The Star reports that the Occupational Safety and Health Administration (OSHA) levied its second-largest fine this year against the young man’s employer. Trench-shoring has been among OSHA’s top areas of emphasis for 30 years, yet companies continue to put their workers in unsafe trenches.

If you are injured on the job or lose a loved one to an on-the-job accident, let Adler & Manson put our experience to work for you. We’ll work diligently to help you obtain the medical care and benefits you deserve. When applicable, we’ll go beyond workers’ compensation claims and file third-party claims which have broader recovery parameters and can result in greater compensation for you.

If you have recently been injured, it is important to know what to expect throughout the process. Here is a highly-generalized timeline of a workers’ compensation claim. Keep in mind each claim is unique and your own timeline may differ significantly.

1. Notify Your Employer

The first thing you should do is immediately report an incident to your employer, more specifically the H.R. department or your immediate supervisor. This is important because there is a 30 day notice requirement in the State of Missouri. Your employer has the right to choose the medical provider it wishes for you to see, so the sooner you provide notice, the sooner the employer can arrange your treatment.

2. Seek Medical Care

Your medical treatment will be paid directly by your employer. If your injury requires you to have several doctor visits for treatment, continue to have your injury treated. Your physician will regularly report on the progress of your treatment and any changes to your condition.

Once your injury heals, the doctor will declare that you have reached “maximum medical improvement”, and your claim will be ripe for settlement after the ratings are obtained.

3. Receiving Lost Wages

You will be entitled to temporary disability benefits if the injury is significant enough that the injury restricts you from working. These benefits continue until you are cleared to return to work. Contacting a workers’ compensation lawyer can aid you greatly in understanding your options throughout the process.

4. Resolving Your Claim

Your claim can be resolved through either settlement or litigation. The settlement process will typically involve the payment of permanent disability benefits usually in the form of a lump sum payment. Litigation takes longer and is more complex.

5. Appeal an Unfavorable Decision

If you are not happy with a final award following trial, you may appeal to the Industrial Commission. Be sure to speak with your lawyer about appealing your award; they will advise you as to whether this is feasible for your case.

Adler & Manson have served the Kansas City metropolitan area since 1995, helping numerous clients with a wide variety of personal injury and workers’ compensation cases. Their experience in the courtroom and excellence in their practice have earned both Attorneys Jim Adler and Bill Manson an AV® Rating from Martindale-Hubbell®. To date they have recovered more than $80 million in benefits for their clients.

Call Adler & Manson at 816.216.6214 to request a case evaluation from our esteemed legal professionals.

Securing this compensation, however, is not always easy. Because permanent disability benefits can represent a significant expense to insurance providers, these companies frequently work to marginalize the condition of the claimants. One way they might do this is to dispute the extent of the disability.

Partial vs. Total Disability

There is a distinct difference between partial and total disability. Permanent partial disability means the claimant will receive benefits, but only for a pre-determined period of time Missouri Revised Statute 287.190. Depending on what body part was injured and to what degree, the claimant’s award will be paid out anywhere between eight and 400 weeks.

If the claimant is determined to be permanently totally disabled, the claimant may be eligible to receive benefits for the rest of his or her life. In these cases, it must be determined that a claimant is completely incapable of performing any job in the future, no matter how light, or as a result of the injury, combined with certain permanent injuries. Workers’ comp insurance providers are wary of these claims in particular because they represent such a financial obligation.

Who determines your disability?

Once the claimant reaches a stage known as “maximum medical improvement,” which essentially means the claimant’s condition likely will not improve any further, a doctor will examine the claimant and assess whether his or her injuries have left them with a permanent disability, and if so, to what degree. This medical opinion will then be submitted to the court. The claimant may obtain his or her own opinion on his or her own expense.

A skilled workers’ compensation attorney can assist the claimant with this process, and help them determine the best course of action. Workers’ compensation cases are often long, with drawn-out proceedings and numerous doctor visits, which makes the process overwhelming and frustrating. A dedicated Kansas City worker’ comp attorney who will put the claimant’s best interest, first, can help him or her stand up to the allegations of an insurance provider, and aggressively pursue the benefits deserved.

Adler & Manson is an award-winning Kansas City workers’ compensation law firm with over 65 years of experience. Our team has received an AV® Rating from Martindale-Hubbell® and a membership in the exclusive Outstanding Lawyers of America organization. We are available to help you 24/7 and we work on a contingency schedule, meaning you don’t pay unless we are able to collect compensation for you.

If you need legal assistance with your workplace injury, contact Adler & Manson online or call our office at (816) 333-0400 to request a free initial consultation.

