Workers’ Compensation Benefits Lawyers in KS and MO
Many of the most common questions our workers’ compensation benefits lawyers get asked have to do with benefits. At The Law Office of William L. Phalen, we understand workers’ compensation benefits can be a concern whenever you have been injured.
Workers’ compensation laws exist to help injured workers. They are designed to either provide you with temporary relief while you are recovering from a work-related injury or provide you with long-term benefits if the injury is a permanent one.
If you are injured on the job, you have a right to benefits to pay for your medical expenses, prescriptions and wages if you are unable to work because of a work-related injury.
What Is Worker’s Compensation?
Workers’ compensation is a state-mandated system that requires employers to provide benefits for injured workers. When an injured worker qualifies for these benefits differs from state to state. Some states, like Pennsylvania, require every employer with one or more employees (basically all workers) to provide workers’ compensation benefits. Other states, like Missouri, require employers with five or more employees (and for all construction workers) to provide workers’ compensation benefits.
Believe it or not, the first workers’ compensation benefits were awarded in ancient Sumer (the site of present-day Iraq) in 2050 BCE. The law codes of the period outlined how much compensation a worker was eligible for depending upon which part of their body was injured.
Workers’ compensation laws came slowly to the United States. In the early years of the 20th century, several states tried to pass workers’ compensation laws but failed to do so in the face of opposition from employers. The turning point may have been Upton Sinclair’s novel “The Jungle,” which detailed the horrors of Chicago slaughterhouses. This outraged the public about the conditions workers were facing.
Wisconsin was the first state in America to institute a workers’ compensation system in 1911, while Mississippi was the last one to do so in 1948. Basically, today’s laws remain somewhat similar to when they were first instituted — employers are required to provide workers’ compensation insurance for full-time or part-time injured workers.
The idea behind workers’ compensation was to provide protection for both employer and employee. If a worker had been injured on the job before workers’ compensation laws, they could sue their employer. If the employee won the suit, it would often cost the employer a significant amount of money. If, however, the employer won the suit, the employee would receive nothing.
The original workers’ compensation laws were a compromise between the two positions. Workers’ compensation laws are no-fault laws – this means it does not matter who is responsible for the injury, either the worker or the employer. This part of the workers’ compensation law can sometimes differ from state to state. For instance, in Kansas, if an employee shows a “willful failure to protect against injury,” an employer may deny an injured worker benefits.
Defining a “willful failure,” however, is one of the many reasons that it’s important to hire an experienced workers’ compensation attorney when you’ve been injured on the job.
It is important to note that in return for providing employees with workers’ compensation benefits, the employee gives up the right to sue their employer. An employee may still sue their employer if they wish but by doing so they are saying that they do not wish to take part in the workers’ compensation process.
What Does Workers’ Compensation Cover?
Workers’ compensation insurance provides benefits to injured workers according to each state’s applicable law. There are basically four different kinds of benefits:
- Medical
- Wage-Loss (also known as Disability)
- Rehabilitation
- Death
Most states have placed limits on how much an injured worker may collect from workers’ compensation, but that amount differs from state to state.
1. Medical
If a worker is injured on the job, they may be eligible to receive medical benefits. These benefits cover all “reasonable costs” associated with the worker’s injury. These costs include emergency medical treatment if needed, treatments in hospitals, doctors visits, nursing care, all prescriptions and medications, physical therapy, diagnostic tests and any equipment that an injured worker may need while they are healing, such as wheelchairs or crutches. The benefits apply only to the injury that the worker suffered on the job.
In most states, you are required to see a physician selected by your employer. Some states allow you to use your own physician after a certain period. In Kansas, your employer is entitled to choose the physician, although you might be able to change your doctor if you applied to the Director of Workers’ Compensation. You may also be entitled to receive some compensation if you are required to travel more than five miles to see a physician in Kansas or if you need to hire transportation to keep an appointment with a doctor.
2. Wage-Loss (Disability) Benefits
If the physician treating an injured worker says that they should not work or that their injury means they can only work part-time and the employer’s insurance carrier accepts their claim, the injured worker should be entitled to receive wage-loss benefits. These benefits do not cover the entire amount of an injured worker’s salary but, in most cases, will provide as much as two–thirds of the total salary. The two-third total, however, is subject in most states to a maximum amount.
This total is decided by using what is known as the average weekly wage that the injured worker was earning before the injury. How much you will receive in wage loss benefits often depends upon the kind of injury that you have received.
For instance, in Missouri, if you are off work for several weeks, you may be eligible to receive two-thirds of your average weekly wage up to the maximum amount of benefits awarded. If you have suffered a permanent injury, however, you may also be eligible for what is known as a scheduled loss benefit. This is a list that allocates weekly benefits if you suffer the total loss or use of a body part.
