Have you been injured in a work-related accident? If so, we can help.
Workers’ compensation benefits are available to employees injured at work. Generally, workers’ compensation claims afford employees who suffered on-the-job injuries to receive statutory based compensation to replace lost wages and cover medical expenses. Missouri and Kansas state laws require employers to carry insurance or self-insure against workers’ compensation claims.
In a workers’ compensation claim, there is no liability, or rather no-fault, for the employer but instead mandates that statutory claims must be paid. No matter what caused your work-related injury, you may be entitled to receive benefits under the law. Workers’ compensation law is a creation of state statute. Consider contacting our workers compensation attorneys immediately after you seek medical care for your injury.
Missouri and Kansas have agencies that administer the state workers’ compensation program. State law also defines what impairment level you are suffering based on a set of rules compared to your occupational function. Your injury may classify you partially or totally, or temporarily or permanently disabled.
Missouri and Kansas also provides a form or schedule approach to calculating your workers’ compensation benefit based on the level of disability you suffered because of the accident directly attributable to your work injury.
What type of benefits am I entitled to under workers’ compensation? It depends.
The workers’ compensation statutes provide the following relief and benefits for your claim:
Medical expenses include travel expenses for doctor’s appointments, the hospital, and physical therapy. You must document these types of costs as you need them. Working closely with your attorney will help you become more aware of your actual expenses and what items you need to claim. Lost wage compensation if you are determined to be partially or, and, either temporarily or permanently disabled due to an on the job injury.
You may also be entitled to compensation for the loss of use or loss of an extremity, hearing, or sight. Here your injury loss will be calculated based on a schedule that includes your specific injury. You may also have a right to vocational rehabilitation to help you get back to work or to help you find another occupation.
"Fault" in workers compensation cases
The protections afforded under Missouri and Kansas workers compensation laws were developed, in part, to ensure that when a worker is injured while on the job, that they would have access to compensation for the injuries arising out of that incident. We as a society have placed a great deal of importance on our workforce, and seek to do everything we can to protect workers. Part of that protection seeks to compensate injured workers, even when the injury occurred due to their own personal mistake.
Ordinarily, claims for personal injury will have a requisite component of showing that someone else was at fault for an injury. In showing that some other person or entity caused someone to be injured, the injured person is then entitled to seek damages for their injury. If it is shown that the injury resulted only from the injured person's own fault, than barring some exceptions the injured person will have a difficult time seeking damages for their injuries. In workers compensation claims however, the component that focuses on fault is often not present, or at least to a much lesser extent.
Even if a worker is considered to be "at fault" for the incident that caused their injury, our state laws still seek to protect that worker. Employees that are injured due to their own negligence are still often entitled to seek compensation for the injuries and the damages arising from the incident.
Where do I start?
Start by contacting the workers compensation attorneys at Fletcher Law Office. We are uniquely qualified to represent you or your loved one if you have been injured while at work. Let us help you expertly navigate the complex issues of a workers’ compensation case. Call us today.