Effectively, the new guide makes it harder for workers in Kansas to retrieve suitable compensation for their injuries. By limiting workers’ provisions, they are endangering the safety and rights of workers throughout Kansas. Shortly after the new guide was released, the battle began for which guide to use. The fourth edition of the medical guide had been the system’s guiding light since 1993, and advocates for the new guide book cite the technological advances that have made a new edition necessary.

However, both legal experts and workers’ compensation lawyers have disagreed with this characterization of the argument. Their contention is who truly benefits from the medical guide. Insurance companies, whose medical experts wrote the updated material for the guidebook, may stand to gain the most from limiting which injuries receive benefits.

Some constitutional law experts believe that limiting workers’ compensation will give workers more reason to push their claims through the court system. Rather than pursuing litigation, many workers, many would prefer to simply receive the benefits they were promised by the state. Workers’ comp exists to give employers an easy, no-fault way to provide for their employee’s needs—when the system becomes imbalanced, workers have the right to fight back.

SENATE FIGHT TO RESTORE OLD GUIDE HAS STALLED

The Kansas Senate introduced a bill last February titled SB 167 to revert the workers’ comp guidelines back to the 4th edition. In the 13 months since the bill’s introduction, it has stalled—progressing by about 25% according to LegiScan, a site dedicated to keeping voters abreast of legislative matters.

Two reports, unrelated to the bill, revealed truly troubling things about the workers’ compensation system in Kansas. It revealed that taxpayers pay for 80% of the financial cost of workplace injuries, while employers only pay the remaining 20%. That would only be good news if workers were receiving more benefits; however, these benefits do not come close to matching the loss of $31,000 in wages over time that workers face after an injury on average.

In the end, employers are paying less, workers are receiving less, and unless the bill passes, Kansas workers will continue to suffer under the burden of medical costs and lost wages.

WHAT CAN INJURED WORKERS DO?

There are two things to do: one, contact local politicians. Their agendas will only change when they know that Kansas workers will not let their compensation rights be threatened. Enlist your friends and family to do the same, and make sure you call often and consistently. The more pressure our workers put on our representatives, the more change we will see.

If you’ve been injured on the job, the second thing to do is call our Kansas City workers’ compensation attorneys at Adler & Manson. Kansas Secretary of State Kris Kobach said it himself: when workers are not provided for under the compensation system, they have the right to pursue claims in court. With our help, you may be able to recover money for medical treatment, lost wages, lost earning potential, and more. Call (816) 333-0400 today for a free legal consultation.

Gordon suffered a serious injury and missed much of the season. He is now back in the lineup and performing at a high level for the Royals. His employer recognized the benefits of having him take the time he needed in order to heal properly.

This general principle is no different when considering your medical needs after a serious work injury. The workers’ compensation laws are designed to protect your right to receive the medical care and rest you need to heal.

Unfortunately, not all employers are as forward thinking as the 2014 American League Champions. For that reason, you need to understand your rights to determine whether those rights are indeed being observed by your employer. The right lawyer can help you in that regard.

An experienced and skilled workers’ compensation attorney also will help you pursue the fair and just financial recovery allowed for you under the law. It is not unusual for employers or insurance companies to understate your right to financial compensation.

Even if your employer or its insurance company has already explained your rights to you, it is still important for you to seek legal advice to confirm that you have been advised correctly and explained all of your rights and areas for which you are entitled to compensation. The workers’ compensation attorney in your corner is committed, not to the insurance company, but to your best interests.

To ensure that you are not being hurried back to work before you are ready and that you are indeed receiving the maximum compensation allowed to you under the law, consult with an experienced workers’ compensation attorney. A workers’ compensation attorney can help you get the medical attention your work injury requires, make sure your employer’s insurance company pays for all necessary medical treatment and also pays you the compensation you are entitled to so that you have funds that be used to pay living expenses.

If you have received a lump-sum settlement for a work injury claim, you have an important decision to make. Upon your acceptance of the settlement, the responsibilities of the insurance company will end once it has made its final payment. You will be responsible for any future medical costs arising from your work injury. On the other hand, the offer of a lump-sum settlement can be very tempting.

Does a lump-sum settlement make sense for you?

The answer to that question requires careful consideration and advice from an experienced workers’ compensation attorney. For some people, it can make sense to accept a lump-sum settlement. Others are better off declining the offer and keeping their workers’ compensation claims open, so they can continue to receive benefits.

Some of the important factors to affecting this decision include the following:

•· How close you are to retirement

•· Your eligibility for Medicare and other government benefits

•· Your ability to obtain employment comparable to the job you had prior to your injury

•· The size of the settlement compared to the net present value of the future workers’ compensation benefits you are giving up

Adler & Manson in Kansas City has extensive experience handling workers’ compensation cases in both Missouri and Kansas. Our firm welcomes inquiries regarding lump-sum settlements. We can provide you with the guidance you need to make a smart decision regarding the offer you have received.