When you’ve been injured at work, filing for workers’ compensation can provide financial benefits that help you cover medical expenses, lost wages, and other costs.
Your injuries or illness must meet certain criteria to qualify you for workers’ comp. And you need to submit your paperwork in a specific way and within a certain time limit. So it’s vital to understand your rights and eligibility, and well they types of injuries you can claim for.
Some of the most common reasons to file workers’ comp in Kansas and Missouri include overexertion, equipment accidents, exposure to harmful substances, workplace violence, and vehicle-related injuries. So if you’ve suffered a workplace injury or occupational illness, contact the workers’ comp attorneys at Phalen Law today for your free no-obligation consultation.
Top 5 reasons to file workers’ comp
1) Overexertion and repetitive stress injuries
Muscle strain occurs when overstretching causes part of a muscle to tear. This can be caused by an accident, overuse, or using the muscle in the wrong way. Heavy lifting, pushing, and pulling can often lead to muscle strain, particularly in physically demanding jobs.
Common injuries that result from overexertion and repetitive stress include:
- Back injuries: These can affect any part of your back, but are most common in the lower back. Back injuries can include sprains and strains, herniated discs, and fractured vertebrae. Minor back injuries should improve after a few days of rest. But ongoing back pain from your job can be grounds for filing a workers’ comp claim.
- Carpal tunnel syndrome: This is when pressure on a nerve in your wrist results in tingling, numbness, and pain in your hands and fingers. Symptoms often appear slowly, coming and going while gradually becoming more intense over time. Carpal tunnel syndrome can occur in work that requires you to repeatedly bend your wrist or grip hard. That includes regularly using vibrating tools or typing for more than 28 hours a week.
- Tendonitis: Inflammation can occur in any tendon, but tendonitis typically afflicts the shoulders, elbows, wrists, knees, and heels. It’s one of the most common repetitive motion injuries, especially in jobs that involve overhead reaching or intense vibration.
Injuries caused by overexertion can occur in a single instance, such as when lifting a particularly heavy object. When this happens, they’re generally easy to document, and footage from security cameras can often capture the precise moment of injury. However, most of these injuries start small and grow larger from repeated overexertion or strain over a longer period of time.
When there’s no single instance in which the injury occurs, it’s much harder to prove that it’s work related. So it’s vital that you keep a record of any pain, discomfort, and loss of movement that you experience. If it turns out that your strain is temporary discomfort, you can return to work as normal once the pain subsides. But if it grows into a serious overexertion or repetitive strain injury that qualifies for workers’ comp, your documentation will be essential for building a valid case.
In Kansas, private industry employers reported 24,200 nonfatal workplace injuries and illnesses in 2023, with an incidence rate of 2.5 cases per 100 full-time equivalent workers. (Bureau of Labor Statistics)
In Missouri, there were 52,000 reported cases in the same year, resulting in an incidence rate of 2.6. (Bureau of Labor Statistics)
2) Workplace machinery and equipment accidents
Heavy machinery and equipment such as excavators, pavers, compactors, and forklifts can pose a risk to those who use them or work around them.
If you’re injured in a workplace machinery accident, you could claim workers’ compensation benefits for:
- Crushed limbs: This can occur when you’re struck by the equipment, it’s overturned, or your limbs become trapped between the equipment and other surfaces. The incredible weight of heavy machinery can crush hands, arms, legs, and feet, leading to permanent disability.
- Caught-in accidents: Heavy machinery and equipment involves many moving parts that can seriously injure any limb that gets caught inside. Workplace safety training, personal protective equipment (PPE), and scaffolding may be used to prevent such accidents. But in situations where your employer has failed to provide these to the appropriate standard, you could have grounds for a workers’ compensation claim.
- Defective equipment: All equipment must meet certain safety standards for use. But when that equipment doesn’t work correctly due to damage or manufacturer error, it can cause serious harm.
If you’ve been injured by workplace machinery or equipment due to employer negligence, a workers’ comp settlement can help you cover treatment and recovery. But if your work-related injury is due to defective equipment, you can also file a third-party lawsuit. A third-party liability claim can provide additional benefits, allowing you to afford superior healthcare and rehabilitation.
In addition to workers’ compensation, Phalen Law specializes in personal injury claims. So if your workplace injury is the fault of a third party, we can help you pursue maximum compensation.
