Kansas Workers’ Compensation Lawyer
Workplace Accidents Demand Strong Legal Action
While a Kansas workers' compensation claim should be easy, these cases sometimes can become complex and frustrating for those who are injured and simply want the compensation, dignity, and benefits they deserve. Your employer and its insurance company may be unresponsive. They may put hurdles in your way. If you're hurt on the job, you may need to fight aggressively to get fair compensation for your medical expenses and loss of income.
Fortunately, you don’t have to wage your battle on your own. We can help. At Bretz Injury Law – located in Hutchinson, Salina, Wichita, Garden City, Dodge City, Liberal, and Hays – our experienced lawyers can be with you every step of the way, from filling out forms to obtain benefits to appealing a denied claim.
We have a strong track record of success. Our attorneys have helped injury victims obtain more than $250 million in verdicts and settlements throughout Kansas. We're proud of our case results and we're eager to help you!
Call (620) 234-8880 today to schedule your free initial consultation with a skilled attorney.
What Is Workers' Compensation?
Workers' compensation is a form of insurance that provides certain benefits – in exchange for giving up other rights – when a person is injured on the job. The first thing to look at when you have been injured on the job is whether your employment is covered by workers' compensation. Most states have a minimum payroll for an employer before requiring the employer to carry workers' compensation insurance.
Under workers' compensation laws, employees have rights to certain benefits. In Kansas, these may include:
- Medical treatment
- Lost wage benefits during medical treatment (TTD)
- Money for permanent disability (PTD)
- Future medical rights
- Future lost wages (WD)
- Review and modification
Workers' compensation benefits are generally divided into four main categories:
- Temporary total disability is paid when you are unable to engage in any type of substantial and gainful employment.
- Permanent partial disability is paid when you return to work at a wage less than the wage at the time of your injury.
- Permanent total disability is paid when you are completely and permanently incapable of engaging in any substantial or gainful employment.
- Permanent partial disability is paid when you sustain a permanent loss of use of a body part or are otherwise disabled in a manner that is partial in character and permanent in quality.
You can also find more information on our website about common Kansas work accidents.
What Type of Work Comp Cases Does Bretz Injury Law Handle?
How do workplace accidents happen? Why are people injured on the job?
The following are some common scenarios:
- Overexertion injuries - Workers lifting, pushing, or pulling heavy objects often sustain serious injuries.
- Slip and fall accidents- Employees can sustain severe injuries slipping or tripping on water, grease, or other hazardous substances.
- Falls from a height - Construction and oil field accidents in particular often involve workers falling from high places and injuring their head, neck, or back.
- Machine injuries - Workers who operate machinery sometimes sustain injuries, especially to their arms or legs.
- Vehicle accidents - People who drive as part of their job often sustain serious injuries in car or truck accidents during working hours.
- Repetitive motion injuries - Carpal tunnel syndrome, persistent back pain, and vision problems are just some examples of injuries sustained by workers who perform the same task for hours at a time.
Why It's Important To Talk To A Kansas Workers' Comp Lawyer As Soon As Possible
You only have a limited amount of time to take legal action after you sustain an injury at work. Specifically, under the current Kansas Workers' Compensation Act, in most cases, you only have 20 calendar days from the date of the accident or repetitive trauma to notify your employer.
If you are represented by Bretz Injury Law, we will work with you to make sure you receive the benefits you deserve, the medical care you need, and the time to recover from your workplace injury. We want to learn more about your case and explain all the legal options available to you.
Contact us for a free consultation right now. We can consult with you over the phone, or we can meet with you in our office, your home, your hospital room, or another location that is convenient for you. Call (620) 234-8880 for a fast, free claim analysis. Se habla español.
What if the accident at work was my employer's fault?
Whether it was your fault or your employer's fault, you have a right to pursue a workers' compensation claim. Like most states, Kansas has a "no fault" workers' compensation system, which allows employees injured on the job to collect a payment for lost wages and medical bills regardless of who was at fault.
Can I get benefits if the accident was my fault?
In many cases, yes. For the most part, if you are injured at work, you are eligible for workers' compensation benefits, regardless of who was at fault in your accident. However, there are some instances in which injured workers do not receive benefits, such as if you were under the influence of illegal drugs or you intentionally hurt yourself at work.
What does third-party liability mean?
If a person or a company other than your employer causes your workplace accident, you may be able to pursue a third party liability claim. For example, if you drive a vehicle as part of your job and another driver who is not connected to your employer causes an accident and you are injured, you can pursue a personal injury claim against that driver's insurance company. In such cases, you can pursue this third-party claim in addition to filing a workers' compensation claim. In other cases, an injured worker may have grounds for a third party liability claim if he or she is injured because of a manufacturing or design defect involving a product. For example, if the chair you use at work breaks because of a design defect and you hurt your back, you can pursue a workers' compensation claim as well as a case against the manufacturer of the chair.
What if I have a permanent disability?
Workers' compensation benefits for permanent disabilities can include the following. Permanent Total Disability: paid when you have been rendered completely and permanently incapable of engaging in any type of substantial and gainful employment. Permanent Partial Disability: paid when you sustain complete or partial loss of use of a body part, such as an arm, due to a job-related injury. Compensation is limited to a percentage of the scheduled number of weeks. Permanent Partial General Disability: paid when you sustain permanent partial disability not specifically covered by the schedule. Compensation is based on the percentage of disability remaining after recovery and is limited to 415 weeks. If your work injury results in a permanent disability that leaves you unable to work, you might also be eligible to receive Social Security Disability benefits.
What benefits do I get if a family member died at work?
If your husband, wife or parent was killed on the job in a workplace accident, you may be eligible to receive survivors' benefits. Kansas Workers' Compensation Act also pays for up to $5,000 in burial expenses.
What do I do after a workplace injury?
We strongly urge you to take the following steps: Notify your employer immediately (you have 20 days from the date of the accident or repetitive stress injury, but it's important to inform your employer as soon as possible), seek immediate medical attention. Under the law, your employer has the right to choose the authorized treating doctor., and contact us as soon as possible. We can help you fill out workers' compensation forms, deal directly with your employer and the insurance company, and make sure you receive the medical care you need.
What is an impairment rating?
If you are hurt at work and sustain a permanent disability, your injury will be assigned a rating from zero to 100 based on the percentage that you are disabled. Most states use the American Medical Association's "Guides to the Evaluation of Permanent Impairment" to assess a person's disability. There may be a dispute over your impairment rating, which is why it's wise to seek legal advice to make sure your disability is measured appropriately.
What are authorized treating doctors?
If you have been hurt in an accident at work, your employer has the right to select the doctor who will treat your injury. If you choose a doctor who is not authorized or a physician who is not agreed-upon by your employer, the employer is only responsible for the first $500 in medical bills. If your authorized treating doctor is not providing you with adequate care, it is important that you contact our law firm. There are ways we can change your authorized treating doctor to someone you like and trust.