Steps for filing a workers’ comp lawsuit in Kansas and Missouri

If you’ve suffered a work-related injury due to someone else’s negligence, it’s generally a good idea to file a workers’ compensation claim. The settlement amount you receive for a successful claim will help you pay for medical care and cover lost wages.

However, to file a claim you need to complete a lot of complex paperwork within a certain time limit. You might also need to negotiate with your employer’s insurance company, and perhaps even defend yourself in court. On top of that, the legislation governing workers’ comp is different from state to state, which can be very confusing.

If you plan to file a claim for your workplace injuries, it’s vital that you understand the specific steps for a workers’ comp lawsuit. In almost every instance, you’ll also need to hire a workers’ comp attorney to ensure you meet all the requirements.

To help you start your claims process quickly and correctly, we’ve put together this step-by-step guide for how to file a workers’ comp claim in Kansas and Missouri.

Steps to filing a workers’ comp lawsuit

Determine your eligibility for workers’ compensation benefits

Full-time, part-time, and seasonal employees are covered by their employers’ workers’ comp plan (though independent contractors typically aren’t). Almost all businesses are required to carry workers’ compensation insurance, but the exact rules in each state differ.

For example, most businesses in Kansas with a gross annual payroll of more than $20,000 must take out a workers’ comp policy. And in Missouri, it’s mandatory for any business with five or more employees, and for all contractors with at least one employee.

You also must have sustained workplace injuries that weren’t your fault during the course of your regular work duties. And you must report this to your employer promptly to begin your claim.

File your workers’ compensation claim

In Kansas, an injured worker needs to report the incident within 20 days of injury. In Missouri, you have a more lenient 30 days.

After reporting your injury to your employer, you can file a workers’ comp claim within three years if you’re in Kansas, or just two years in Missouri.

Your employer might provide you with the paperwork you need to make a claim. Otherwise, you can file with your state’s Division of Workers’ Compensation instead.

This claim form will require accurate and honest details of the incident, such as:

• The time and date of the occurrence
• What events took place leading up to it
• The extent of your injuries

Seek necessary medical treatment

Following your injuries, you’ll need a medical examination and treatment from a healthcare professional.

Many injured workers consult their own primary care physician. But if you’re making a workers’ comp claim, your employer’s insurance company might also request an independent medical examination (IME) to get a second opinion from a doctor of their choosing.

The findings of your examination, as well as the treatments recommended to you, will form a key part of your compensation claim.

As such, it’s important that you keep clear documentation of your medical care, including diagnoses, professional opinions, treatments, and rehabilitation programs. This will serve as evidence of the extent of your injuries and influence your settlement amount.

You might also be able to claim compensation for travel to and from your medical appointments. So be sure to keep receipts of any taxi, bus, or ambulance journeys.

Consult a workers’ compensation attorney

Extremely simple claims in which the responsible party admits their negligence are generally fairly simple and quick to resolve.But in most cases, proving injuries and responsibility isn’t so straightforward.

Attempting to gather evidence and present a case for compensation in these situations can be difficult, especially when you’re in the middle of recovery. And if the case goes to court, you’ll be facing the full might of the insurer’s legal team.

That’s why it’s almost always a good idea to hire a workers’ comp lawyer.

Working with a trusted legal professional means you can:

• Ensure your paperwork is filed correctly and on time
• Improve your chances of receiving a higher settlement
• Focus on stress-free recovery while they handle any legal conflicts, negotiations, and settlements

If you’re not sure whether hiring an attorney is in your best interest, schedule a free consultation to find out more. After all, you have nothing to lose and everything to gain.

At Phalen Law, we’ll give you an upfront assessment of your workers’ comp case and advise you on whether or not we can help. Fill in our Free Case Evaluation form online or give us a call toll free to discuss your claim today.

Keep Reading: When to Hire a Workers’ Comp Lawyer

Understand the settlement process

Workers’ comp pays benefits for:

• The extent of your injuries: Each state has different payout limits for partial or total disability, as well as temporary or permanent disability

• Medical expenses: Your medical treatments will be billed. You can provide those bills as evidence to recover your out-of-pocket costs

• Lost wages: This is a portion of your weekly wage up to a percentage limit of the statewide average. Kansas pays two-thirds of your average weekly wage up to 75% of the state average, while Missouri pays up to 55%

• Future care needs: These are based on professional medical assessments of the extent of your injuries, and the anticipated time and degree of recovery

Based on this information, your employer’s insurance company will offer a settlement amount. But remember, their goal isn’t to provide the best treatment possible for your recovery. It’s to part with as little money as possible.

The amount they initially offer you is almost certain to be significantly less than the potential amount you could receive through negotiation. So it’s important that you review any settlement agreement with your chosen workers’ compensation lawyers before accepting.