Get in touch today to book your free no-obligation consultation so we can discuss how you can make the most beneficial claim possible.
3) Exposure to harmful substances and toxic environments
Workers’ compensation doesn’t just cover workplace injuries, but also occupational illnesses.
These can occur in almost any work environment. But you’re at much greater risk if you work in an industry that regularly uses harmful substances. That includes construction, agriculture, manufacturing, waste disposal, or industrial cleaning.
Common health conditions associated with inhaling, ingesting, or coming into contact with harmful or toxic substances include:
- Respiratory issues: Dangerous substances such as chlorine gas, fertilizer dust, pesticides, or smoke can cause respiratory issues after a single exposure. But even low-level inhalation of cleaning chemicals or other common substances can cause inflammation of the lungs over time. This affects your body’s ability to process oxygen, which when untreated can cause respiratory failure and death.
- Burns: A wide range of substances can cause chemical burns from a direct spill or other exposure. This doesn’t just include acids, but also base chemicals like ammonia, oxidants like bleach, and even hair coloring agents. If these substances have caused you harm in your regular work duties despite you following safety requirements, you could be entitled to compensation.
- Chronic illnesses: Prolonged exposure to harmful substances or toxic environments increases the risk of chronic respiratory diseases, neurological deterioration, and even cancer. As well as dangerous substances, these illnesses can result from inhaling cooking oil heated to high temperatures, formaldehyde released by building materials, beauty products, and mold.
To file a claim, you need to prove that your illness was caused by workplace exposure rather than other environmental or lifestyle factors. This often requires medical records, expert testimony, and historical workplace exposure data.
Such cases can be very complex and difficult to prove. So you need to keep detailed records of your symptoms and work activities to prove a link and qualify for workers’ compensation.
4) Workplace violence and injuries from assault
Injuries relating to workplace violence are much more complex than those caused by, for example, a slip-and-fall accident.
Workers’ compensation typically covers injuries that occur in the course of your regular work duties. But when it comes to assault, it can be difficult to prove whether it occurred within the course and scope of your employment. Things like the nature of your job, where the incident occurred, and any history of workplace violence must also be considered.
If you were attacked by someone unrelated to your employer or coworkers, the assault wouldn’t fall under workers’ compensation. Though it’s likely you could pursue a personal injury claim instead to seek compensation.
However, if your employer’s negligence contributed to the assault or created an unsafe work environment, you might have grounds to file for workers’ comp.
Regardless of whether your assault falls under workers’ comp or personal injury, Phalen Law can help you build and manage your case. With over 50 years’ experience, our trusted attorneys can give you the highest possible chance of winning your case and receiving a substantial payout.
Some industries put workers at much greater risk of assault injuries than others. These include:
- Law enforcement: Police officers, correctional officers, and agents of specialized divisions such as the Drug Enforcement Agency (DEA) often face violence in the course of their regular work duties. While this fact is understood and employers take steps to minimize risk, members of law enforcement are still free to seek compensation.
- Healthcare: Those working in hospitals, nursing facilities, and residential care homes consistently face some of the highest rates of workplace violence. This is often due to the intense emotional stress or expectations of patients and their families. And it can be exacerbated by overcrowding, long wait times, and the unpredictable behavior of impaired patients.
- Retail: Not all retail workers are necessarily at higher risk of workplace violence. But working alone, late at night, or in areas with high crime rates can make retail work more dangerous. Retail employees are also at greater risk during the holiday season due to larger crowds, heightened stress, and frequent understaffing.
As well as physical injuries, assault and workplace violence can result in psychological and emotional trauma. While workers’ comp doesn’t typically cover these types of harm, there are some instances in which they’re applicable.
For example, in Kansas, workers’ comp may cover mental health conditions that are the direct result of workplace assault, such as post-traumatic stress disorder (PTSD). Similarly, workers’ comp law in Missouri states that employees who suffer mental injury due to “extraordinary and unusual” workplace events are entitled to compensation.
But proving a direct link between workplace violence and mental trauma can be very difficult. It often demands expert testimony and a thorough examination of your mental health history. So working with a skilled and experienced workers’ comp lawyer following a workplace assault is vital to build a case for compensation.
5) Transportation and vehicle-related accidents
Most injuries that occur in vehicle-related accidents come under personal injury law. But if you were injured in a collision while performing your regular work duties, you may be able to make a claim through workers’ compensation.
