Workers’ Comp Attorney Kansas City
In the state of Missouri, businesses with five or more employees are required to carry workers’ compensation insurance. If your business is in the construction sector, then you must carry workers’ compensation insurance if you have one or more employees.
Exempt businesses could elect to come under the workers’ compensation insurance laws, but if they decide against purchasing workers’ compensation insurance, then they can be sued by employees who are injured on the job.
The process of filing for workers’ comp benefits in Missouri is straightforward. Injured workers will need to report their injuries, get medical treatment, find out what benefits are available to them, and then resolve their claims.
If you believe that you have not received all the benefits due to you, have contacted your employer or insurer, and the problem still has not been resolved, then you may require a workers’ comp lawyer.
The Kansas City workers’ compensation lawyers at Eslinger Law Firm can use their experience to provide the assistance necessary for filing and settling your claim. Contact them now for a free consultation.
Missouri Workers’ Compensation Personal Injury Claims
Before deciding on whether or not you should sue your employer for your work-related injuries, determine your workers’ compensation benefits under the law. If you are eligible for workers’ compensation, you typically won’t be legally permitted to sue your employer, but you can file a claim for benefits.
Here are some steps that you can take to help protect your claim, reduce your liability, and maximize your chances of receiving benefits from your employer and insurance company:
Report Your Injuries To Your Employer
The first thing injured workers need to do is report their injury to their employer. This may mean telling your supervisor, human resources manager, or anyone else with authority in your position.
Missouri and Kansas laws require you to report your injuries within 28 days when you’re injured on the job. This notice should be in writing and include your name, the nature of the injury you suffered, and the date, time, and place of your injury.
Your employer should assist you in filing the necessary paperwork to report your injuries to the Missouri Workers’ Compensation Division; however, you can contact them at (800) 775-2667 to double-check. If you feel your employer is unreliable and you’re afraid that your injury claim won’t be taken seriously, contact a seasoned Kansas City, Missouri workers’ compensation lawyer for a free consultation now.
Medical Treatment
Your eligibility for benefits, and the basis of any personal injury lawsuit, will be dependent upon the severity of your injuries. That is one of the main reasons why workplace injury workers’ compensation attorneys advocate for getting a comprehensive medical evaluation after your accident.
Your employer is required to provide medical treatment and care to relieve you from the effects of your injuries. Sometimes, your benefits could hinge upon seeing a qualified medical professional covered in your workers’ compensation benefits. Have a free consultation with a workers’ compensation attorney to ensure that you get medical treatment that increases your eligibility for benefits.
Gather Data
After getting the medical attention you require, write down as much about the incident as you can remember. For those that are considering suing their employers, the more details they have about their injuries, the better it is for their case.
Insurance companies make money by paying out the least amount of money available, and that’s why it’s important to investigate your claim. Work with an experienced injury lawyer whether your injury occurs in Blue Springs, MO or Independence, MO because they understand the law and have expertise in the personal injury practice areas of North Kansas City.
Consult With A Kansas City, MO Workers’ Compensation Lawyer
Personal injury attorneys help their clients to recover losses when another party is deemed legally responsible. In workers’ compensation claims, who’s liable isn’t important because workers’ compensation pays for injuries that occurred at the workplace, regardless of fault.
Each state has strict rules and guidelines, and that’s where workers’ compensation lawyers can offer support. Accident attorneys can help you litigate workers’ compensation gray areas, like injuries that occur while on the clock but out of the office.
What happens if my claim is denied?
Insurance companies have a strong reputation for devaluing workers’ compensation claims, and that’s why it’s important for the law office you choose to be ready to investigate, settle, or litigate your claim for maximum recuperation.
There are some legitimate reasons why an employer or insurance company could deny your claim, but many denials are incorrect. If your claim has been denied, you could have a free consultation today to speak with an attorney about appealing your workers’ compensation denial.
Missouri and Kansas Workers’ Compensation Benefits
Missouri workers’ compensation pays for the following main types of benefits:
Reimbursement for Medical Treatment
If your workers’ compensation claim is approved, your employer and its insurance carrier are required to pay for all of your medical treatment necessary to treat your work-related injury or occupational disease. This could include doctor visits, hospitalization, medical devices, prescriptions and medications, and physical therapy.
Sometimes your employer may require you to:
- Receive treatment from a specific physician or health care facility
- Undergo a medical examination to address your progress and assess your current treatment plan.
- Request that you submit to vocational testing to assess your physical ability to work and what jobs you may be able to perform
Lost Wages
When you can’t return to work due to your work-related injury, you could be eligible to receive temporary total disability benefits. These benefits are paid weekly and are based on two-thirds of your weekly wage.
For those who can return to work for fewer hours or a light-duty job due to their physical conditions, they can receive temporary partial disability benefits. These benefits continue until you can return to your normal job or when a doctor determines your condition has reached maximum medical improvement.
If you have questions about how this law could pertain to you, visit the Eslinger law office for a free consultation to discuss what benefits you may be entitled to and ways they could help you to recuperate them.
Permanent Disability
If an approved doctor determines you have reached maximum medical improvement, it’s time to assess whether your injuries are permanent and if you can return to work. Those who are permanently disabled due to their workplace injury could continue to receive temporary total disability benefits for the duration of their disability.
Permanent partial disability benefits get complicated, and your workers’ compensation can help you review the three-part formula used to calculate your benefits. To be eligible, the state of Missouri will consider which body parts are injured, the severity of injuries, and your average weekly wage.
The Missouri Workers’ Compensation Division will use your injuries to determine your compensation rate, two-thirds of your average weekly wage, or you’ll be assigned a percentage of disability for your body as a whole. Missouri also pays additional permanent disability for serious and permanent disfigurement about the head, neck, hands, or arms.
Kansas City Workers’ Compensation Cases
When a Missouri employee finds that they have not received all of the benefits due to them or they’re having issues recuperating the benefits that are owed, then they could use the following options to help them resolve those discrepancies:
- Try alternative dispute resolutions like the dispute management services provided by the state.
- Have a legal conference before a judge to meet with the lawyer for the employer/insurer, discuss the case, and attempt to resolve the case by settlement.
- Or the employee could file a compensation claim.
When an employee files a compensation claim, they could request a pre-hearing or meditation to resolve the issue before a final hearing. Injured employees can also have a hardship hearing because they haven’t fully recovered.
Injured workers may be eligible for three types of rewards at their final hearing once the case is ready to be concluded. These awards include a final, temporary or partial award, or an award based on the agreement of certain facts.
How Eslinger Law Firm Can Help
The Eslinger Law Firm, LLC focuses on personal injury litigation and helping victims recuperate their losses after an injury. Our firm is licensed in Missouri and Kansas, so please call us for a free legal consultation to see how our firm can help you with your claim. Our team of Kansas and Missouri attorneys has experience settling and fighting injury cases, compensation cases, and injured worker claims.
We also work on claims involving permanent disability due to a workplace accident, and we provide legal services for our clients to assist them in recovering their medical bills, restoring their lives, and protecting their rights under the law.