In Missouri as well as Kansas, your workers’ comp benefits are tax-free. Your benefits will be calculated as 66 2/3% of your average weekly earnings, up to each states’ current established maximum.
3. Rehabilitation
If an injured worker is unable to perform the tasks or the duties of their old job, many states will provide vocational rehabilitation. This rehabilitation aims to help injured workers train to perform new jobs with their current employer or gain skills that will prepare them for a new job with another employer.
In Missouri, the employer needs to authorize vocational rehabilitation for the injured worker. In Kansas, vocational rehabilitation is voluntary, but a workers’ compensation attorney may be able to persuade your employer and their insurance carrier to provide you with it.
4. Death
If a worker is killed on the job or if they suffer an injury that leads to their death, the deceased worker’s spouse and minor children may be eligible for death benefits. Workers’ compensation benefits also include burial costs.
In most cases, a spouse eligible for death benefits will continue to receive them until he or she remarries. Minor children of the deceased worker should receive benefits until they turn 18. In some cases, if they are pursuing a college or university education, children may receive benefits until they are 22.
5. Enhanced Benefits in Missouri
After 2014, Missouri enacted new rules, offering enhanced weekly payments for workers who have been totally or permanently disabled or fatally injured due to occupational diseases caused by a toxic substance exposure on the job. If you have developed cancer after being exposed to asbestos or have another eligible condition, you may qualify. Speak to a workers’ comp benefits lawyer in the Kansas City or Joplin, Missouri offices of Phalen Law Firm if you think you may be eligible but have not gotten these benefits.
Additional benefits are available for emergency personnel who suffer fatal injuries in the line of duty. Missouri offers additional benefits to air ambulance pilots and nurses, firefighters, law enforcement officers and other emergency personnel who lose their lives in the line of duty.
Workers’ Compensation Laws in Kansas
If you live in Kansas and you are injured on the job, there are specific laws that apply to workers’ compensation
1. Time Limits
You have 20 days from the day that you seek treatment for a work-related injury to report that injury to your supervisor or your employer. This includes the first time that you seek treatment for repetitive trauma such as carpal tunnel syndrome.
It is very important that you observe these timelines. If you wait longer than 20 days to report your injury, your workers’ compensation benefits will likely be denied. It’s also important to note that if you wait until the last few days to report, you provide your employer’s insurance carrier with a reason to argue that you weren’t hurt as badly as you say. Always report your injury as soon as you know you are injured.
2. Waiting Period for Wage-Loss/Disability Benefits
After you report that you are injured and you are off work for seven days, you are eligible for wage compensation benefits. You will only be paid for the first seven days you are off, however, if you are off work for 21 or more days.
3. Maximum Benefit Amounts
The maximum amount that an injured worker is entitled to receive in wage benefits is $155,000 for a permanent total disability and $130,000 for a permanent partial disability. The current maximum amount of the average weekly wage a worker can receive is $666. The most a spouse or dependent children can currently receive as a weekly death benefit is $444.
4. Choice of Doctor
If an injured worker wishes to use their own physician rather than the one chosen by their employer, workers’ compensation will cover some of the cost but only up to a benefit of $500. In reality, this will only cover one or two visits.
5. Coverage
Kansas law requires all employers in the state to provide workers’ compensation unless an employer is involved in certain “agricultural pursuits” or has a payroll of less than $20,000. If you are a farm laborer injured on the job, speak to a workers’ compensation attorney right away to determine if you are covered or not under the law.
6. Resolving a Workers’ Compensation Dispute
If your employer’s insurance carrier denies your claim, you may request a hearing before a workers’ compensation judge or choose a dispute resolution option, including mediation. Kansas does not require that you engage in any mediation before your hearing.
Workers’ Compensation Laws In Missouri
If you are injured on the job in Missouri, there are a different set of laws that will apply to your workers’ compensation claim.
1. Time Limits
If you have been injured on the job, you have 30 days to notify your supervisor or your employer of this injury. There is also a two-year time limit to file a claim with the Missouri Division of Workers’ Compensation. Once again, we need to stress the importance of notifying your employer as soon as possible of your injury. Also, if your employer’s insurance carrier denies you benefits, do not wait until the two-year period is almost up to file a claim.
If you have any questions about these time limits, speak to a workers’ compensation attorney.
2. Waiting Period for Wage-Loss/Disability Benefits
You will start to receive wage loss benefits after you have been off the job for three days. You will only receive payment for these first three days if you are off the job for 14 days.
