Workers’ compensation benefits can help injured or ill employees cover their medical expenses and also, a portion of their lost wages. However, there are exceptions that result in the denial of some workers’ compensation claims. The purpose of workers’ compensation for Kansas workers is to promote a healthy workforce so that injured or ill employees are taken care of in a time of need. Therefore, if a workplace injury or illness is caused by preventable and unnecessary conduct, a workers’ compensation claim can lawfully be denied.
Kansas Workers’ Compensation Law
Under Kansas law, workers’ compensation claims are denied if the injury or illness to the worker results from the following conduct:
- The worker deliberately caused his or her own injury or illness;
- The worker’s failure to use protective measures required by law in order to guard against an accident that causes an injury or illness;
- The worker’s failure to use protective measures provided by the employer to guard accident an against that causes an injury or illness;
- The worker’s reckless violation of the employer’s workplace safety rules and regulations; or
- The worker’s voluntary participation in fighting or horseplay with a co-worker for any reason at all, whether work-related or not.
If you believe your workplace injury or illness may be considered one that was caused by any of the above conduct, you should speak with a Kansas Workers’ Compensation Attorney as soon as possible. There are always exceptions to the rules, and an attorney can determine if you should be eligible for workers’ compensation benefits.
Regardless of how your injury or illness occurred while on the job, it is extremely important to notify your employer of the injury or illness and file a workers’ compensation claim as soon as possible. Take steps to prove your injury or illness and document why you believe the accident occurred. For example, if a co-worker punched you, causing you to fall and injure yourself, your version of the facts will likely be different than the co-worker’s version of the facts. If your employer and/or your employer’s workers’ compensation insurance carrier believe your injury resulted from a fight you were a part of, you may be denied benefits. A Kansas workers’ compensation attorney can help you fight to receive the benefits you deserve.
While some workers may not deserve workers’ compensation benefits when they intentionally caused their own injuries or illnesses, there are a substantial number of Kansas workers who are denied workers’ compensation benefits based on facts that do not tell the whole story. As such, you should consider allowing a Kansas workers’ compensation attorney to stand by your side and advocate on your behalf. With the proper representation and adequate documentation, you should be able to receive benefits to compensate you for the injury or illness you have suffered.
Contact Michael R. Lawless, PA Today to Schedule Your Free Consultation
If you have recently been injured or become ill while on the job, you should seek the advice of a Kansas workers’ compensation attorney as soon as possible. An attorney will thoroughly investigate your workplace injury or illness to determine if your claim may be at risk for denial. With 27 years of experience representing the rights of injured Kansas workers, Kansas Workers’ Compensation Attorney Michael R. Lawless has the skill and dedication to help you receive the compensation you deserve for suffering a workplace injury or illness. To schedule a free consultation to discuss your potential workers’ compensation claim, contact Michael R. Lawless, P.A. today by calling our office locally at (913) 681-5566, or calling our toll-free number at (800) 734-3771. You may also contact us online and we will respond as soon as possible.