Workers who may be eligible to make such a claim include:
- Delivery drivers
- Truckers
- Forklift operators
- Agricultural workers
- Employees running work errands
Understanding Workers’ Compensation Coverage in Kansas and Missouri
Be aware that the requirements for filing personal injury and workers’ comp are different.
The statute for limitations for a personal injury claim in Kansas is two years. In Missouri, it’s five years.
But you only have 20 days in Kansas or 30 days in Missouri to notify your employer of a work-related accident for a workers’ compensation claim. So you need to decide which route to take quickly.
While both states require most employers to carry workers’ compensation insurance, there are notable differences:
- Kansas: Employers with a gross annual payroll of $20,000 or less are generally exempt from carrying workers’ compensation insurance. (Kansas Labor Dept) Learn more about how workers’ comp benefits are calculated in Kansas.
- Missouri: All employers with five or more employees must carry workers’ compensation insurance. However, in the construction industry, the requirement applies to employers with one or more employees. (Axcet HR Solutions Blog) Find out more about workers’ comp benefits in Missouri.
If you’re required to undergo an independent medical exam as part of your workers’ comp claim, understanding what to expect can be crucial. Read more about the independent medical exam process in Kansas and Missouri.
Filing a workers’ comp claim can also prevent you from filing a personal injury claim. If you’re not sure which to file, arrange a free consultation with our specialist attorneys to find out which course of action is right for you.
Reasons to file workers’ comp FAQ
What injuries qualify for workers’ compensation?
Workers’ compensation covers countless types of injuries.
According to the Occupational Safety and Health Administration (OSHA) and the National Safety Council (NSC), common injuries that qualify for workers’ comp include:
- Muscle sprains, strains, and tears
- Bone fractures
- Cuts, lacerations, and punctures
- Repetitive strain or stress injuries such as back pain, carpal tunnel syndrome, or tendonitis
- Slips, trips, and falls
You can also make a claim for workplace violence, a work-related vehicle accident, or an occupational illness caused by harmful substances or toxic environments.
Keep Reading: Do You Qualify for Workers’ Compensation Benefits in Kansas?
How do I file a workers’ comp claim in Kansas and Missouri?
You must report your injury or work-related illness to your employer before the statute of limitations expires.
Your employer might give you the paperwork you need to make a claim. If not, you can file with your state’s Division of Workers’ Compensation.
For full details, follow our guide for how to file a workers’ comp lawsuit in Kansas and Missouri.
What should I do if my workers comp claim is denied?
Even if your initial claim is denied, you have the right to appeal.
The first thing you should do is consult the workers’ comp attorneys at Phalen Law. We can help you determine the reason for your denied workers’ comp claim and begin an appeals process with your state’s workers’ compensation division.
Together, we can identify whether your claim was wrongfully denied, and get your case back on track so you can get the compensation you deserve.
Start your claim with Phalen Law, experts in workers’ comp and personal injury
The vast majority of workers’ compensation claims in Kansas and Missouri are filed due to:
- Overexertion and repetitive stress injuries
- Workplace machinery and equipment accidents
- Exposure to harmful substances and toxic environments
- Workplace violence and injuries from assault
- Transportation and vehicle-related accidents
Many workplace injuries and illnesses present over time, making them difficult to prove without guidance from a trusted and experienced workers’ comp attorney. But even those that result from a single incident require the suffering employee to meet specific legal requirements and file complex paperwork within a time limit. As such, it’s always in your best interest to work with an established workers’ comp law firm.
For more than 50 years, injured workers throughout Kansas and Missouri have relied on Phalen Law to win substantial compensation quickly and with minimal stress. We manage the bulk of your case for you, allowing you to meet all the legal requirements while focusing on your recovery. With our dual specialties of workers’ comp and personal injury law, we could also help you claim for additional benefits that other firms may miss.
Call us toll free or fill out our Free Case Evaluation form online to give us the details of your case, and start your claim with confidence.
William L. Phalen
For 30 years, Bill Phalen has been representing families and workers whose lives have been devastated by workplace injuries, reckless drivers and the negligence of others. When tragedy needlessly strikes – because of the irresponsible behavior of an employer, corporation or an insurance company – Bill Phalen is an advocate for the people, always representing David in the fight against Goliath. Bill’s strong convictions have led to successful cases at the Court of Appeals and Kansas Supreme Court.
