Kansas City Workers’ Compensation Attorneys
Workers in Kansas City face countless hazards every day, whether they are scaling scaffolding on a new downtown skyscraper, operating forklifts in the busy warehouses of the West Bottoms, or caring for patients at Truman Medical Centers. An injury can happen in an instant, and suddenly your life is filled with pain, doctor’s appointments, and the overwhelming stress of how you will support your family when you can’t work.
The workers’ compensation system is supposed to be a safety net for employees in both Missouri and Kansas, but dealing with a workers’ comp claim while trying to recover can feel like a full-time job in itself. At DM Injury Law, our team understands the physical, emotional, and financial toll a workplace injury takes. We are here to lift the legal burden from your shoulders so you can focus on what matters most: your health and your family.
A dedicated Kansas City workers’ compensation lawyer from our firm can help you understand your options, fight for the benefits you are entitled to, and ensure your voice is heard throughout the process. We are committed to protecting the hardworking people of our community.
We operate on a contingency-fee basis, which means you don’t pay unless we win.
Call (816) 888-7500 or contact us online today for a free consultation.
Key Takeaways About Kansas City Workers’ Compensation Claims
- Workers’ compensation is a no-fault insurance system providing medical care and wage replacement benefits to employees injured on the job.
- Strict and different deadlines apply for reporting injuries and filing claims in Missouri and Kansas, making prompt action essential.
- Benefits may include medical treatment, temporary or permanent disability payments, and vocational rehabilitation.
- In some cases, an injured worker may have a third-party liability claim against a negligent party other than their employer, allowing for additional compensation.
- Insurance companies often deny or undervalue valid claims, making legal representation a critical tool for securing fair benefits.
- Federal employees and certain specialized industry workers, like those on the railroad, are covered by separate federal compensation systems with different rules.
How Our Workers’ Compensation Attorney in Kansas City Supports You
When you are injured, the insurance company you are up against has a team of adjusters and lawyers, along with nearly unlimited resources, all dedicated to paying you as little as possible. To level the playing field, you need a firm with the strength and capabilities to fight back effectively. At DM Injury Law, our size is one of our greatest assets for our clients.
With a team of approximately 70 attorneys and 250 support staff members, we have dedicated departments for every aspect of your case. From the initial intake and investigation to gathering medical records and litigating in court, focused professionals are handling each step. This structure allows our attorneys to focus on legal strategy and advocacy for you.
We have the financial resources to hire accident reconstructionists, medical specialists, and vocational experts to build the strongest possible case on your behalf. We work on a contingency fee basis, which means we only get paid if we successfully recover compensation for you.
Our Workers’ Comp Case Results
Don’t wait to seek help after a workplace accident. Time is limited. Here are a few case results we at DM Injury Law have secured for injured workers:
- $1,028,059: Our client was hurt after falling from a ladder.
- $837,120: Our client slipped and fell in a puddle in a kitchen at the nursing home where he worked.
- $450,000: Our client was working on a car, and the hood fell on him.
Understanding Your Rights Under Missouri and Kansas Workers’ Compensation Laws
Workers’ compensation is a mandatory insurance program for most employers in both Missouri and Kansas. Its purpose is to provide a streamlined process for injured workers to receive necessary medical care and partial wage replacement without having to prove their employer was negligent. This is often called a “no-fault” system. In exchange for these benefits, employees generally cannot sue their employer directly for the on-the-job injury.
While the goal is simplicity, the reality is often far more complicated. Insurance companies are for-profit businesses motivated to minimize payouts. They may challenge the severity of your injury, question whether it happened at work, or deny your claim for a minor procedural reason.
A workers’ comp lawyer in Kansas City serves as your advocate, ensuring your claim is properly filed and defending your rights against the tactics of large insurance carriers. Our firm handles cases on both sides of the state line, and we are deeply familiar with the nuances of each state’s system.
Critical Deadlines: The Statute of Limitations in Missouri vs. Kansas
One of the most critical aspects of any workers’ compensation claim is meeting the strict deadlines for reporting your injury and filing a formal claim. Missing one of these dates could permanently bar you from receiving any benefits. Because our Kansas City office serves communities in both states, it is vital to understand the different requirements.
Missouri Workers’ Compensation Deadlines
In Missouri, the law sets out a clear two-step timeline.
