Being hurt on the job creates a lot of confusion. From filing for disability benefits to taking time off work, it can put your financial future into jeopardy. Whether you work for KC Water or are a firefighter with the KCFD, you have a right to seek compensation if you’ve suffered a workplace injury in Kansas City, Missouri, or Kansas.
Both Kansas and Missouri laws require most employers to carry workers’ compensation insurance to provide for injured employees. This means you are entitled to medical care and, in many cases, payment for lost wages while you recover.
Our Overland Park workers’ compensation attorney at the Law Offices of Peter A. Jouras, Jr. helps employees in Kansas City, Missouri, and Kansas seek the benefits they’re entitled to after an accident.
As a small law firm, you will receive the personalized attention your case deserves. That means, you’ll work one-on-one with an attorney who genuinely cares about your case. We offer free consultations and work on a contingency fee basis, which means you pay nothing unless we win your case.
While we are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave, we serve the entire Kansas City metropolitan area, including Kansas City, Missouri.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
Key Takeaways for Workers’ Compensation Claims in Missouri and Kansas
- Workers’ comp coverage is mandatory in both Kansas and Missouri, though employer size requirements differ.
- The injury must be the “prevailing factor” — the main cause of the injury or illness.
- Both states provide benefits for medical care, lost wages, permanent disabilities, and death.
- Deadlines matter: workers must report injuries quickly (20 days in Kansas, 30 in Missouri) and file claims within a set period.
- Employers or insurers may deny claims, but injured workers have the right to appeal with legal help.
How a Kansas and Missouri Workers’ Comp Lawyer Can Help You
Dealing with a work injury is hard enough without having to fight with insurance companies. A dedicated Kansas and Missouri workers’ comp lawyer can lift that burden from your shoulders.
Here’s how we can help you:
- Handle Communications: We handle all communication on your behalf with your employer and their insurance provider. We take care of every detail so you can focus on what matters most.
- Manage Paperwork: Our team handles the complex legal paperwork, including claim forms, medical records, and communication logs, ensuring all deadlines are met and details are accurate.
- Build a Strong Case: We construct a robust case to ensure you receive the full compensation you deserve, which can include a cash settlement for permanent disability and funds for future medical care.
- File for Survivor’s Benefits: In the event of a tragic death, we assist loved ones in filing for survivor’s benefits to cover funeral expenses and offer financial support.
What Makes the Law Offices of Peter A. Jouras, Jr. Different?
Insurance companies are designed to protect their profits, not those who actually need the resources. That’s why you need a workers’ comp lawyer who will seek the maximum benefits you need to move forward from this injury.
Here’s what makes us different:
- Direct Contact: As a small law firm, we provide the personal attention you deserve. You will work directly with your attorney, who will be there to answer your questions and offer support throughout your case.
- Over 25 Years of Experience: Our founder, Peter A. Jouras, Jr., has been practicing workers’ compensation law for over two decades, focusing his practice on helping injured employees just like you.
- Serving Kansas and Missouri: We proudly help injured employees in both Kansas and Missouri. No matter where you work in the KC metro, we’re here to help you.
- Free Consultations: We offer free consultations to discuss your case and help you understand your options. There is no obligation to move forward.
- Contingency Fee Basis: You won’t pay us anything unless we win your case. We advance all case expenses, and our fee is taken from the settlement we recover for you. There is no financial risk to you.
Kansas Workers’ Compensation Laws
The Kansas Workers’ Compensation Act outlines the rights and responsibilities for both employees and employers. The law requires that a work accident be the “prevailing factor” in causing your injury and disability.
This means it must be the primary cause compared to any other factors. Employers are required to provide workers’ compensation insurance if their annual payroll is $20,000 or more.
Types of Workers’ Comp Benefits in Kansas
If you are hurt at work in Kansas, you may be eligible for several types of benefits:
- Medical Benefits: Your employer’s insurance must cover all reasonable and necessary medical treatment to help you recover. This includes doctor visits, surgeries, physical therapy, and prescription medications. While your employer can choose the doctor, you are allowed up to $800 in unauthorized care for a second opinion or different treatment.
- Temporary Total Disability (TTD) Benefits: If your injury prevents you from working, you can receive weekly payments equal to 66 2/3% of your average gross weekly wage, subject to state maximums.
- Permanent Partial Disability (PPD) Benefits: If your injury results in a permanent impairment but you can still work in some capacity, you may receive a settlement based on a disability rating.
- Permanent Total Disability (PTD) Benefits: If you are unable to return to any type of substantial work, you can receive ongoing benefits, up to a maximum of $155,000.
- Death Benefits: In the tragic event of a fatal work accident, dependents can receive benefits to help cover funeral costs and provide financial support.
Missouri Workers’ Compensation Laws
Missouri’s workers’ compensation law requires the work accident to be “the prevailing factor” in causing your injury. This is defined as the primary factor above all others. For occupational diseases, the exposure at work must also be the prevailing cause.
Most businesses with five or more employees must carry workers’ comp insurance, though companies in the construction industry must have it for every employee.
