Workers Compensation Lawyers
in Kansas City, Missouri
A workers compensation attorney in Kansas City can help you or a loved one obtain just compensation if you are injured at work. At the Noland Law Firm, we fight for the rights of injured workers in the Greater Kansas City metropolitan area. We also serve clients throughout Blue Springs, Gladstone, Independence, Liberty, and greater Kansas City area.
When an “on the job” injury happens, you need a workers’ compensation attorney with the experience you need who will give you the attention you deserve.
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State workers’ compensation laws ensure that your employer or your employer’s insurance company provide you and/or your family with compensation for any injuries (including death) sustained while working. This may include:
- Cash benefits during any periods when you are unable to work due to your injuries.
- Reimbursement or payment of medical costs.
- Weekly or lump sum payments for permanent disability due to your injuries.
If you are injured at work:
- Report your injury immediately to your employer.
- If you are unable to reach an agreement with your employer regarding compensation for your injury, you may file a claim with the Industrial Commission.
How does workers compensation work in Missouri?
In Missouri, workers’ compensation is a state-mandated insurance program that helps protect employees and employers when a workplace injury or illness occurs. It covers medical bills, replaces lost wages for employees who can’t work, and shields employers from injury-related lawsuits. Benefits are generally calculated based on the employee’s average weekly wage before the incident. However, it’s important to note that receiving workers’ compensation can sometimes affect Social Security benefits.
Missouri’s workers’ compensation system applies to various circumstances, such as injuries from workplace accidents, illnesses caused by exposure to harmful substances, repetitive stress injuries like carpal tunnel syndrome, and medical treatments like surgeries or physical therapy. The program also provides disability benefits for temporary or permanent disabilities and covers funeral expenses if a workplace accident results in death.
While employers in Missouri may choose the doctor for the employee’s treatment, workers are allowed to select their own doctor, but at their own expense. To fully understand the complexities of workers’ compensation in Missouri and ensure you receive the benefits you deserve, it’s advisable to consult experienced legal professionals, like the attorneys at Noland Law Firm, who can guide you through the process.
Do you always get a settlement from worker’s compensation in Missouri?
In Missouri, workers’ compensation claims and disputes can result in settlements. When an employee sustains a job-related injury or illness, the Missouri Division of Workers’ Compensation steps in to ensure compliance with workers’ compensation laws.
Judges within the division have the authority to approve settlements and issue awards pertaining to the benefits entitled to injured workers. For comprehensive assistance and guidance throughout the workers’ compensation process, consulting with the legal professionals at Noland Law Firm is advisable.
Does Missouri’s workers compensation cover pain and suffering?
While in a personal injury lawsuit, compensation for pain and suffering is possible, Missouri’s workers’ compensation operates differently. Under this system, only medical and disability benefits can be claimed, and it generally does not cover pain and suffering. The specific damages covered by Missouri workers’ compensation are outlined in Section 287 of the Missouri revised statutes.
In certain situations, an injured worker might have the option to pursue both a workers’ compensation claim and a personal injury claim. In such cases, they may seek compensation for pain and suffering through a civil lawsuit. It’s important to note that the workers’ compensation system was designed to protect employers from lawsuits and additional damages, streamlining the process for injured workers to receive necessary benefits.
Can employees be fired while out on workers’ compensation in Missouri?
In Missouri, it is illegal for an employer to fire an employee solely due to a work-related injury, as this could lead to a retaliation lawsuit. Instead, employers often assign light-duty tasks to accommodate the injured employee or, in the case of long-term injuries, may grant permanent leave and hire someone else to fill the role.
If an employer chooses to terminate an employee on workers’ compensation leave, they must prove that the termination is unrelated to the injury, such as misconduct or a violation of workplace rules. The employer must demonstrate that the termination would apply to any employee under similar circumstances and not as a result of the worker’s injury-related restrictions.
Even if an employee is terminated, they may still be entitled to workers’ compensation benefits if their injury occurred during the course of their employment. However, pursuing compensation after being fired can be more complex, and maintaining thorough documentation of the injury is essential to support the claim. The employee will need to show that the injury was work-related and happened while performing job duties.
These cases can be particularly difficult if there’s a time gap between the termination and the claim. Employers may argue that the injury wasn’t job-related or occurred due to negligence outside the workplace. In such situations, consulting an experienced workers’ compensation attorney, like those at Noland Law Firm, is critical to ensure that your rights are protected and your case is properly handled.
What is the Workers’ Compensation Statute of Limitations in Missouri?
To initiate a formal workers’ compensation claim, individuals must:
- File within two years from the date of injury or death and
- Injured workers are required to report their injury or illness to their employers either within 30 days of the incident or within 30 days of being informed of their diagnosis.
This timeframe is crucial for establishing a reasonable period during which employees with work-related injuries can initiate a Missouri workers’ compensation claim against their employer.
While critics argue that this statute restricts workers’ legal rights, proponents emphasize its importance in ensuring timely resolution of employee claims. Missouri’s workers’ compensation statute of limitations outlines the deadline for employers to address an employee’s claim.
Failing to take legal action within this timeframe can lead to the loss of crucial evidence and details. Adhering to the statute of limitations provides assurance that cases are presented within the specified timeframe.
Workers Compensation Act in Missouri
Under the Missouri Workers Compensation Act, businesses with five or more employees must have workers’ compensation coverage. This state-mandated no-fault system provides compensation to injured workers, covering medical expenses, lost wages, and permanent disabilities.
Contact Noland Law Firm Today
If you were injured while working on the job anywhere in the greater Kansas City area, it is worth hiring a workers compensation lawyer from Noland Law Firm to help settle your case with knowledge and compassion.
Contact us today to schedule a free consultation, or please call us at (816) 781-5055 to discuss your personal injury case.
