Monthly Archives: June 2011

Know Your Rights Following Workplace Injuries in Kansas City

Most employers take every precaution to protect the health and well-being of their employees. Unfortunately, in spite of their best efforts, accidents, injuries and illness still occur in the workplace. Federal and state laws outline the responsibilities and obligations of employers in these events, as well as the rights of injured employees. Know those rights and act promptly to ensure you receive the medical attention and compensation that are rightfully yours.

You have the right to seek medical attention following an accident in the workplace. People sometimes delay or refuse seeing a doctor out of fear of repercussions from their employer. In fact, law prohibits an employer from taking any action against an employee for reporting or seeking medical attention for a workplace injury or for filing a workers compensation claim. See a doctor following an accident, even if you think you are alright or that the injury is not severe. Symptoms of injuries sometimes surface hours or days after an accident. Failing to see a doctor could jeopardize receiving benefits to which you are entitled.

You have the right to whatever treatment is necessary to heal a workplace injury. There may be restrictions on which doctors you can consult, so be sure to report the accident immediately and ask for instructions on how to obtain medical care. Follow the doctor’s instructions, get all tests, treatments and therapy that are ordered, and show up for any scheduled follow-up visits to the doctor.

You have a right to compensation during the time you are convalescing. Depending on the state in which you live, these payments may be called workers comp, disability payments, indemnity, or income replacement. The payments should be made to you until your doctor clears you to return to work.

If you are permanently disabled as a result of an occupational injury, you have a right to vocational counseling and retraining. Your employer will have to provide a vocational counselor to help you explore alternative work that is within the limits of your capabilities.

You have the right to seek legal counsel if you feel any of the benefits due you are being withheld. If your employer fails to provide timely responses to your inquiries, denies you medical attention, tries to talk you out of filing a claim, takes punitive action against you for reporting the accident of filing a claim, or if your claim is denied, contact an attorney with experience in workers comp and personal injury law. He or she can review your case and recommend a course of action to help you receive the benefits to which you are entitled.

Call our law firm to discuss you legal rights under the law to obtain worker compensation by speaking with a Kansas City workers compensation attorney about your case. We can help, call us today.

Workers Compensation Claims in Kansas City Affected By Kansas Governor Signing H.B. 2134 In To Law

Every day, each one of us goes off to work. We worry about traffic, workload, meetings etc., along with what we have obligated ourselves to after the work day and week has ended. We work to sustain and maintain a lifestyle. Seldom, do we ever think about getting injured at work, injured to the point of possible disability. Just think about that for a minute. . . . . . . Ok, now that you’ve thought about it, what would you do if your workers compensation claim was denied? Oh, so you think it “can’t” be? Well, it happens and it happens all the time. Due simply to lack of guidance and the knowledge of the victims rights people suffer when compensation is available. Legal advice is available to you, do not hesitate another moment before making a call that can easily improve the situation for the injured victim.

In April of 2011, the Governor of Kansas signed into law H.B. 2134. This is the first reformation of the states workers compensation law since 1993. The new law is seemingly a compromise between companies and their employees. Listed below is an overview of H.B. 2134:

* Ends payment of unwarranted claims by raising the minimum required for an incident to be compensable;

* Overturns court decisions that eroded the workers compensation system;

* Clarifies that employers are entitled to a credit for pre-existing conditions; and

* Increases benefit caps for injured workers who have lost the ability to work.

What does this mean to you? Once you have been injured on the job it is imperative you become immediately aware of your rights. Without knowledge and the proper legal guidance it is impossible to receive what you are entitled to and for any extended amount of time. Under the Kansas Workers Compensation Act, the burden of proof is on the victim to prove their right to compensation and to prove the various conditions these rights depend upon. The whole picture is viewed when deciding whether the injured victim has satisfied the burden of proof.

Mike Lawless can advise on whether to bring a claim and provide the best legal advice. At Lawless law firm we work diligently with doctors and taking any and all legal action necessary to obtain compensation for injured or disabled victims. We will work for the victim in claims and denied claims to get the compensation you deserve.  Let us maximize results and get you what you deserve and are entitled to by law. Let us guide and help you, with our experience and knowledge, in making certain that your rights and your family are protected and taken care of. You cannot and should not do it alone. Call our Kansas City Workers Compensation lawyer today at 1-800-734-3771 for a free consultation! We are ready and waiting. We will gladly schedule weekend or night appointments to meet your working needs.