WORKERS’ COMPENSATION ATTORNEY IN KANSAS CITY & MISSOURI
Don’t Let an Injury Affect Your Finances!
When workers are injured on the job, they often experience a moment of fear, however, it is wise to be proactive about getting an attorney to work on your behalf. An experienced attorney can take steps to protect your rights and begin the claims process.
At Adler & Manson, we have more than 70 years of combined experience guiding clients through the complicated and challenging process of filing for workers’ compensation benefits. We have worked diligently to build a network of medical experts, regularly calling upon them to provide insights in complex cases.
Understanding the Kansas Workers’ Compensation Process
No two workers’ compensation claims are exactly the same, but all of them must go through the same submission and vetting process. If there are complications or other factors to consider, these could also affect how your claim is processed and considered.
A basic outline of the Kansas workers’ compensation process is as follows:
- You must notify your employer within 10 days of a workplace accident, though there are some exceptions to this rule. You must also file a written claim within 200 days of the accident.
- You are entitled to wage loss benefits totaling two-thirds of your gross average weekly wage, up to a certain limit. This limit changes each year.
- Your employer has the right to select the doctor who provides treatment. Employers prefer to select doctors who tend to minimize the extent of injuries.
- You have the right to obtain a second medical opinion. This will be largely at your expense, though the employer’s insurance company is liable for up to $500 for this service.
- Adler & Manson can direct you to a physician who can perform a second objective medical evaluation. This is often the key to obtaining a fair disability rating and benefits.
- If you must travel five or more miles for medical treatment, you will be reimbursed at a rate of $.57 per mile.
- If you sustained an injury to a very specific part of your body such as an eye, finger or hand, you have a “scheduled injury.” There are specific rules that specify the amount of compensation you receive for a scheduled injury.
- On the other hand, if you have sustained a “nonscheduled injury,” you may be able to obtain higher compensation. Injuries to the back or neck are considered nonscheduled injuries.
- In some nonscheduled injury cases, Kansas provides for “work disability” benefits, to make up for the loss of ability to earn the same wages the worker earned before the injury. This can significantly increase the benefits you receive over the life of your claim.
- Kansas does not have a second injury fund. This means that you cannot receive benefits based on a disability incurred prior to your most recent injury.
- At some point, the workers’ compensation insurance company may offer you a lump-sum settlement. If you accept, this will terminate your claim and the insurance company’s responsibilities to you. Adler & Manson can review your case and advise you whether to accept the settlement offer or keep your claim open.
- If your injury was caused by the negligence of a third party or the failure of your employer to follow work safety rules, you may be able to obtain compensation above that which you receive from the workers’ compensation system. Adler & Manson will aggressively represent you in any third-party claim.
The Kansas workers’ compensation system is complex, and without experienced legal representation, you may not get the benefits you deserve. Adler & Manson will be your strong advocate, working hard to help you obtain all of the benefits and compensation you deserve.