3. Maximum Benefit Amounts
Under Missouri workers’ compensation laws, the current maximum benefit based on the average weekly wage for temporary total disability is $981.65. The amount for a partial permanent disability is $514.20. The amount for a permanent total disability or for death benefit is also $981.65. You should talk to an experienced workers’ compensation attorney to determine which category of benefits you may receive.
4. Choice of Doctor
Your employer has the right to choose your doctor.
5. Coverage
Any business or individual that employs more than five people is required to provide workers’ compensation insurance. Any business or individual that works in construction is required to provide workers’ compensation even if they only have one employee.
6. Resolving a Workers’ Compensation Dispute
If your employer’s insurance carrier denies your initial claim or there is a dispute about your benefits, there are several ways to potentially resolve this problem. You can approach the Missouri Division of Workers’ Compensation Dispute Management Unit. You can request a conference with an Administrative Law Judge. You can also directly file a claim with the Missouri Division of Workers’ Compensation. If you have a question about which is the best option for you, speak to an experienced workers’ compensation attorney.
10 Questions To Ask Your Workers’ Compensation Attorney
If you have been injured on the job in Missouri or Kansas you will no doubt have many questions. Here are a few important ones:
1. Will I Need a Workers’ Compensation Attorney?
In most cases, yes. If you only miss a few days of work and you’re feeling completely healed, it’s probably not necessary. It’s not unusual, however, for an insurance carrier to deny an injured worker benefits even if they’ve only missed a few days of work, let alone for longer absences. It’s almost always better to work with a workers’ compensation attorney. The attorney will know all the tricks that the insurance company will try to play on the injured worker and can also help the worker collect the documentation that they will need to prove their case.
2. What If The Accident at Work Was My Fault?
Workers’ compensation is a no-fault system. Whether the fault is yours or your employer’s, you may still be eligible for workers’ compensation. Kansas has a “willful ignorance” clause. If you are denied benefits for this reason, contact an experienced workers’ compensation attorney immediately.
3. What Are the Kinds Of Benefits I Can Receive From Workers’ Compensation?
In most cases, you may be eligible to receive medical, wage loss/disability, vocational rehabilitation and death benefits. Whether you qualify for these benefits and how much you’re eligible for depends upon which state you live in.
4. How Much Should I Tell a Doctor about My Injury?
Unless you are medically unable to do so, you should tell every physician that you see, whether in a hospital emergency room or during a visit to a doctor or specialist, that you were injured on the job. Do not lie about how you were injured and do not exaggerate your injury. Be straightforward and clear.
5. Will I Be Compensated If I Have to Miss Work to Attend a Doctor’s Appointment?
In most cases, you may be eligible to be compensated.
6. Do I Need to Go to a Hearing?
Some claims may result in a hearing before a workers’ compensation judge. Both Missouri and Kansas, however, have resolutions for mediating benefits disputes. An experienced workers’ compensation attorney can help you resolve these issues most of the time. They can help you reach a fair settlement and avoid the expense and tension of a hearing.
7. When Should I Settle With My Employer?
Employers or their insurance companies will often try to force a settlement on an injured worker as soon as they can. In most cases, this will not provide the injured worker with the compensation they deserve. Never accept a settlement offer from your employer without speaking to an experienced workers’ compensation attorney.
This is especially true if you have a long-term or permanent injury. It’s important to wait until your doctor has told you that you have reached Maximum Medical Improvement, at which point it is unlikely that your health will improve. At this point, you will have a much better idea of how long you will be unable to work and what your medical costs will be.
8. Can I Sue My Employer?
No, not if you want to take part in the workers’ compensation process. In some cases, you may be able to sue a third-party. For instance, if you were in a car accident while you were working and the car accident was the other driver’s fault, you can sue the other driver while still collecting workers’ compensation from your employer.
9. Does Workers’ Compensation Cover My Pain and Suffering?
No. Workers’ compensation does not provide benefits for pain and suffering.
10. Can I Be Fired for Filing a Workers’ Compensation Claim?
No. State laws are very strict about this. An employer may not fire a worker because they have filed a workers’ compensation claim. In some cases, they can terminate an injured worker for another reason, such as planned layoffs. Even if you’re terminated for this reason, you will continue to receive workers’ compensation benefits. If you think your employer has used a dishonest reason to fire you, call your workers’ compensation attorney immediately.
Contact a Worker’s Compensation Benefits Lawyer Today
Contact an attorney if your benefits are denied, if your benefits do not cover your costs, if your benefits are lower than they should be or if you encounter any difficulties when filing your claim or receiving your benefits.
Contact one of our Missouri or Kansas offices for a consultation today. Our attorneys can help you fight for your workers’ comp benefits in Kansas City, Pittsburg, Coffeyville, Joplin, Missouri or your community. For decades, our team has helped thousands of injured workers secure the benefits they deserve.