We can identify when the insurer is offering insubstantial amounts that won’t allow you to properly recover or maintain your financial stability. In that case, we provide a counteroffer for more money, which we’re prepared to uphold in court if necessary.

Keep Reading: How Long Do Workers’ Comp Settlements Take?

Prepare for the discovery phase if litigation is needed

Even though your attorney will respond with a fair settlement offer, it’s unlikely the insurance company will accept. If this occurs and litigation is needed, we enter the discovery phase.

Here, we gather evidence to support your claim for greater compensation. This can include medical records, expert medical opinions, and evidence from those who witnessed your injury.

We then share this information with the insurer’s attorney and prepare a strong case for appropriate compensation on your behalf.

We’ll need your help figuring out what relevant information we can gather to support your claim. But when it comes to actually gathering that information and preparing your defense, we take care of all the stressful busywork for you. That means you can have the space and peace you need to focus on recovery.

Attend mediation or settlement negotiations

Going to court is sometimes necessary to obtain fair compensation for your workplace injuries. But we always do our best to settle matters outside of court to shield you against additional hassle and stress.

As such, our first course of action is always mediation.

Mediation, sometimes called a settlement conference, is an informal negotiation between your attorney, the insurer’s attorney, and a neutral third party. This might be an experienced workers’ comp lawyer, a representative from the state’s workers’ comp division, or even a workers’ comp judge.

During mediation, we discuss the claim and do our best to reach an appropriate settlement agreement with the insurer. This is supported by evidence gathered during the discovery phase and the state’s workers’ comp legislation.

If we can agree a settlement, the documents can be signed right away and you can prepare to receive your workers’ compensation benefits. If not, the claim will be set for a court hearing.

Prepare for trial if mediation fails

If we can’t reach a settlement agreement during mediation, the administrative court could schedule a hearing to take place either in person or via conference call. This is generally conducted before an administrative law judge who listens to evidence and arguments from both sides before issuing a ruling.

Similar to filing workers’ comp paperwork, your trial requires certain types of evidence to be presented in specific ways. Attempting to represent yourself without extensive legal knowledge and proficiency makes it easy for the insurer’s attorney to take advantage of your inexperience. This could result in you receiving a minimal amount of compensation – or worse, your case could be dismissed and you won’t receive a single cent.

To ensure you have the best possible chance for substantial compensation, legal representation from a trusted and experienced workers’ comp lawyer is vital.

The attorneys at Phalen Law have intimate knowledge of workers’ comp laws in both Kansas and Missouri. We know how to prepare a powerful case in your favor, and to argue against the many tricks and strategies insurance companies use to minimize compensation payouts.

With our support, you can get the compensation you need to cover present and future medical bills, support yourself while you can’t work, and recover from your injuries in peace.

Keep Reading: Workers’ Compensation Denials in KS and MO 

Finalize your case and return to work

Phalen Law has over 50 years’ experience winning workers’ comp cases throughout Kansas and Missouri. So if we take on your case, it’s because we’re extremely confident we can win.

After the settlement or trial verdict has been reached, you’ll receive your workers’ comp benefits. This could be as a lump sum or as a structured settlement in monthly installments, whichever was agreed. Your payout will allow you to pay your bills and afford treatment for your injuries.

Once a physician clears you to return to work, you must do so. Otherwise, you risk jeopardizing your right to compensation.

Many healthcare professionals wait until an injured worker has reached maximum medical improvement (MMI) before giving permission to return to work. But others might approve your return before full recovery with light-duty restrictions.

Light-duty work involves performing a limited range of tasks from your previous job role, or perhaps contributing in a different area of the business. These tasks will take your condition into account to ensure you can perform them comfortably and aren’t at risk of further injury.

If you make a sufficient recovery, your doctor will lift your light-duty restrictions and you can return to your original job role. You’re guaranteed this position if it still exists. But if your job was vital and your employer had to fill that role before you returned to work, it’s likely you’ll be offered a similar position within the same company.

Follow the steps for a workers’ comp lawsuit with Phalen Law

Submitting a workers’ comp lawsuit gives you the chance to recover comfortably and with financial stability. But you must do so in accordance with your state’s process and requirements to retain your right to compensation and build a strong case. 

Unless you’re a legal expert, this can be incredibly tricky. And doing it yourself could put your whole claim at risk.

However, Phalen Law is available to provide personalized guidance and support, as well as trusted and proven legal representation.

Our extensive experience gives you the best possible chance to win substantial compensation. And we handle evidence gathering, negotiations, and legal defense on your behalf.

That means you can have confidence in a strong, convincing case for compensation while you focus on a peaceful, stress-free recovery.

Call now toll free or fill out our Free Case Evaluation form online to give us the details of your case and arrange a free no-obligation consultation.