January 23, 2024
Is Missouri a No-Fault or an At-Fault State for Car Accidents?
Insurance claims following an automobile accident work in one of two ways depending the…
Your advocate in workers’ compensation and personal injury law.
When you’re hurt and worried about how you’re going to get help and back to working, you want answers. Hopefully you can find the answers to some of your questions below. If not, remember that you can call us anytime and consultations are always free.
If your injury qualifies you for workers’ compensation, you’ll have coverage for all of your medical costs while you are unable to work. If you have a long-term injury, workers’ comp will also pay to cover your current and future medical costs.
First, always make sure you receive appropriate medical treatment. Once you have taken care of that, notify your employer immediately. Even if you don’t think your problem is severe, the first step in a workplace injury procedure is to report it. Many injuries can take days or even weeks to show symptoms.
Unfortunately, many employers and their insurance companies don’t want to pay injured workers what they deserve in compensation so they will look for any reason to deny benefits. If you delay reporting your injury, many insurance companies will use that as a reason to turn down your claim, arguing you could not have been hurt that badly because you didn’t turn in your report right away.
No, neither Kansas or Missouri pay workers’ comp benefits. Instead, your employer’s insurance company pays these funds. If you feel an insurance
company is unfairly denying you from receiving benefits, or not giving you all the benefits you deserve, you can file an appeal with the state, and a workers’
compensation judge will hear your case.
In both Kansas and Missouri, you will receive two-thirds of your average weekly wage.
In Kansas, you can receive up to a maximum of 125 percent of your state’s average weekly wage (SAWW), while in Missouri, it is 105 percent.
In Kansas, the SAWW is $921, while in Missouri, it is $947 per week.
However, there are limits on how much you can receive in benefits in both states.
In Kansas, benefits don’t start until you have been off the job for seven days. Once you have been off the job for 21 consecutive days, you will become eligible to receive payment for the first seven days.
In Missouri, you won’t receive benefits for the first three workdays or less if you are unable to work. If you have been off the job for 14 consecutive days, you will receive payment for the first three days.
You are eligible for any necessary medical treatments to treat and heal the work-related injury. These include surgery or physical therapy, diagnostic services and prescriptions. Your employer and their insurance company can select a doctor for you to see.
In Kansas, yes. However, the insurance company will only cover the first $500.
In Missouri, if you want to use a different doctor than the one the company has chosen, you must pay for those costs yourself.
No, not without talking to an experienced workers’ comp attorney. Insurance companies will often try to force you to sign a settlement that doesn’t cover future medical costs. Remember, their only goal to save your employer money, and they do that by paying out as little as possible.
Never sign anything without first talking to an attorney. An attorney also knows
how to structure a settlement, so if you are also receiving Social Security disability benefits, accepting a settlement offer will not unduly reduce them.
The big difference between the two is this:
When an employee gets injured, owners and managers should follow specific procedures: