April 26th, 2012
Today, many are feeling the economic depression all across the United States no matter what age an individual is. Many older Americans have to take money out of their retirement accounts in order to pay taxes on things that they once did not have to. Younger Americans are being immediately handed many tax fees to pay, as well as face having to pay higher interest on many things that they purchase unlike in the past. As a result, many individuals are making sure that they not only have a job, but also are keeping their job in order to bring in the paycheck.
However, when you are on the job you need to make sure that you understand worker’s compensation and what the common injuries in the work place in the event that you happen to be injured on the job and need to know what individual’s with the similar situations have done in the past.
The top work place injury is overexertion, which occurs 25.1% percent of the time. This injury is thanks a job that physical requires a lot of an employee, which can easily range from lifting large, heavy objects to or having to push and pull things as well.
Falls on the job rake in close to 25% ranging from same level falls being when individuals fall on a surface that is level with their current position, or falls on a lower level where an individual falls to a surface lower than their current physical position.
10% accidents can be seen contributed to by bodily reactions. When you stand up and slip, bend a part of your body, or slipping or tripping without falling you can easily sustain many injuries that result in broken bones, brain damage, and even severe cerebral spine damage as well.
When you are on the job it is extremely important that you demonstrate great safety techniques and understand and comprehend the environment in which you work. One wrong mistake could easily result in your injury in an instant. However, when you are injured make sure to contact an experienced workers compensation claim attorney today to see what options you have when it comes down to your damages.
Changes are constantly made within the field of employment, so if you plan on filing a workman’s compensation claim, it would be best to seek professional help. It is important to have someone on your side that knows the law and knows how to make it work for you. Michael R. Lawless, P.A., Attorney at Law specializes in these types of case. He provides a free consultation, including evenings and weekends by appointment, at their offices in Lenexa, Kansas or Grandview, Missouri offices. Call today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
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April 12th, 2012
With the economy being in a state of depression at the moment many individuals are becoming concerned with money matters more than ever. Americans as a whole have changed from spending to saving over night and are now making sure that they spend their money on necessities and not luxuries. However, the economy has also affected the job market as well, which has left many without a job, and many clinging to their employment no matter what negative conditions exist. However, many individuals are being injured on the job and not filing a worker’s compensation claim in order to keep their employment, which is hurting them even worse.
A worker’s compensation claim is what employees file when they have been injured on the job. It is there to make sure that their employer knows the situation at hand and what injuries were resulted due to the incident. From there, the employee should give the employer their medical bills and any other bill that is associated with the cost of the injury. Usually, employees can also get a check for the hours that they lost as a result of the injury as well.
However, some employers have been known to not keep up with the needs of their employees and ultimately end up leaving them in the dark at the end of the day. Many cases are now coming to light that show employers have not only not followed up with their employee’s injury, but also refused to pay for their expenses. Why though? Most of the time, the employers that will not pay say that the accident occurred with the employee who knew rules, regulations, and safety precautions. However, many accidents do not occur as a result of lack of safety, but most of the time are very situationally and need to be dealt with on a case-by-case basis.
When you are injured on the job make sure to fill out the appropriate paperwork and alert your boss and company authorities. However, as we all know nothing ever is perfect and when your claims go unnoticed, or are being ignored make sure to contact an experienced worker’s compensation lawyer today in order to help fight for the damages you need, and deserve.
Changes are constantly made within the field of employment, so if you plan on filing a workman’s compensation claim, it would be best to seek professional help. It is important to have someone on your side that knows the law and knows how to make it work for you. Michael R. Lawless, P.A., Attorney at Law specializes in these types of case. He provides a free consultation, including evenings and weekends by appointment, at their offices in Lenexa, Kansas or Grandview, Missouri offices. Call today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
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March 16th, 2012
Within our world today one individual that you will see at one point or another, no matter who you are, where your from, or what income will be a health professional. Whether it is a doctor that you are seeing for a sickness, a dentist who is there to help make sure your teeth are properly taken care of, or even a physical therapist after a car accident in order to make sure that your muscles and joints are properly working health professionals are everywhere and relate to all aspects of our life.
However, one profession is there with you every step of the way, and that is a nurse. Nurses are there to help make sure you get all the medication you need, what you need to make your stay at a hospital comfortable, and are even the ones that give your children the sucker right after they get their shots. Yet, why are these professionals not receiving the adequate worker’s compensation they deserve?
In one particular case a male nurse gained the illness hepatitis C as a result from working within an emergency room in a hospital. As a result the man, who apparently suffered from a pre-existing minor form of depression, eventually was unable to work due to the symptoms of the illness and an increased mental depression. In court the man did receive the damages for hepatitis C, but did not receive them for his heightened depression because it “did not prevent him from his current state of being unable to work”.
When you are employed and begin to experience signs of depression or other mental disorders make sure to seek out the help of a doctor, or licensed health professional. From there it is important to let your employer know of this condition so that they can be knowledgeable of your needs. If not, you could end up like this nurse and not receive secondary injury benefits, like his depression, and end up with more than you bargained for.
Worker’s compensation is a serious matter and should be handled carefully with a experienced attorney by your side. If not, you could easily have your secondary injury benefits gone in an instant.
Changes are constantly made within the field of employment, so if you plan on filing a workman’s compensation claim, it would be best to seek professional help. It is important to have someone on your side that knows the law and knows how to make it work for you. Michael R. Lawless, P.A., Attorney at Law specializes in these types of case. He provides a free consultation, including evenings and weekends by appointment, at their offices in Lenexa, Kansas or Grandview, Missouri offices. Call today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
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March 12th, 2012
Workers compensation is there not only to give financial damages to an individual for any injuries that they have sustained, but it is there to ultimately help them get back to work. While some individuals take advantage of the system and try to get more money than they deserve, others truly rely on this money to help them pay medical bills that are associated with their injury and simply just to get back on their feet. Today, many lawmakers are proposing changes within worker’s compensation claims in order to have more injuries covered by that of the program. Yet, is this helping or hurting your chances of getting the damages you truly need, and deserve?
While adding more workplace injuries to a program that would make the ones covered automatically assume that it is a good thing. Such things as illnesses and other forms of injuries will be taken in, which limit the liability that an employer has to have,which means less law suits altogether. However, this does mean that a cap, or a maximum amount, will be set on the injuries that are looked at as possible routes to workers compensation claims. Basically, it means that you could have an injury that you end up having to seek medical attention for. Yes, it will be covered under worker’s compensation, but that does not mean it will cover all of it.
Individuals can easily assume that their bills would be completely paid for, as they should be. The law also limits the type of things that individuals can sue their bosses, or employers for. Another aspect of the changes that can soon be seen is that of worker’s who are not registered and documented employees not receiving worker’s compensation at all.
In today’s day and age, especially with the economy in its state you not only deserve worker’s compensation, but you need it. When you are injured while on the job do not hesitate to contact a dedicated, and committed attorney to help you every step of the way in order to get the damages you are rightfully entitled to.
Changes are constantly made within the field of employment, so if you plan on filing a workman’s compensation claim, it would be best to seek professional help. It is important to have someone on your side that knows the law and knows how to make it work for you. Michael R. Lawless, P.A., Attorney at Law specializes in these types of case. He provides a free consultation, including evenings and weekends by appointment, at their offices in Lenexa, Kansas or Grandview, Missouri offices. Call today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
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February 14th, 2012
Today, we live in a world that is full of technology. Years ago simple tasks take days upon days to do such as properly doing laundry, communicating with others that are not relatively close, and even getting food. Today, we now do not have that of the same issues presently within our society and communities. Communication is done almost instantly to anywhere in the world in the palm of your hand, we have grocery stores and fast-food restaurants at our disposal, and we now rely on that of common appliances to help us complete our daily chores. However, is technology always helping us?
The United States is currently within an economic recession that is impacting the country in multiple ways. Individuals are losing their jobs, and if not, they are taking a heavy pay cut in order for the business to be kept afloat, or even that of other employees. If you experience an accident while at work that has to deal with the tasks and assignments that you are employed to do you are entitled to damages. When you have to take off work for your injuries, you are not only feeling the pain physically, but also financial due to medical bills and even lost wages.
However, social media is now not only connecting individuals to one another in a positive way, but is also hurting them and their workers compensation claims. With websites such as Facebook where individuals can check into locations, upload photos and videos, and let people know what is on their mind there is little privacy left in the life of an individual today.
Yet, the information you share and upload can easily impact your workers compensation claim damages that you are awarded. One story shows us just how far what you share can really go. A woman had filed a worker’s compensation claim for hurting her lower back and hips while on the job and stood to gain damages between $50,000-$70,000. However, the woman uploaded a video on Facebook of her son’s wrestling match that showed herself jumping in bleachers and seemingly moving without pain. As a result, she had to settle for less than $5,000. Make sure that not only when you are going through a worker’s compensation claim, but also always being cautious in the information that you share on the internet.
Changes are constantly made within the field of employment, so if you plan on filing a workman’s compensation claim, it would be best to seek professional help. It is important to have someone on your side that knows the law and knows how to make it work for you. Michael R. Lawless, P.A., Attorney at Law specializes in these types of case. He provides a free consultation, including evenings and weekends by appointment, at their offices in Lenexa, Kansas or Grandview, Missouri offices. Call today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
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February 10th, 2012
The daily life of individuals can only be assumed to be the same for many from the beginning to end. We wake up and begin to get ourselves ready for the day ahead, we go to work or school, eat our lunches or snacks, come home and eat yet again, finish any tasks that need to be done before the next day, and then sleep and repeat the process all over again. However, everyone wants his or her day to run as smoothly as possible with every aspect possible. Especially when it comes to that of their job and employment status.
However, we can only assume that not everything goes according to plan every day and mistakes are bound to happen. When you are on the job and injured for participating in the work that you were assigned to do you are entitled to damages for the injury you have sustained from the incident. Usually, individuals can suffer not only physical pain from this occurrence, but also have to deal with the stress and issue of having medical bills as well as lost wages come into their paths
When you experience an accident on the job it is important to make sure that your case is brought to the immediate attention of all parties that need to be associated with the case such as lawyers, your employer, and any higher administration that is involved with the company or business you are employed for. If your injury and case goes unattended for without high priority and immediately being brought forward to the proper authorities you could easily lose time, money, and effort that could contribute to your case, and being awarded the damages that could be granted when your case.
Injuries are never a variable that anyone takes into consideration when they are moving around from place to place doing their daily tasks, but they are bound to happen in one way or another. Make sure that when you are injured on the job that you file the appropriate paperwork to the parties that are associated with the injury and your employment in a timely manner so that it will ultimately pay off now, and later down the road.
Changes are constantly made within the field of employment, so if you plan on filing a workman’s compensation claim, it would be best to seek professional help. It is important to have someone on your side that knows the law and knows how to make it work for you. Michael R. Lawless, P.A., Attorney at Law specializes in these types of case. He provides a free consultation, including evenings and weekends by appointment, at their offices in Lenexa, Kansas or Grandview, Missouri offices. Call today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
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December 14th, 2011
If you are hurt on the job, you employer can dictate where you receive treatment. This is done by the employer listing a posted panel of physicians, which means that if your employer provides you a list of doctors that are deemed valid, than these are the doctor’s that the company allows you to visit most times, on the company’s dime, thus dictating your treatment. It may come as a surprise, but many times the doctor’s that are listed on the panel tend to have the company’s best interest at heart as opposed to yours as the patient. As a patient, the thought of such likely things occurring is not only frightening, but also terrifying.
You may go in to visit one of the approved doctors on the list because you are really hurt and be written off and be sent back to work, and then find yourself in surgery less than a month later. That’s the last thing that you, as a patient and employee, want to happen. Previously, workers were given the right to an independent medical exam. It overall means that an injured employee can ask to be checked out by a doctor that he or she chooses, even if the doctor is not on the list of approved physicians. The visit would still by paid for by the company’s insurance.
The insurance company could overall truly really help your workman’s compensation claim, if it is done effectively. It can be used to fight an unfair claim made by doctors that are on the panel of approved physicians or go against advisement to return to work sooner than is safe for your health. It can also be used to help you receive the proper settlement demand that you deserve. The insurance company will only pay for one independent medical exam. Because of this, it is vital to use the exam wisely, especially if you have more than one injury.
You need to have the injury that is most pressing at the time. If you find yourself in this position, there are a few things that you need to remember. The first is that you only get one independent medical exam, so use it wisely. This could be crucial in your workman’s compensation case. Another thing to keep in mind is that the insurance adjuster is not in the position to tell you when to get your independent medical exam.
Changes are constantly made within the field of employment, so if you plan on filing a workman’s compensation claim, it would be best to seek professional help. It is important to have someone on your side that knows the law and knows how to make it work for you. Michael R. Lawless, P.A., Attorney at Law specializes in these types of case. He provides a free consultation, including evenings and weekends by appointment, at their offices in Lenexa, Kansas or Grandview, Missouri offices. Call today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
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November 8th, 2011
If your spouse has been injured due to a work related injury or and injury on the job, things can become increasingly more difficult at home. In some unfortunate events the injury is extensive enough that the spouse can’t do the basic necessities without assistance. If this happens, who takes care of the injured worker?
If you are the one that is left to take care of your husband or wife, you may be able to receive payment for “attendant care.” This means if you are doing the job of a non-medical care attendant, you may be entitled to payment as well. Hospitals usually waste no time in releasing patients to go home after their health is secured. They spend most of their recovery time at home, occasionally visiting physical therapy or rehab.
In some states, the law requires the employers or the employer’s insurance agency to provide care that is needed to ensure that the employee recovers fully. The court also set the precedent that the care or services provided by a family member is not excluded from reimbursement, and a spouse can be paid for performing tasks such as helping the injured spouse get dressed or bathed, making meals, or acting as a chauffeur.
The employer can make the case that the spouse would do these things regardless, but the court did not rule in their favor. This precedent is not necessarily common knowledge and even come insurance companies are not aware of it. Because of this, insurance companies do not offer to pay to reimburse the spouse for acting as a service attendant.
