Author:
Kimberly J. Benjamin, Founder & Managing Attorney
July 27. 2021.
What Does a Workers Comp Lawyer Kansas City Do?
Workers’ compensation lawyers are experienced in helping employees from various organizations, businesses, or companies settle their workers’ compensation cases if insurance companies fail to do so. They assist workers by taking efficient action to obtain coverage for medical care expenses for those injured on the job.
Unlike your employer’s insurance carrier, who may not be entirely concerned about your welfare and compensation after the incident, a workers’ compensation lawyer will protect your best interests.
The Role of a Workers Compensation Attorney
Apart from representing the injured worker, a workers’ compensation lawyer also conducts discovery and performs legal research in workers’ compensation claims. This most frequently involves the gathering of medical bills, records, and other pertinent medical evidence.
Workers’ compensation attorneys answer questions and guide their clients through the worker’s comp legal process. They represent the claimant’s interests at trials, hearings, depositions, mediations, and other proceedings. At the end of it all, they will negotiate settlements on behalf of their clients to ensure fair compensation.
When Should I Hire a Workers Compensation Attorney in Kansas City?
The perfect time to seek help and hire a workers’ compensation lawyer is immediately after you get injured. This is the ideal time as the lawyer will guide you and offer legal advice on the way forward before evidence and memories begin to erode.
It is important to note that not every injured worker will have to hire a lawyer. If you happen to suffer minor injuries at work that require minimal treatment or if your employer agrees to pay the total value of your claim, you probably won’t need a workers’ compensation lawyer to represent you.
Common Insurance Issues Faced By Injured Workers
Insurance companies are more likely to dispute workers’ compensation claims that involve the following.
- Pre-existing conditions
- Injuries that do not require extensive medical treatment
- Injuries that do not end up being permanent injuries
- Injuries that do not necessitate extended periods off work
If you happen to be in dispute with your employer’s insurer, now is an excellent time for your lawyer to get involved. You will need to gather as much evidence as possible. Such disputes between you and the insurance company may include the following.
- Claim denial
- Your permanent disability rating being disputed
- Not being able to cater for medical expenses
- Ability to continue working being affected
- Having a preexisting condition involving the same area where you got the injury
Available Worker’s Comp Benefits
According to the Missouri Department of Labor, in addition to medical benefits, employees injured on the job may be entitled to temporary total disability benefits and permanent total or permanent partial disability benefits.
If the doctor says an injured employee cannot return to work due to suffered injuries, they may be eligible to receive temporary total disability (TTD) benefits. These benefits should last until their condition reaches the maximum medical improvement or until their treatment is finished.
However, if the doctor says an injured employee can return to work and perform modified or light duty work, and their employer offers that type of work, they are not eligible for TTD benefits. But if that occurs at less than full pay, these benefits should be paid under the law.
On the other hand, permanent total disability means an injured employee cannot work at any job. These employees may be entitled to weekly benefits payment for life from their employer and its insurance company or a lump-sum settlement instead. In cases of permanent partial disability, an injury a worker has suffered affects their ability to do specific jobs. However, they can still work in some capacity, but that doesn’t have to be the same job they had at the time of their injury.
Is a Workers Comp Attorney Kansas City Worth the Cost?
You are probably not sure if hiring a lawyer is worth it. Well, when a lawyer is involved, you are at a better chance of getting a much higher settlement amount you would have received if you were representing yourself. Because lawyers are well-versed with the law, they know how to negotiate for better settlements and use the right tools to build a case on your behalf. So, yes, in the vast majority of cases, a workers’ compensation attorney is worth the cost.
When it comes to payments, most workers’ compensation lawyers do not charge on an hourly basis. Instead, they charge a contingency fee which is a percentage of any workers’ compensation benefits that help you recover.
Workmans Comp Lawyer Kansas City Missouri: How to File a Claim
When you get involved in an accident while at work in Kansas City, you will have to report the personal injury to your employer as soon as possible. A worker may obtain an injury from a one-time task or repetitive work activities.
Injured employees are protected by worker’s compensation laws in numerous ways. However, according to the state law of Missouri, all Kansas City workers must notify employers about the personal injury obtained within 30 days of the date on which the injury occurred. The state recognizes exceptions in certain circumstances, but reporting it as soon as possible is recommended to be on the safer side.
Filing a claim in Missouri begins with submitting a form known as a claim for compensation. Once a worker files a report and gets the necessary medical treatment, the injured workers have about two years to file the paperwork entitling them for monetary or workers’ compensation for any permanent disability or impairment caused, if any. In Missouri, if the employer fails to file a report of the injuries caused, the injured workers have up to 3 years to file the workers’ compensation claim.
There are exceptions to these general state rules as per the statute of limitations. In any case, it is best to seek legal services from a workers’ compensation lawyer to ensure that timely and efficient action is taken.
Common Types of Workplace Injuries and Accidents in Kansas City, Missouri
There are various types of work-related injuries that Kansas City workers get involved in. They include fractures, spinal cord injuries, head injuries, back injuries, eye injuries, injured joints, neck injuries, to name a few. In some cases, severe injuries may cause wrongful death.
Some of the common workplace accidents include slip and fall accidents, crane accidents, accidents that result from improper training of workers, explosions, exposure to toxic substances, negligence contributed from failure to provide fall protection, repetitive motion injuries, auto accidents (when the job involves driving a motor vehicle), and construction accidents.
Experienced Comp Lawyer For Workers In Kansas City
At Benjamin Law Firm, we are skilled trial lawyers committed to helping injured people navigate all stages of their workers’ compensation cases. As trusted Kansas City workers’ compensation lawyers, our goal is to ensure that all injured workers in Kansas City, Missouri, who choose our workers’ compensation attorneys to represent them get the maximum workers’ compensation benefits.
Contact a Trusted Workers’ Compensation Lawyer for Legal Advice & Advocacy
After years of combined experience serving the Kansas City metro area, we expanded our criminal defense practice into a comprehensive law firm. Our law firm has an extensive track record of success, built on the foundation of a solid attorney-client relationship between our personal injury lawyers and injured clients.
We work tirelessly to ensure all injured workers get passionate legal representation and total compensation whether it is wage replacement for the lost wages or medical bills resulting from the work-related injury. Ready to begin the claims process with the help of our trusted Kansas City workers’ compensation team? Book an appointment with us today by calling our law office or filling out our online contact form and get a free consultation from our attorneys.