- Notice to Employer: You must notify your employer of your injury in writing within 30 days of the accident.
- Filing a Claim: You have two years from the date of the injury (or from the date of the last benefit payment) to file a formal Claim for Compensation with the Missouri Division of Workers’ Compensation.
Failure to provide notice within 30 days can jeopardize your claim, so it is crucial to act quickly, even if you think your injury is minor at first.
Kansas Workers’ Compensation Deadlines
Kansas has a slightly different set of rules that you must follow carefully.
- Notice to Employer: You must report your injury to your employer within 20 calendar days from the date of the accident. The law allows for some exceptions if you are unable to report, but this should be done as soon as possible.
- Filing a Claim: You have three years from the date of the accident or two years from the date of the last compensation payment to file an application for a hearing with the Kansas Division of Workers Compensation.
These deadlines are not suggestions; they are firm legal limits. An experienced KC work injury lawyer can help ensure all paperwork is filed correctly and on time, protecting your right to benefits.
What Benefits Are Available Through a Workers’ Comp Claim?
If your claim is successful, you are entitled to specific benefits designed to help you recover and manage the financial impact of your injury. The exact amounts and duration of these benefits can vary, but they generally fall into several key categories.
- Medical Bills: Coverage for all medical treatments related to your injury or illness, including hospital visits, surgery, medication, physical therapy, and necessary medical equipment.
- Lost Wages: Partial reimbursement for wages lost due to the injury. This is usually 2/3 of your average weekly wage, subject to state-mandated limits.
- Permanent Disability Benefits:
- Temporary Total Disability (TTD): If you are unable to work temporarily, you may receive TTD payments.
- Permanent Total Disability (PTD): If your injury leaves you permanently unable to work, you may be eligible for PTD payments.
- Permanent Partial Disability (PPD): If you can return to work but with a reduced capacity, PPD compensates you for the permanent limitations.
- Death Benefits: In the case of a worker’s death, the worker’s dependents (spouse, children) may receive death benefits, including funeral expenses and wage replacement.
- In Missouri and Kansas, you can receive up to $5,000 for funeral and burial expenses.
Understanding which benefits you are eligible for and ensuring you receive the correct amount is a complex process where legal guidance can be invaluable.
Call (816) 888-7500 or contact us online today for a free consultation.
The Construction Industry: A High-Risk Environment for KC Workers
From the ongoing development downtown to major infrastructure projects across the metro, construction is a driving force of the Kansas City economy. However, it is also one of the most dangerous industries for workers.
According to the Occupational Safety and Health Administration (OSHA), the leading causes of private-sector worker deaths in the construction industry are falls, being struck by an object, electrocutions, and getting caught-in or between objects.
Common construction site accidents that lead to workers’ compensation claims include:
- Falls from ladders, roofs, or scaffolding
- Trench collapses
- Accidents involving cranes, forklifts, or heavy machinery
- Building material collapses
- Electrocutions and electrical burns
- Exposure to hazardous chemicals or materials
These incidents often result in severe, life-altering injuries. While workers’ compensation is the primary source of benefits, the unique nature of construction sites often opens the door to other legal avenues for financial recovery.
Beyond Workers’ Comp: Exploring Third-Party Liability Claims
While you cannot sue your employer for a work injury, you may be able to file a separate personal injury lawsuit against a negligent third party. A “third party” is another person or company, separate from your employer, whose carelessness contributed to your injuries. This is a crucial distinction because a third-party claim allows you to seek compensation for damages not available through workers’ comp, such as pain and suffering.
A workers’ compensation attorney in Kansas City from our firm will thoroughly investigate your accident to identify if any third parties may be liable.
- A Negligent Driver: If you were driving for work and were hit by a driver from another company, you could file a claim against that driver’s insurance.
- A Defective Equipment Manufacturer: If your injury was caused by a malfunctioning power tool, a faulty ladder, or defective safety equipment, the manufacturer could be held responsible.
- A General Contractor or Property Owner: On a large job site like those seen around the Power & Light District, multiple companies work together. If the general contractor or property owner failed to maintain a safe environment, leading to your injury, they could be liable.
- A Subcontractor: If an employee from another subcontracting company on the same site acts negligently and causes your injury, you may have a claim against that company.
