WORKERS' COMPENSATION ATTORNEY
Workers' Compensation Attorney for Wichita, KS
Work injuries are, unfortunately, fairly common. Workers suffer at the hands of companies that cut corners and ignore safety protocols. Faulty machinery, unmarked hazards, falls and toxic airborne substances can cause permanent damage to injured employees. After an injury, most companies will continue protecting their own interests. It is up to the injured worker to secure a strong workers' compensation attorney to fight for their recovery.
Though more common, workers’ compensation cases don’t just occur in the fields of construction and maintenance. They can happen in an office, a school, a hospital or even off-site. Work-related accidents can happen anywhere. Here are a few workers’ compensation cases that our attorneys have fought and won for our clients:
- A certified nursing aide sustained a serious low-back injury attempting to lift an elderly patient from a chair with the assistance of a coworker.
- A person received a serious injury after trying to sit down in their desk chair and it rolls out from underneath them.
- A teacher fell backward from the top of a desk as she stood on it to hang classroom decorations, striking the back of her head. She subsequently experienced frequent headaches, dizziness and nausea, and short-term memory loss.
- A person was driving a company car for work and was hit by a bus, resulting in a serious spinal injury. Their case was more complicated than most because it involved personal injury, as well as, workers’ compensation.
While some workplaces come with a higher risk of harm than others, employees injured on the job have the law on their side. Workers’ compensation laws arose in response to corporate negligence and long-overlooked risks to worker safety. Today, legal protections are available to you after a workplace injury. If you have been hurt at work, you need an experienced workers' compensation attorney to demand fair compensation. The Accident Recovery Team fights for clients injured at work with experience and committed determination. Our attorneys gather medical evidence, conduct depositions and manage other steps required to build a strong case.
Your Trusted, Experienced Attorney
Accident Recovery Team’s workers' compensation attorneys know the right steps to take, handling your case from start to finish. Our attorneys have decades of experience in Kansas workers' rights and with workers’ compensation cases. The legal process concerning these claims is complicated and intimidating to anyone who isn’t familiar with the law. The paperwork alone can be overwhelming for anyone filing for the first time. Particularly because statutes and regulations vary from state to state.
The Accident Recovery Team takes pride in standing up for injured clients. We build a strong, winning argument on your behalf. If you’ve been injured at work, consider the benefits of working with the professionals at Accident Recovery Team. We know the games insurance companies play and we demand fair compensation that holds negligent employers accountable.
Important Deadlines for Your Claim
If you have suffered an injury, it’s important to seek medical attention right away. You must also notify your employer within 10 days of the date of accident. The notice may be verbal, but written notice is preferable. If available, ask to complete an accident report. The accident date is important because there are time limitations you must comply with to pursue a workers compensation claim. Failure to provide timely notice can result in an otherwise valid claim being denied.
If you provide your notice of injury, you then have 200 days from the date of the accident to make a written demand for any of the recognized workers compensation benefits. If a written demand for benefits has been denied or there is no response, it’s time to take legal action. You then have 3 years from the accident date to file a case with the Division of Workers Compensation. Failure to promptly provide a written claim or file a case can result in an otherwise valid claim being denied.
Types of Injuries
If the injury results in any permanent residual effects you may also be entitled to compensation. Claimed injuries are commonly physical injuries that result from a specific event in time. However, injuries may also be conditions that have progressed or worsened over time through repetitive activity. Specific accidents and injuries through repetitive activity may also cause an aggravation, acceleration, or exacerbation of a pre-existing condition. In this instance, the injured worker may still be entitled to treatment and compensation. Vision loss, hearing loss, respiratory injury, and even psychological injury are all compensable. There must be sufficient evidence to establish that work activities have caused damage in these areas.
Receiving Payment for Medical Treatment
The employer or its insurance carrier are responsible to provide all reasonable and necessary medical treatment. This also means they have the right to appoint the authorized treating doctor. Any medical costs incurred from outside the authorized treating doctor means the employer or insurance carrier may not have to pay. You may be responsible for the bill. Try to avoid unauthorized medical treatment without first seeking a legal consultation.
Both temporary and permanent disability resulting from accidents at work require the employer to pay. Adequate medical care must be provided and long term bodily harm must be considered in the settlement. Calculating this figure, and strongly advocating for it, requires experienced legal representation.
There are many kinds of damages that can be paid out in a workers compensation case.
- First, there are weekly temporary total disability payments. These pay for lost wages while you are off work, on restricted duty and in treatment.
- Second, at the end of treatment, there is also an assessment of physical damages. This is represented by a percentage of functional impairment in the opinion of the doctor. Typically, physicians appointed by insurance companies rate the impairment affect much lower. This can result in a lower value of compensation and lower settlement offer.
- Third, you may be able to seek damages for loss of the job. This can occur if the employer is unable or unwilling to return you to work after your treatment is over. This is referred to as a Work Disability.
- Lastly, in some cases, additional money is paid toward future medical needs.
No matter what kind of damages you’re seeking for your workers compensation case, never go at it without legal consultation.
Contact Accident Recovery Team Today
Reach out to the Accident Recovery Team today to discuss a workplace injury suffered by you or a family member. Your consultation is always free. The Accident Recovery Team works on a contingency fee basis, so we get paid when we settle or win the case. No legal fees, no hidden fees, no fine print. We never ask for a check for attorney or staff time, or for expenses like records requests or administrative fees. Reach out on our website, over the phone or through any of our social media channels.