the claim with the Missouri Division of Workers’ Compensation. In Kansas, we file the claim with the Kansas Workers’ Compensation Division. Disputed claims may proceed before an administrative law judge through the workers’ compensation process.

Don’t assume that the employer had valid reasons for denying your workers’ compensation claim. Often, they just don’t want to pay you and come up with an excuse. Contact our work injury lawyers as soon as you receive notice of the denial. We can file your formal claim for benefits and proceed to fight for all your benefits. We’re able to represent you at the hearing before the administrative law judge.

Common reasons for denial include stating that you were an independent contractor, your injuries didn’t happen during the scope of your employment, you didn’t give timely notice of the injury to your employer, you had pre-existing injuries, and other reasons.

Can I choose my own doctor for a work injury?

Procedures for requesting a change of authorized medical providers vary under Missouri and Kansas law.

Generally, in Missouri and Kansas, you must use the medical providers that the employer selects. Exceptions may apply for emergencies.

You can choose your own doctor if you pay from your own funds.

You may, depending on state law, be able to request a change of doctors through the appropriate workers’ compensation office. The workers' compensation office will need to approve the request.

How long do I have to report a workplace injury?

In both Missouri and Kansas, you should report your injury to your employer or supervisor, in writing, as soon as possible. The notice should state when (date and time) and where your injury happened, how the injury happened, and what injury/injuries you have. You should also state that you are requesting workers’ compensation benefits.

Missouri has a 30-day deadline for reporting your claim. Kansas has statutory notice requirements for workplace injuries, although exceptions may apply depending on the circumstances.

Can I sue my employer after a workplace accident?

You may be able to file a personal injury claim against the company that hired you if you are an independent contractor. Generally, you can only file a workers' compensation claim against your employer if you are an employee. Some exceptions, such as for intentional harm, may apply.

What is the difference between workers’ compensation and a personal injury claim?

The main differences are as follows:

  • In a workers' compensation claim, you don’t have to prove fault. In a personal injury claim, you do have to prove that someone was negligent. Negligence means someone owed you a duty of care, breached that duty, and the breach was the proximate cause of your injuries.
  • Medical bills. In both a workers’ compensation claim and a personal injury claim, you may recover compensation for your medical expenses.
  • In a workers' compensation claim, you receive partial payment of your lost wages (generally about 2/3 of your wages) for as long as you can’t work. You may also be entitled to permanent disability compensation. In a personal injury case, you may seek all of your lost wages.
  • Pain and suffering. In a workers' compensation claim, you do not receive compensation for your pain and suffering. In a personal injury claim, you do receive compensation for your pain and suffering and other non-economic damages.

Can I file a third-party claim if I’m injured at work?

Generally, true independent contractors may be able to file a personal injury claim against the company that hired them. Both employees and independent contractors can file a personal claim against a third party, such as a manufacturer of defective tools, equipment, or machines.

What if I cannot return to work after my injury?

If you cannot return to work, our Kansas City work injury lawyers will seek temporary disability benefits until your medical condition stabilizes (you reach the point of maximum medical improvement, where additional medical care is not expected to improve your health). At this point, an evaluation is made as to whether you have a permanent disability that prevents you from working.

Can independent contractors receive workers’ compensation benefits?

Generally, independent contractors cannot file for workers' compensation benefits in either Missouri or Kansas. They can file third-party claims against non-employers, such as the manufacturers of defective tools and equipment.

Don’t assume that you are an independent contractor just because that’s what your employer says. You may qualify as an employee if your employer controls your workplace performance and other factors apply.

Where do your Kansas City workers’ compensation lawyers meet clients?

We meet injured and ill workers at our offices throughout Missouri and Kansas. Our main office is at 510 Walnut Street, Suite 100, in Kansas City, near City Hall.

We also meet clients in Lee’s Summit, Blue Springs, St. Joseph, and Parkville, MO, as well as Overland Park, Victory Hills, and Olathe, KS, available by appointment.

Our lawyers also consult with clients by phone or through online video. If necessary, we’re able to arrange to see you away from the office.

Contact our experienced Kansas City workers’ compensation attorneys today

You should never handle your workers’ compensation claim on your own. Our experienced work injury lawyers will fight aggressively to help you obtain all the workers’ compensation benefits you deserve. We can also explain if you have a personal injury claim.

Kansas City Accident Injury Attorneys is here to help. Call us today or fill out our contact form to schedule a free consultation. We handle workers’ compensation claims on a contingency fee basis.