Workers Compensation Benefits

When you have an on-the-job injury, you need to know what your rights, workers compensation benefits and obligations are. Read More

If you are injured at work, the first thing to do is tell your employer. Prompt notice is a key to ensuring you receive all benefits. Before you give a recorded statement, you should consult an attorney experienced in workers compensation.

Most employers have workers compensation insurance that covers you if you have been injured on the job. You are generally entitled to benefits and compensation for an on-the-job injury whether you, a fellow worker or your employer was at fault. Work needs to be the prevailing factor in causing your injury and disability.

Dean Law Office, LLC can ensure that you receive all of your benefits and that your final award is the maximum recovery. Call Margaret Dean at 816-753-3100 for a free consultation.

The following benefits are available:

+Medical care and expenses.
Your medical expenses including doctor bills, physical therapy and prescriptions should be paid 100% by your employer. If you are receiving any bill or are asked to pay a copay, it is a red flag that something is wrong. We can help if there is a problem. Read More

+Temporary Total Disability. TTD is payment for lost wages.
If you are out-of-work because of your injury and the doctor states you can’t work, your employer should be paying you two-thirds of your average weekly wage subject to a waiting period (3 working days in Missouri and 7 days in Kansas) and subject to the state maximum allowance. Read More

+Temporary Partial Disability. TPD is also payment for lost wages.
Temporary partial disability is paid when you have returned to work but are not working as many hours as you did before the accident. Read More

+Permanent Disability.
If you have a lasting effect from your injury, you are generally entitled to a lump sum payment for that disability which can be permanent partial disability (PPD) or permanent total disability (PTD). The legislature has assigned values in terms of weeks of compensation to various parts of the body and to the entire body. The lump sum payment you receive will close your case. Read More

+Permanent Total Disability.
If you are permanently and totally disabled from all types of employment, you may quality for permanent total disability benefits. Read More

 

Work Disability.

In Kansas, if after reaching maximum medical improvement, you go back to a job earning less than 90% of your pre-injury wages, you may also be entitled to work disability payments. Read More

 

REPORT YOUR INJURY, REPORT YOUR INJURY, REPORT YOUR INJURY.

You must immediately report any injury or occupational illness to your supervisor or the representative designated by your employer. When do you report? When you have the accident, not when you think your medical condition is not getting better. When? Read More

 

The Second Injury Fund

Additional benefits may be available from the Second Injury Fund in Missouri. The Second Injury Fund compensates an injured worker when his or her current injury combines with a prior disability to create an increased combined disability. The purpose of the Second Injury Fund is to encourage employers to hire employees who have disabilities. The prior disability need not have been work related. Read More

Claims

 

Choice of Law.

In some cases it is important to analyze where the claim should be filed. If you work out of one state but are injured in another state, you may have a choice as to where to file your workers compensation claim. Read More

 

Filing a Claim.

Under workers’ compensation law, an employee must file a Claim for Compensation (Missouri) or Application for Hearing (Kansas) with the Division of Workers’ Compensation, within two years from the date of injury or last payment made on account of the injury by the employer or its workers’ compensation insurance carrier. Read More

 

The Independent Medical Examination (IME) or rating appointment.

The goal of an IME or rating is to obtain an expert opinion that can be used in your case in determining your disability. When you are released from treatment, Dean Law Office, LLC will obtain a rating of your disability. Read More

Legal

Appearance at Court.

Your appearance at court may be required for pre-hearing conferences, voluntary conferences or settlement hearings. It is not the rule of the judge to tell you whether the settlement is fair. Read More

 

Third Party Actions.

It is important in every case where there is an accident on the job to analyze whether someone besides your employer can be held responsible. In workers compensation, you are not awarded pain and suffering. Pain and suffering can be a significant component of any injury. Read More

 

Light Duty, Limited Duty, Restricted Duty.

(These terms all mean that you can do some work but you cannot do your full job.)
Oftentimes the treating doctor will release you to light duty also known as limited duty or restricted duty. After each doctor’s visit, the doctor will give you a document that is meant to let you and your employer know if you can work and, if so, what limitations or restrictions you have. Read More

 

Recorded Statements.

You must cooperate with your employer in order to receive workers compensation benefits. It is not a good idea to give a recorded statement until after you speak with an attorney. Missouri and Kansas law does not provide workers compensation coverage if it can be established that the hazard leading to the injury is a hazard to which the worker was equally exposed to outside employment. Read More

 

Coordination of Benefits.

The accident that you had or the occupational disease or illness that lead to your workers compensation claim, may be so severe that you become entitled to social security disability benefits or disability benefits through a disability policy. Read More

 

Make the most of every doctor’s visit.

Every doctor is extremely busy, so you need to maximize the time you have with the doctor. If you are having problems, be prepared to tell the doctor what the problems are. Read More

 

Case Managers: Blessing or Curse?

Often the insurance company will assign a case manger to your workers compensation case. Generally, the case manager is a nurse. The case manager can be a benefit or an obstacle to getting medical care and in aiding in your recovery. Read More

 

Death Benefits.

In both Missouri and Kansas, all medical bills are paid if a worker dies due to a compensable on-the-job injury.

When a death results from a work-related accident, funeral expenses up to $5,000.00 are payable. Read More

 

Why hire Dean Law Office, LLC?

To make sure you get all benefits in a timely fashion.

To get a maximum recovery. The money you receive as compensation for your disability has to last you a lifetime.

You are experiencing problems such as: medical bills not being paid for, TTD or TPD is figured incorrectly, you aren’t getting the medical care you need, or you are getting the run around.

The insurance companies have spent million of dollars trying to convince the public that attorneys are all about frivolous litigation. There is nothing frivolous about being injured on the job.

If you are interested in more information on Missouri or Kansas workers compensation case, please call Margaret Dean at 816-753-3100, or email me at attorneya@aol.com to schedule an appointment. There is no fee for an initial meeting and there is no fee if there is no recovery for you. All expenses are initially paid on your behalf.