Workers Comp - Worker's Compensation

The goal is to make sure that somebody who is injured at work receives appropriate medical care, lost wages relating to the on-the-job injury, and, if necessary, retraining and rehabilitation, to be able to return to the workforce. If workers are killed on the job, members of the workers' families generally become eligible for workers comp benefits.

Most injured workers recover quickly, and beyond making the initial injury report have no real awareness of the Worker's Compensation system. Those who are more seriously injured may have difficulty with their employer or with the compensation system and those workers may benefit from consulting with lawyers.

Worker's Compensation litigation is generally considered to be simpler than traditional injury litigation, as it takes place in an administrative setting and may involve relaxed evidentiary rules. Attorney fees are ordinarily limited by statute.

Workers typically need to hire a workers comp lawyer when they are:
1. Refused benefits to which they are entitled
2. Are told they can return to work before medically able
3. Are denied extended or permanent disability despite significant disabling injury

If your employer sends you to a doctor who declares that you are able to return to work even though you don't believe you are yet able, or tries to get you to return to work to a special job created to accommodate your injury, you should consider speaking to a workers comp lawyer.

While a typical injured employee does not know the law, a typical employer is very much aware of how the compensation system works, and how to terminate an employee's benefits. An injured worker who returns to work in a specially created position may well find that, two weeks later, the position is eliminated and he is laid off - but is no longer eligible for workers comp.

Similarly, many employers utilize doctors who are much more interested in maintaining a good continuing relationship with the employer than with accurately diagnosing the employee. If a physician sets forth too many declarations of continuing disability, it will likely cause the employer to send injured employees to a different doctor.

A lawyer can help you protect your rights when a doctor such as this tries to block you from getting necessary treatment, cease your benefits prematurely, or send you back to work too early.

When Can You Sue?

Ordinarily an employee who qualifies for Worker's Compensation benefits may not file a personal injury suit against the employer. There are two narrow exceptions where Worker's Compensation preemption might not apply, and an employer might be subject to lawsuit:

1. When an employer intentionally causes injury to an employee
2. When an employer is required to carry Worker's Compensation coverage but fails to do so

This exception for intentional acts is very narrow. It is not ordinarily enough that an employer creates conditions where there is a very high probability that an employee will be injured. Ordinarily the employer must have committed a specific act intended to cause injury to the employee.

If you need help with a worker's compensation issue, please consult a licensed attorney. This is one of the many areas of law that the outcome is normally better for you with an attorney than without.

Missouri Workers Comp Quick Facts

• Worker's Compensation IS compulsory.
• Waivers are NOT permitted.
• Numerical exceptions are: 5.
• Employers in construction with any employees are required to carry workers comp.
• Choice of physician is the employer's.
• Attorney fees permitted are 25%.
• Compensation is retroactive if disability continues for >14 days.
• Waiting period for comp benefits after injury is 3 days (that the employer is open for business)

Kansas Workers Comp Quick Facts

• Worker's Compensation IS compulsory.
• Waivers are NOT permitted.
• Numerical exceptions are: 0.
• Employers are exempt if they have a total gross annual payroll of less than $20,000
• Choice of physician is the employer's.
• Attorney fees permitted are 25%.
• Compensation is retroactive is the disability continues for 3 consecutive weeks.
• Waiting period for comp benefits after injury is 7 days.

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