Are Workers' Compensation Delay Tactics a Red Flag?
What Injured Workers in Kansas and Missouri Need to Know
If your work injury is severe enough that medical treatment is required or time is lost from work, your employer is supposed to file a formal Report of Injury with the State. This is true in both Kansas and Missouri. They should also tell you where to go for necessary medical treatment or notify their workers' compensation insurance carrier so those arrangements can be made. When you're injured on the job, especially if the injury is serious enough to take you out of work, you have immediate needs. Unfortunately, far too often, those on the other side do not seem to share the same sense of urgency.
Your employer does not want you to be injured, and the insurance carrier, frankly, does not want to pay the claim. If empty assurances start to feel like workers' compensation delay tactics, they probably are. Recognizing those delays early can make a significant difference in protecting your health, your income, and your rights.
Employers and Insurance Companies Must Provide Medical Treatment
Employers and their insurers are required to provide reasonable and necessary medical treatment for work injuries. You, however, still need to request it. If they fail to tell you where to seek treatment, ask directly which doctor, clinic, or hospital you are supposed to go to. If they refuse to provide that information, tell them you will have no choice but to seek treatment on your own and hold them responsible for the bills. That conversation alone often speeds up the process.
No matter where you are first treated, be specific and thorough when describing your symptoms. Even seemingly minor complaints can become important later. Make sure to mention:
Pain or discomfort in all affected areas.
Tingling, numbness, or weakness.
Difficulty sleeping or performing daily activities.
Symptoms that develop or worsen over time.
The accuracy of those initial medical records can have a major impact on your workers' compensation claim.
Common Signs of Workers' Compensation Delay Tactics
Not every delay is intentional, but some warning signs should not be ignored. Common examples include:
Your employer fails to promptly report the injury.
No one tells you where to go for medical treatment.
Calls and emails go unanswered.
Medical appointments are repeatedly delayed.
Temporary disability benefits do not begin when they should.
You receive vague promises rather than clear answers and timelines.
If you keep hearing that someone is "working on it" or "looking into it," but nothing actually happens, those delays are not doing you any favors.
Don't Stay Silent When the Insurance Adjuster Gets Involved
Once the employer gets around to reporting the claim to its insurer, you then have to wait for a claims representative to be assigned and for that person to do his or her job. Often, that process starts with taking a recorded statement from you.
If medical treatment has not been arranged by then, or if temporary disability benefits have not started because you are unable to work, be sure to ask when those benefits will begin. You deserve concrete answers. Repeated delays and uncertainty can create unnecessary financial and emotional stress at a time when your focus should be on recovery.
It Is Never Too Early to Speak With a Workers' Compensation Attorney
From our perspective, it is never too early to speak with an attorney so you can learn how the workers' compensation system is supposed to work for you. Understanding the process allows you to recognize when something is wrong and decide if and when you need a professional fighting on your behalf.
An experienced workers' compensation lawyer can help:
Push back against unnecessary delays.
Secure medical treatment and benefits.
Communicate with insurance adjusters.
Protect your rights throughout the claims process.
Help you obtain the benefits you deserve.
At Haight Stang, LLC, we help injured workers throughout Kansas City and across Kansas and Missouri navigate the workers' compensation system and overcome the obstacles that insurance companies and employers sometimes create. If your claim has stalled, your medical treatment has been delayed, or your disability benefits have not started, you do not have to face those challenges alone.
You can decide if and when you need a professional fighting for you to minimize delays, obtain the benefits you deserve, and beat them at their own game.
Contact Haight Stang, LLC
If you're experiencing delays in your workers' compensation claim, the team at Haight Stang, LLC is ready to help. We proudly represent injured workers throughout Kansas City, Missouri, Kansas City, Kansas, Independence, Lee's Summit, Overland Park, Olathe, and surrounding communities.
Contact us today to learn more about your rights and how we can help you move your claim forward.
Frequently Asked Questions
Why is my workers' compensation claim taking so long?
Delays can occur when employers fail to report injuries promptly, insurance companies delay authorizing treatment, or adjusters fail to communicate. Persistent delays may indicate problems with the handling of your claim.
Can I choose my own doctor for a work injury?
In some situations, yes. If your employer fails to direct you to authorized treatment, you may have rights to seek medical care on your own. The rules differ between Kansas and Missouri.
When should I hire a workers' compensation attorney?
It is often beneficial to speak with an attorney early in the process, especially if medical treatment is delayed, wage benefits are not being paid, or your employer or insurer is not providing clear answers.
What benefits are available through workers' compensation?
Benefits may include medical treatment, temporary disability payments, permanent disability benefits, and other compensation depending on the severity of your injury.