What Is Workers’ Compensation?
As personal injury lawyers in the Kansas City area, we get a lot of calls about potential workers’ compensation cases. These cases stem from injuries you get on-the-job, and generally require that some kind of work activity caused your injury. They are a unique type of case in that you don’t have to prove negligence. They also have a few other unique aspects that we get asked about frequently. Here are some of those questions and my answers as a Kansas City personal injury lawyer:
Should I Sue for a Work Injury?
My general rule of thumb is that so long as your employer is providing you with the benefits to which you are entitled, then I do not think you need to sue. Stated more accurately, if you’re getting your benefits, I don’t think you need a lawyer. However, if you don’t get a fair settlement offer at the end of your case, or if you don’t think your employer is providing enough medical treatment or adequately accommodating your restrictions, then you should lawyer up and sue.
Can I Be Fired for Filing a Workers’ Compensation Claim?
In Missouri, it is illegal to fire a worker for exercising their rights under the workers’ compensation system. Exercising rights can be filing a claim, getting medical treatment, staying off work due to doctor’s orders, or getting paid a lump sum settlement at the end of your case. While it is illegal to fire a worker for exercising these rights, I cannot guarantee your employer won’t. If they do, you will probably have a claim for wrongful termination.
What Benefits Am I Entitled to After a Work Injury?
Generally speaking, your employer must provide you with medical care for your injuries. They get to choose the medical provider, but they must pay for it. If a medical professional, like a doctor, says you can’t work after an injury, then your employer must pay part of your average wage rate while you’re out. If you have restrictions, they must accommodate them at work. Finally, you are entitled to a lump sum payment at the end of your case depending on how disabled you are.
Get Help with Your Workers’ Compensation Case
These are but a few of the most common questions we get from potential workers’ compensation clients. If you or a loved on have questions about a work injury, please contact MRH Law. We are workers’ compensation injury lawyers, and we have the experience and knowledge to maximize your recovery.