Your rights under workers' compensation laws.

As an injured worker, you have the right to have your employer or workers' compensation insurance company pay for all necessary medical treatment. Under both Kansas and Missouri law, the employer has the right to choose the treating doctor. However, under Kansas law, you can incur up to $500.00 in unauthorized medical expenses from any doctor you like, and the insurance company will be required to pay up to that amount.

Also, if the doctor certifies that you are unable to work, you will be entitled to weekly checks known as temporary total disability benefits. Generally, your temporary total benefits are two-thirds of your gross average weekly wage subject to certain maximums which increase each year.

You may also be entitled to compensation for permanent disability or permanent impairment as a result of your injury. The amount you will receive for your permanent injury depends on the extent of your impairment and disability, as determined by doctors or vocational experts, the part of the body injured and your average wage at the time of your injury.

If you are unable to return to any work because of your injury, you may qualify for permanent total disability benefits. In permanent total disability cases, you are entitled to a weekly benefit for your entire life, except that Kansas law provides a cap of $125,000.00 for these benefits. There is no cap for these benefits in Missouri.

What to do if you are injured at work.

If you are hurt at work, the first thing you should do is immediately report your injury to your supervisor. Do not delay in reporting your injury. You can lose your protection by not reporting your injury. The laws in both Kansas and Missouri require an employee to give prompt notice of any injury. The next thing you should do is request medical treatment. It is the employer's obligation to provide you medical care. Under Kansas and Missouri law, the employer has the right to select the treating doctor. If the employer does not refer you to a specific doctor, you should ask the employer if it is all right for you to see your own doctor or whether they have a particular doctor they want you to see.

Also, the laws in Kansas and Missouri contain time limits known as statutes of limitation. In Kansas, a written claim for compensation, signed by the injured worker, must be served on the employer within 200 days after the accident or last payment of compensation or authorized medical treatment, or within one year of the last of those dates if the employer failed to file an accident report as required by law. In Missouri, a claim form signed by the injured worker must be filed with the Division of Workers' Compensation within two years after the date of accident or the last payment of compensation or the last medical treatment, or within three years of the last of those dates if the employer failed to file the report of injury with the state as required by law.

Do I need a lawyer for my workers' compensation claim?

An experienced lawyer can assist you during all stages of your workers' compensation claim.

If your employer has denied that your accident occurred at work, or will not provide necessary medical treatment, you will probably need a lawyer to pursue your claim. In situations of denial or refusal to treat, your lawyer will file for a hearing before an Administrative Law Judge who can order your employer and the insurer to provide you benefits.

Also, if you are not satisfied with the company doctor, a lawyer may be able to assist you in obtaining treatment from a different physician. A lawyer can also ensure that you are being paid all the money you are entitled to during the time you are off work because of your injury. It is possible for the insurance carrier to miscalculate your average wage or leave out overtime that you worked before the accident which should be included in your wage calculation.

You may be satisfied with the medical treatment you received and the weekly benefits you were paid, but you still may have questions regarding your permanent disability settlement. An experienced lawyer can analyze your case, have you seen by another doctor or vocational expert and be sure that you receive a fair and just settlement for your permanent disability. The workers' compensation insurance company will not have your best interests in mind in trying to reach a settlement with you.