One thing that helps the spouse to receive payment is to have a doctor write a letter specifying that the injured employee needs the care of an attendant. People like family members or spouses that are not medical attendants are eligible to be paid in accordance to State Board’s fee schedule. This sets an hourly rate of pay. Often times, the insurance companies try to avoid paying spousal reimbursement. If you plan of filing for spousal reimbursement, then you need to contact a lawyer. Lawyers are skilled in handling situations like these and can work to get you the money that you deserve.
These are a lot of changes that have been made, so if you plan on filing a workman’s compensation claim, it would be best to seek professional help. It is important to have someone on your side that knows the law and knows how to make it work for you. Michael R. Lawless, P.A., Attorney at Law specializes in these types of case. He provides a free consultation, including evenings and weekends by appointment, at their offices in Lenexa, Kansas or Grandview, Missouri offices. Call today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
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November 7th, 2011
Being injured on the job is a serious matter. Within some states, your employer controls where you go to get medical help as long as it is considered valid. You will get help from a “posted panel of physicians. “ A posted panel of physicians is a list of doctors ranging in specialties that are approved by your employer as doctors that at you may visit on the company’s dime. Sometimes, these doctors show favor to employers. They give an employee a clean bill of health, yet the employee has to have surgery because of the injury not long after being cleared.
Some states have passed legislation that allows workers to choose to have an independent medical exam. They called it the “claimants IME” and with this, the employee can ask for an exam done by a doctor of his or her choice, which the employer’s insurance has to pay for. If this independent exam is used properly, it can refute an unfair claim, argue against a premature work return, support changing to another doctor, or give a reason to try for a settlement. If an IME is requested, it needs to be used effectively.
For example, if someone has two body parts that are injured, you need to go to the doctor that deals with the most extensive or prominent injury. The law does not require the employer to pay for more than one IME. This is why choosing what injury is more substantial to handle first is so important. If you find yourself in a workman’s compensation suit, there are things that you need to remember.
You only have one shot to claim an exam paid for by the insurance company. This is why knowing when and how to use it is very important. It is also extremely important who does the exam, so a lot of thought should go into this process. Even if you have multiple injuries, you are only entitled to one independent medical exam. You also need to be aware that the insurance agent is not a good resource to consult about IME advice. This type of advice should come from a lawyer that is experienced in handling workman’s compensation cases.
These are a lot of changes that have been made, so if you plan on filing a workman’s compensation claim, it would be best to seek professional help. It is important to have someone on your side that knows the law and knows how to make it work for you. Michael R. Lawless, P.A., Attorney at Law specializes in these types of case. He provides a free consultation, including evenings and weekends by appointment, at their offices in Lenexa, Kansas or Grandview, Missouri offices. Call today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
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October 7th, 2011
The Kansas Workers Compensation Reform Act became effective as of May 15, 2011. It is the most influential change that has happened to the workman’s comp system in the past 18 years. This new law brings in something that will benefit everyone. It was formed by discussions that were between business interests, and also labor interests. The bill was passed unanimously. The changes are meant to give more substantial benefits to people who have real claims. This will decrease the number of frivolous claims.
The Kansas Workers Compensation Reform Act raised benefit cats. Specifically, they raised the partial disability cap by $30,000, and they also raised the permanent total disability cap by $30,000 as well. It also reverses a previous court ruling and clearly states that “bilateral injuries” will be treated as “general injuries an individual was likely to encounter.” These often result in larger monetary awards. It restricts injuries that can be compensable by saying that it comes from and during employment. It narrows what is compensable, and it excludes some injuries. Some of these exclusions are injuries that were intentionally caused.
Other exclusions include the disregard of safety precautions and safety equipment or roughhousing and fighting. If someone begins work with a condition and it worsens, the employer could have to pay for not only one injury, but also possibly two if the other previous injury is taken care of properly.
The law also redefined what is considered a work disability. It is described as an average of task loss and wage loss. It also states that you cannot be compensated if drugs or alcohol caused your injury. If the employee refuses to take an alcohol or drug test then he or she gives up the right to workers compensation if there is enough evidence to think that drug, alcohol, or other substances that an individual use could be involved in the injury.
If after you the proposed two-year treatment that is awarded to an individual in the court of law needs to be extended, the employee is required to show evidence, such as medical documentation by licensed doctors that the current health state of the individual is still due to an incident that occurred prior. Another change is the time frame that an employee has to report an injury.
These are a lot of changes that have been made, so if you plan on filing a workman’s compensation claim, it would be best to seek professional help. It is important to have someone on your side that knows the law and knows how to make it work for you. Michael R. Lawless, P.A., Attorney at Law specializes in these types of case. He provides a free consultation, including evenings and weekends by appointment, at their offices in Lenexa, Kansas or Grandview, Missouri offices. Call today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
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