Workers' Comp Process

Employers are almost always required to carry workers’ compensation insurance to protect their workers when they are injured on the job or suffer a work-related illness. This covers your medical bills, a percentage of your wages when you are off the job due to temporary restrictions and permanent disability benefits for any long-term effects. 

Sounds simple, but in the process of acquiring your benefits, you may have to face not only your employer, but also:

• Your state Division of Workers' Compensation,
• The insurance company hired by your employer, AND their attorneys,
• The medical providers treating your injury or illness, and
• In some cases, a liable third-party at fault for your personal injuries.

Here’s what should happen after your work accident or illness:

• Notice: As mentioned in our “Do’s and Don’ts” list, report your injury to a supervisor or manager as soon as possible, even if you believe it is minor. Explain how it happened or that you believe your symptoms were caused by your work (e.g. carpal tunnel syndrome). It is best to do this in writing (make and keep a copy) but, if you first do so verbally, we recommend following up with an email or text. This creates proof that notice was given where a verbal statement can be denied. 
• Medical Treatment: Your employer should offer to send you to their authorized doctor or clinic.  If not, you should ask for it. You should thoroughly describe all symptoms for the doctor so the injuries can be documented and diagnosed. Be sure to mention the accident as the cause and politely ask that this be put in the doctor’s notes. They often use conservative doctors who will try to minimize your injuries or blame them on anything other than your work accident. Don’t accept this as truth. We can help you to see a different doctor and, sometimes, even make their insurance company pay for it!
• Temporary Disability: The doctor may give you temporary work restrictions or take you off of work entirely. If given restrictions, be sure to let your employer know. They either have to provide light duty work or pay you if they cannot. You are not required to perform any work that would violate restrictions given by their doctor, and you should decline if asked to do so. Keep a copy of your restrictions with you should there be any question of whether the work is exceeding them. If taken off of work, you should receive temporary total disability benefits based on two-thirds of your pre-injury wage. Too many employers try to make this process intimidating or difficult. Don’t hesitate to contact us with questions or concerns.
• Permanent Partial Disability: Unless you suffer only a minor, temporary injury, you will be entitled to a monetary settlement or award once you are done with medical treatment. There are several factors that impact what the amount can be. Of course, the insurance company will try to minimize what they have to pay and may even argue that nothing is due to you. Sometimes, they simply stop responding and hope you will give up. NEVER accept what they have to say without speaking with an experienced workers’ compensation attorney. There may be a lot more they won’t tell you about.  The employer has NO OBLIGATION to make sure you know what you are entitled to. This is entirely up to you.  We can help!

These are just the basic elements of what should take place in most workers’ compensation claims. If you have questions about your specific situation, please don’t hesitate to contact us.  Whether it’s just giving some helpful advice or taking your case all the way through trial and appeal, remember, WE’VE GOT YOUR BACK! Contact a Kansas City workers' compensation attorney today.