Recently in Kansas, the laws have changed in favor of the injured worker (see changes at the bottom of the post). Workers’ compensation in Kansas is a commonly misunderstood area of law. Due to this confusion, many injured workers do not take advantage of the benefits they have the right to receive under Kansas law. Scott Mann has 38 years of experience in representing injured workers in the state of Kansas. Through his success, we aim to clarify any misconceptions so that injured workers can secure the justice they deserve.
Workers’ Compensation Definition
Most states, including Kansas, have laws stating that if you are injured at work, your sole remedy is to file a workers’ compensation claim. The hard part is, this usually involves filing a claim against your employer. Most people understandably don’t want to do that. But, that’s just how things work. It’s important to understand both the upside and the downside of going through workers’ comp.
Upside of Work Comp
The upside is that workers’ compensation is not a fault-based system. If you are injured on the job, you are likely entitled to workers’ compensation benefits. The most significant benefit is that your employer can be required to pay 100% of your medical bills for life, covering any medical expenses related to your work injury. Additionally, you can receive compensation while you are off work and undergoing treatment for your injury.
Downside of Work Comp
The downside is that your employer gets to select the doctors you can see, limiting your choices. There are also caps on the benefits you can receive, which are defined based on the date of the accident. Given these complexities, if you’ve been seriously injured at work, you probably should retain an attorney with experience in handling workers’ compensation claims, like Scott Mann.
Kansas Work Comp Laws: Understanding the Legal Framework
Understanding Kansas work comp laws is crucial for any worker who has suffered an injury on the job. These laws outline your rights and the benefits you are entitled to receive. They also define the process for filing a claim and the timelines involved.
Legal Definition of Injury in Kansas
One of the most important things to understand is the legal definition of injury in Kansas. This definition can impact whether your injury qualifies for workers’ compensation. An injury must be directly related to your job duties, and the onset can be immediate or develop over time. Knowing this legal framework can be the difference between a successful claim and a denied one.
Will My Employer Fire Me for Filing Work Comp?
Most employers are wise enough not to fire you explicitly because you filed a workers’ compensation claim. However, it can happen. Scott Mann, a workers’ compensation attorney for Wichita, KS, is prepared to take on employers who retaliate against injured workers. With 38 years of experience, Scott has handled numerous cases where an employer fired an employee after a work injury or a prolonged absence due to the injury.
In these cases, besides your workers’ compensation claim, you may also have a retaliatory discharge claim against your employer. Additionally, you could be entitled to punitive damages due to wrongful termination.
If your employer is making things difficult after you’ve been injured at work, remember that you have the right to file a workers’ compensation claim and access the benefits entitled to you under Kansas law.
Attorney Scott Mann has a proven track record of protecting the rights of injured workers. We understand the fear and uncertainty that can accompany filing a claim against your employer, but we are here to guide you every step of the way. With countless success stories, you can trust that our workers’ compensation attorney will work tirelessly to make sure you are treated fairly.
The Employer Denied the Claim
Scott once represented a worker who fell into an open trapdoor on the job. Initially, the man went to the emergency room and seemed to be okay, but within 30 days, he began to lose the use of his legs, eventually leading to paralysis. Although the injury was reported, the employer and their insurance company denied the claim due to the time delay between the accident and the onset of paralysis.
In the end, Scott won the case, guaranteeing lifetime coverage for his client’s medical care. It was incredibly fulfilling to help the injured worker, knowing his medical expenses are taken care of for life.
Proving a Pre-existing Condition Needed Payment
Scott Mann is currently handling a case where a client suffered severe burns on a third of his body due to anhydrous ammonia. His client had a pre-existing condition, chronic kidney disease, which was well managed before the accident. However, the chemical exposure rapidly advanced the disease to end-stage kidney failure, requiring dialysis and a kidney transplant.
Scott Mann successfully argued that the work injury significantly accelerated the progression of the pre-existing condition, ensuring that all of the client’s treatment would be covered by workers’ compensation.
Kansas Work Comp Laws Have Changed
Starting July 1st, 2024, several changes in the law have been made for workers’ compensation in Kansas. Benefit rates have now doubled in favor of the injured worker. For example, the death benefit has increased from $350,000 to $500,000, and medical care is now unlimited for life for work-related injuries.
If you’ve been injured, contact an experienced work comp attorney. Scott Mann has 38 years of experience in representing injured workers in Kansas. He is well-versed in the latest changes in the law and how they can benefit you.
Workers’ Compensation Lawyer Kansas City
If you’ve been injured at work in the Kansas City Kansas area, it’s easy to feel overwhelmed and uncertain about your next steps. That’s why Scott Mann, a workers’ comp lawyer for Kansas City, is here to help. Scroll below to sign up for a free case estimate and case analysis.
“Even with diligent and zealous representation, not all cases can be won. Every case is different and results are based on specific factual and legal circumstances, and similar results may not be obtained in your case. Our past performance is no guarantee of future results.” – Mike Wyatt, Personal Injury Attorney
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