Types of Workers’ Comp Benefits in Missouri
Under Missouri law, injured workers are entitled to the following benefits:
- Medical Benefits: Your employer is required to pay for all medical care necessary to treat your work-related injury. This care must be authorized by your employer or their insurance provider.
- Temporary Total Disability (TTD) Benefits: If you cannot work while recovering, you can receive two-thirds of your average weekly wage, up to a state-mandated maximum. The 2024 maximum rate is $1,082.22 per week.
- Permanent Partial Disability (PPD) Benefits: If you are left with a permanent disability but can still work, you will receive compensation based on a formula that considers the type of injury and your disability rating. The 2024 maximum for PPD is $566.88 per week.
- Permanent Total Disability (PTD) Benefits: If your injury leaves you permanently unable to work, you may be eligible for weekly payments for the rest of your life.
- Death Benefits: If a worker passes away due to a work injury, their dependents can receive weekly payments and assistance with burial expenses.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
Common Types of Workplace Accidents and Injuries
Workplace accidents happen far too often.
In Missouri in 2023, the U.S. Bureau of Labor Statistics says there were 114 fatal work-related injuries reported. Also, private-industry employers reported 52,000 non-fatal workplace injuries and illnesses.
In Kansas from 2021–2023, the average occupational fatality rate was 4.1 deaths per 100,000 full-time equivalent workers, compared to the U.S. average of 3.7. Over the same period in Kansas, the average injury (and illness) rate was about 2,833 injuries per 100,000 full-time equivalent workers.
Common workplace accidents include:
- Slips, trips, and falls
- Overexertion from lifting or repetitive motions
- Being struck by falling objects
- Equipment malfunctions
- Motor vehicle accidents while on the job
These incidents can lead to serious injuries, such as:
- Spinal cord and back injuries
- Traumatic brain injuries (TBIs)
- Broken bones
- Burns and electrocutions
- Amputations
No matter the severity of your injury, you deserve support. Our workmans’ comp attorney in Overland Park is here to help you navigate your claim.
What You Should Do After a Workplace Accident
If you were hurt while on the job, you have to follow a set of rules in order to qualify for workers’ compensation benefits. Here’s what you should do after a workplace injury:
- Seek Medical Attention Immediately: If your injury is severe, go to the emergency room. Otherwise, follow your employer’s instructions for seeing an authorized doctor.
- Report the Injury to Your Employer in Writing:
- In Missouri, you must notify your employer within 30 days of the accident.
- In Kansas, you must provide notice within 20 days of the injury.
- Follow All Medical Advice: Comply with the treatment plan recommended by your doctor to support your recovery and your claim.
- Contact an Attorney: An experienced Kansas City, Missouri, and Kansas workers’ compensation attorney can ensure you meet all deadlines and help you get the benefits you are owed.
Learn More: What To Do After a Workplace Injury in Kansas
Kansas and Missouri Workers’ Comp FAQs
How Long Do I Have to File a Workers’ Comp Claim in Kansas and Missouri?
In Kansas, you generally have 200 days from the date of the accident or the last medical treatment paid for by your employer to file a claim.
In Missouri, you typically have two years from the date of the injury or the last payment received.
What if My Employer Denies My Workers’ Compensation Claim?
Insurance companies often deny valid claims for various reasons. If your claim is denied, you have the right to appeal. A workers’ comp attorney can fight on your behalf, gathering the evidence needed to challenge the denial and secure your benefits.
What Are Repetitive Stress Injuries?
Repetitive stress injuries (RSIs) happen when you do the same motion over and over again. These injuries affect your muscles, ligaments, nerves, and tendons. Unlike sudden injuries, RSI pain develops slowly. Common injuries include
- Tendonitis
- Bursitis
- Carpal Tunnel
- Thoracic Outlet Syndrome
- Rotator Cuff Tears
What Is an Occupational Illness?
An occupational illness is a health condition caused by exposure to hazardous substances or conditions in your workplace, such as lung disease from inhaling toxic fumes. These are also compensable if the exposure at work is proven to be the prevailing cause of the illness. Common illnesses include:
- Asthma
- Vision loss
- Hearing loss
- Lung cancer
- Chronic obstructive pulmonary disease (COPD)
- Respiratory and lung diseases
- Cardiac diseases
- Skin disorders
What Areas Do You Serve?
Our workers’ comp law firm is located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave. However, we proudly serve clients throughout the Kansas City metropolitan area, including communities in both Kansas and Missouri. No matter where you are in the region, we are here to help.
Schedule Your Free Consultation with Our Overland Park Workers’ Comp Attorney
If you or a loved one was injured at work, you have the right to pursue compensation. Our Overland Park workers’ comp lawyer at the Law Offices of Peter A. Jouras, Jr. is here to listen to your story.
Tell us what happened over a free, no-obligation consultation. We are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave. We serve the entire Kansas City metropolitan area, including Kansas City, Missouri.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
For your free consultation, call (913) 677-1999
