Kansas City Personal Injury Lawyer

Personal Injuries & Workers' Compensation

An employee can suffer many different types of on-the-job injuries, including head injuries, neck injuries, back injuries, spinal cord injury, brain injuries, broken bones and burns. If you are injured on the job, a claim can be filed with your employer's insurance carrier for compensation.

Filing a workers' compensation claim with the help of a Kansas City workers' compensation attorney can be invaluable. A skilled lawyer will be able to bypass the efforts of your employer and insurance carrier to minimize your injuries and compensation. An injury attorney can also provide the effective representation you will need when seeking maximum workers' compensation benefits.

Denied Workers’ Comp? We Can Help! Don’t let a claim denial stop you from getting the benefits you deserve. Contact us today at (913) 815-1347 for a free consultation!

This includes accidents involving:

• Slips, trips and falls
• Company vehicles
• Explosions
• Fires
• Falling objects

All businesses are legally required to carry workers' compensation. Benefits are paid to an employee who has been hurt at work without regard to who was at fault for the injury. This includes compensation for medical expenses, loss of income, permanent partial disability and permanent full disability. Workers' compensation is different than a personal injury claim, which must prove that another person's negligence caused the accident or situation that resulted in the injury. As long as workers' compensation is available to an injured worker, the employee cannot sue their employer for damages. A third party lawsuit can be filed however, if another entity was also at fault for your injury.

Personal Injury Attorney in Kansas City

The attorneys at Haight Stang, LLC are highly experienced in workers' compensation cases, and will pursue your claim with determination and resolve. We will keep your case on track and make sure your interests are vigorously represented. Our firm knows that an insurance company is driven by profits, not the needs of an injured employee, and will work hard to achieve maximum compensation for your injuries. We will keep you regularly updated on your claim's status, and give you complete access to any documentation related to your case. Our confident approach to your case will reduce the stress that can result from an injury, and enable you to more easily focus on your recovery. We also guarantee that you will never receive less compensation than you would have received on your own.

Workers’ Compensation Claim Denials & Appeals

Filing for workers’ compensation can be challenging, and some claims get denied. If this happens, you still have options to fight for the benefits you deserve.

• Common Reasons for Claim Denials:
  • Failure to report the injury within the required timeframe
  • Insufficient medical evidence linking the injury to work
  • Employer disputes the claim, saying the injury was not job-related
  • Missing paperwork or incomplete claim forms
  • Allegations that the injury resulted from horseplay or intoxication
• Steps to Appeal a Denied Claim:
  • Review the denial letter – Understand why your claim was denied.
  • Gather additional evidence – Obtain medical records, witness statements, or expert opinions.
  • File an appeal – Each state has a process for appealing, with strict deadlines.
  • Attend a hearing – A judge will review the case and decide if you qualify for benefits.
• How a Lawyer Can Help:
  • Ensure all paperwork is filed correctly and on time
  • Collect strong medical and legal evidence to support your claim
  • Represent you in hearings and negotiations with insurance companies

Personal Injury vs. Workers’ Compensation: Key Differences

Understanding the difference between these two claims helps you determine the best legal path.

• When to File a Workers’ Compensation Claim vs. a Personal Injury Lawsuit:
  • Workers' comp applies when you're injured at work, regardless of fault.
  • Personal injury lawsuits apply when someone else's negligence caused your injury.
• Situations Where You Can Sue for Additional Damages:
  • If a third party (not your employer) caused your injury (e.g., defective equipment, negligent contractor)
  • If your employer intentionally caused harm
• Third-Party Liability in Workplace Accidents:
  • Injuries caused by negligent drivers while on the job
  • Defective machinery or equipment leading to workplace injuries
  • Contractors or subcontractors responsible for hazardous work conditions

Time Limits for Filing a Workers’ Compensation or Personal Injury Claim

Acting quickly is crucial to securing benefits or compensation.

• Statute of Limitations for Workers’ Compensation in Kansas & Missouri:
  • Kansas: 2 years from the date of injury or last benefit payment
  • Missouri: 2 years from the date of injury or 3 years if the employer failed to report it
• Deadlines for Personal Injury Lawsuits:
  • Kansas: 2 years from the date of injury
  • Missouri: 5 years from the date of injury
• What Happens if You Miss the Filing Deadline?
  • Your claim will likely be denied, and you lose the right to seek compensation.
  • Exceptions exist for cases involving fraud, employer misconduct, or delayed discovery of injuries.

If you’re unsure about deadlines, consulting with an attorney can help ensure your rights are protected.

Frequently Asked Questions (FAQ) About Workers’ Compensation

Can I choose my own doctor for treatment?

• In many cases, your employer or their insurance provider will require you to see an approved doctor. However, you may be able to get a second opinion or request a different physician if needed.

How long do I have to file a workers' compensation claim?

• Deadlines vary by state, but in Kansas and Missouri, you typically need to report your injury to your employer within 30 days and file a claim within two years. Failing to do so may result in losing your benefits.

What if my injury developed over time, like carpal tunnel syndrome?

• Workers’ compensation covers repetitive stress injuries and occupational illnesses, but proving them can be more challenging. It’s important to document symptoms and seek medical evaluation as soon as possible.

Can my employer fire me for filing a workers’ compensation claim?

• No. It is illegal for an employer to retaliate against an employee for filing a legitimate claim. If you face termination, demotion, or harassment, you may have legal grounds for additional claims.

Do I still qualify for benefits if the accident was partially my fault?

• Yes. Workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who was at fault—unless you were intoxicated or engaging in intentional misconduct at the time of the injury.

Can I get compensation if I was injured while working remotely?

• Yes. If your injury occurred while performing work-related duties at home, you may still qualify for workers’ compensation. However, proving the injury happened while on the job may require additional evidence.

Will workers’ compensation cover my transportation costs for medical appointments?

• In some cases, yes. If you have to travel a significant distance to receive medical treatment, you may be reimbursed for mileage and transportation expenses.

Injured at Work? Know Your Rights! Get the compensation you’re entitled to. Contact us now at (913) 815-1347 to discuss your case with our experienced attorneys!