After suffering a workplace injury, you might be dealing with physical pain, emotional distress, and mounting worries about your job and medical bills. If you’ve been hurt at work in Kansas, please know that you are not alone and that there are systems in place to protect you, your job and finances, and your future.
Learn about the crucial steps to take after a workplace injury, how to report it, and what your rights are under Kansas law. Even if you were at fault or your claim was denied, you still have rights and options to receive workers’ compensation benefits.
What to Do After a Workplace Injury: A Step-by-Step Guide
The moments immediately following a workplace accident are critical. Follow these steps to protect your health and your right to workers’ compensation benefits in Kansas.
Step 1: Get Immediate Medical Help
Your top priority is your health. You should seek medical attention immediately, even if you don’t think your injuries are very serious.
- For severe or life-threatening injuries: Call 911 or go to the nearest emergency room immediately.
- For non-emergency injuries: Inform your supervisor right away and follow their instructions for medical care. Your employer has the right to choose the doctor who will treat your injury, so it’s important to follow their guidance.
- You are able to get a second opinion on your own time. Having a lawyer recommend a doctor is advisable.
Step 2: Document Your Injury with a Medical Provider
Prompt medical care is essential for both your health and your claim.
- Tell the provider your injury happened at work. This ensures your medical records accurately link the injury to your job.
- Get checked out, even for minor injuries. Some symptoms can worsen over time, and early documentation protects your right to benefits.
- Keep detailed records of all medical reports, bills, and any notes from conversations with doctors or your employer.
Step 3: Report the Injury to Your Employer Within 20 Days
You must officially report your injury to be eligible for workers’ compensation.
- Know the deadline: Under Kansas law (K.S.A. 44-520), you generally have 20 days from the date of the accident to give notice. For repetitive strain/stress injuries, the deadline is 20 days from when you first seek medical treatment.
- Provide notice: You can report the injury verbally or in writing, although it is recommended to do it in writing so there is documentation of the report. A written report should include the time, date, place, and details of the injury.
- If you give verbal notice, tell the person that your employer has designated (usually a supervisor or HR manager).
Step 4: File a Workers’ Compensation Claim
Once you’ve reported the injury, the formal claim process begins. It’s advisable to speak to a Kansas workers’ compensation lawyer so you can fully understand the process and your options.
- Employer’s duty: If you miss more than a day of work, your employer has 28 days to report the injury to the Kansas Division of Workers Compensation (K.S.A. 44-557).
- File the claim: Your employer or their insurance carrier should give you the forms needed to file a formal claim. This officially starts the process of filing a lawsuit after a workplace injury.
- It’s important to remember that workers’ compensation is a no-fault system, meaning you don’t need to prove your employer was at fault to receive benefits.
Understanding Workers’ Compensation Benefits
If your claim is approved, you are entitled to several benefits under Kansas law. These may include:
- Medical Benefits: All reasonably necessary medical treatments, including hospital stays, medications, surgeries, and physical therapy, are covered.
- Disability Benefits: If you are unable to work, you may receive weekly checks equal to 66 ⅔% of your average weekly wage. There is a one-week waiting period for these benefits, but it is waived if you are off work for three consecutive weeks.
- Permanent Disability: If your injury results in a permanent impairment, you may be eligible for additional benefits, up to a maximum of $155,000 for permanent total disability under K.S.A. 44-510f.
- Death Benefits: K.S.S 44-510b provides specific benefits to the dependents of a worker who has died as a result of a workplace injury or illness. These benefits include lump-sum payments, weekly compensation, burial and funeral expenses, and education expenses for children.
Learn More: Filing a Wrongful Death Claim in Kansas
The Role of a Workers’ Compensation Attorney
The workers’ compensation system can be complex and overwhelming, especially when you are recovering from an injury. Many people wonder, should you find an attorney after a workplace injury? An experienced attorney can be a tremendous source of support.
Your attorney can:
- Handle all communications with your employer and their insurance company.
- Manage the complicated paperwork.
- Build a strong case to ensure you receive the full compensation you deserve.
- Help you meet every deadline and navigate any disputes that arise.
Common Workplace Accidents in Kansas
Workplace injuries can happen in any job, but some accidents are more common than others. Whether you were hurt on a construction site or while working in the kitchen. These frequently include:
- Slips, trips, and falls
- Machinery-related accidents
- Repetitive motion injuries from tasks like typing or assembly line work
- Burns or electric shocks from working with electrical systems, hot surfaces, chemicals, or fire
- Injuries from lifting heavy objects
- Car accidents and truck accidents (especially for those driving semi-trucks or delivery trucks)
What to Do If Your Claim Is Denied
It can be devastating to learn that your workers’ compensation claim has been denied. If this happens, do not give up. You have the right to appeal the decision.
An attorney can help you gather additional evidence, such as more detailed medical records or witness statements, and represent you at a hearing before an administrative law judge.
It’s important to act quickly, as there are strict deadlines for filing an appeal.
Protecting Your Rights After a Workplace Injury
At The Law Offices of Peter A. Jouras, Jr., we understand how overwhelming a workplace injury can be. Our founder, Peter A. Jouras, Jr., has been practicing workers’ compensation law for over 25 years. We are here to provide the compassionate and experienced guidance you and your family need.
We will handle every detail of your claim so you can focus on healing. If you have been injured on the job in Kansas, contact us for a free consultation to learn how we can help protect your rights and secure the benefits you are owed. You pay us nothing up front or out of pocket.
We are located in Overland Park, but serve the entire Kansas City metro area, including Kansas City, Kansas, and Kansas City, Missouri.
