Workers’ compensation laws are in place to ensure that employees who incur a job-related injury or illness receive wage replacement and medical benefits where applicable. However, employers will pursue every available avenue to avoid providing these benefits to their workers. Here are five examples that illustrate when your employer could deny your workers’ compensation claim.

Late Reporting and Filing

A denial of

A Kansas worker will receive medical care for work-related injuries from a specifically requested authorized treating physician (ATP) as appointed by the court following a Preliminary Hearing Order. The Claimant, a Kansas laborer who suffered a knee injury while working in a delivery based business, suffered this on-the-job injury in early 2013.

The Claimant immediately reported the incident and requested to

If you are injured on the job, workers’ compensation is an essential tool for keeping you financially stable. Whether you are suffering from a temporary partial disability or permanent total disability, getting the compensation benefits that you deserve will ensure that you can stay in your home, pay your bills and continue to live your life.

However, getting the compensation you

A Kansas worker will be receiving weekly temporary total disability checks following a Preliminary Hearing Order. The Kansas worker hurt her back while attempting to move a cabinet at work. The Kansas worker was given physical work restrictions by the authorized treating physician and her employer agreed to allow her to work within those restrictions. However, shortly

Levi DeWitt, Pittsburg State University student and law clerk here in the Phalen office recently submitted original videos to the American Ad Federation's Addy Award competition. Each of the three videos he submitted received awards including a silver award for video effects and a gold award for a music video.

Additionally, his Coca-Cola themed animation received the Judge's

A Kansas assembly line worker who suffered injuries to both upper extremities will continue to receive Temporary Total Disability checks and medical treatment following an Appeals Board Order handed down today. The Claimant, a Kansas laborer who suffered repetitive use injuries while working with her arms both above and below her head, was awarded weekly benefit checks while she

Most people know that a Social Security Representative can assist with your disability appeal or hearing, but did you know that our office also assists with initial applications? Many individuals find Social Security Disability's initial application process overwhelming. The application is usually completed online and can take up to 2 hours to complete. This can seem daunting

In statistics recently released by the Missouri Department of Transportation, fewer people were killed in Missouri traffic crashes in 2018. The number of individuals killed in car wrecks in Missouri was down to 918. This is a slight decrease from 2017, but still a staggering statistic.

The DOT points to increased seat belt usage as a factor

Following a crushing injury to his right leg, a Kansas workers compensation claimant sought the representation of William L. Phalen. Phalen refused to accept the minimal impairment rating offered by the Claimant's work comp authorized surgeon and sought a second opinion on behalf of his client. The judge averaged the two ratings and awarded the Claimant a 15.5%

Insurance companies are often anxious to settle cases at the end of the year, but we don't stop there. We have started 2019 just the same way we ended 2018… finalizing workers compensation claims to get money into the pockets of our clients. This week alone has seen over $136,000.00 in settlements for Kansas and Missouri workers compensation

We at the Law Office of William L. Phalen would like to take a moment to appreciate those who have served in the armed forces.  There are few things as honorable as being willing to dedicate oneself to protecting your country and fighting for freedom.  We are so grateful to all our troops! In appreciation of our veterans, our office will Read More

A July preliminary hearing order from Administrative Law Judge Steven Roth awarding an injured Kansas worker temporary total disability (TTD), medical treatment and payment of medical bills was upheld on appeal.  The Kansas worker sustained injury to her back, neck, head, brain and hips as well as other body parts. However, her employer and the insurance company appealed the workman's comp Read More

It may be a short week, but William Phalen has been putting in long hours fighting for workers' rights.  Workers compensation docket was held yesterday in Independence.  Several Phalen clients had issues heard ranging from Temporary Total Disability weekly payments and medical treatment following an injury to reimbursement of medical mileage and even payment for hearing aids in a post Read More

William L. Phalen will once again appear before the Kansas Workers Compensation Appeals Board to present oral arguments on behalf of an injured Kansas worker.  Tomorrow oral arguments will be heard by the Work Comp Appeals Board in Topeka.  William Phalen will appear on behalf of the Claimant. In this matter, the Respondent is attempting to deny the injured worker's right Read More

“Statute of limitations” refers to the state legislation that limits how long plaintiffs have to file a claim in court. Kansas uses the same statute of limitations for car accidents as it does for personal injury, so under Kansas Statutes section 60-513 you have two years to pursue a claim for damage to your car or any injury. From the day Read More

Although our understanding of mental illness has improved considerably, getting workers’ compensation for a physical injury is still easier, in many cases, than getting benefits for a psychological or mental illness conditions such as depression or other illnesses. Nevertheless, getting workers’ compensation benefits for psychological issues is possible. Getting benefits for a physical injury is usually easier because it can be Read More

Being in a car accident is intimidating. Unfortunately, in the worry of an accident, many mistakes can be made that could cause significant legal and financial challenges for you. The actions you take immediately following a car crash can impact your life for months or years. If you’ve been in a car accident, avoid these common mistakes: Not Seeing a Doctor If Read More

Repetitive strain injury (RSI) is a potentially serious injury that can occur from repetitive, prolonged, ongoing and possibly awkward movements. Although it most often affects the hands, it can affect the shoulders, neck, arms and other parts of the body. RSI is an injury to the nerves, muscles and tendons and can cause significant pain as well as motion challenges Read More

Construction sites are among the most dangerous workplaces in Kansas and across America. Common construction site injuries include: Falls Falls from heights are one of the more common construction site injuries. When workers are working on multiple levels, especially on a site where flooring hasn't yet been put down and secured, falls can easily occur. Falls on the same level can Read More

Another win for Kansas workers and William L. Phalen.  Oral arguments were presented last month before the Kansas Workers Compensation Appeals Board in a case regarding the nature and extent of a Kansas worker's disability and whether that worker should be awarded future medical care.   Following multiple evaluations, treatment and surgeries the injured Kansas worker was found to be at maximum Read More