Pursuing both a workers’ compensation claim and a third-party lawsuit simultaneously is complex and requires a deep understanding of how they interact. Our extensive resources allow us to manage these multifaceted cases effectively.
Federal vs. State: Understanding Who is Covered
The vast majority of employees in the Kansas City area are covered by either Missouri or Kansas state workers’ compensation laws. However, certain groups of workers fall under federal jurisdiction and are covered by entirely different systems with their own unique rules, procedures, and deadlines.
This includes:
- Federal Employees: Postal workers, TSA agents at KCI, and employees at federal government offices in Kansas City are covered by the Federal Employees’ Compensation Act (FECA).
- Railroad Workers: Employees of major railways that run through the region are protected under the Federal Employers’ Liability Act (FELA), which is a fault-based system.
- Maritime and Harbor Workers: While less common this far inland, certain workers on navigable waterways like the Missouri River may be covered by federal maritime laws like the Jones Act.
It is essential to identify the correct system that applies to your case from the very beginning. Our attorneys have the experience to determine the proper jurisdiction for your claim and guide you through the correct legal process, whether state or federal.
What Steps Should I Take After a Work Injury?
After getting hurt at work and receiving initial emergency medical care, the steps you take in the following days and weeks can significantly impact your claim. From the comfort of your home, you can begin to organize and protect your rights.
- Provide Formal Written Notice: If you only gave a verbal report at the time of the accident, be sure to follow up with a formal, written notice to your supervisor or HR department as soon as possible. Keep a copy for your records.
- Adhere to Medical Instructions: It is critical to follow the treatment plan prescribed by the authorized doctor. Attend all follow-up appointments, go to physical therapy, and take medications as directed. Failing to do so can give the insurance company an excuse to deny your benefits.
- Document Everything: Keep a detailed journal of your symptoms, pain levels, and any ways the injury impacts your daily life. Save all paperwork, including medical bills, letters from the insurer, and receipts for any related out-of-pocket expenses.
- Be Careful When Speaking to Insurers: The insurance adjuster assigned to your case may seem friendly, but their job is to protect the insurance company’s bottom line. Avoid giving a recorded statement or signing any documents without first speaking to a lawyer.
- Consult a Workers’ Compensation Attorney in Kansas City: The sooner you get a legal professional involved, the better. We can take over communications with the insurance company, handle all paperwork, and ensure your rights are protected from day one.
Taking these proactive steps can help build a stronger foundation for your workers’ compensation claim.
Kansas City Workers’ Compensation Claims FAQs
Here are answers to some common questions our attorneys receive about workplace injury claims in Missouri and Kansas.
What happens if my employer does not have workers’ compensation insurance?
In both Missouri and Kansas, most employers are legally required to carry workers’ compensation insurance. If they fail to do so, they can face significant state penalties. More importantly for you, you may have the right to file a civil lawsuit directly against your employer for your injuries, where you could potentially recover a wider range of damages.
Can I be fired for filing a workers’ compensation claim?
No. It is illegal in both Missouri and Kansas for an employer to fire or otherwise retaliate against an employee for exercising their right to file a workers’ compensation claim. If you believe you have been wrongfully terminated after a work injury, you may have a separate claim for retaliatory discharge.
Do I have to see the doctor chosen by my employer or their insurance company?
Generally, yes. In both states, the employer or their insurance carrier has the right to direct your medical care, at least initially. You may have the right to a second opinion or to change doctors under certain circumstances, but you must follow the proper procedures to do so.
What should I do if my workers’ compensation claim is denied?
A denial is not the end of the road. Most initial claims that are denied are turned down for correctable reasons. You have the right to appeal the decision. The appeals process is complex and has strict deadlines, making it an ideal time to hire a KC work injury lawyer to represent you at hearings and fight the denial.
My injury developed over time from doing the same motion repeatedly. Is that covered?
Yes, these are known as repetitive stress injuries (like carpal tunnel syndrome or chronic back problems), and they are generally covered in both Missouri and Kansas. Proving that the injury was caused by your job duties, rather than other factors, can be challenging and often requires detailed medical evidence.
Contact a Trusted Kansas City Workers’ Compensation Lawyer Today
Dealing with a work injury is difficult enough without having to battle an insurance company for the benefits you deserve. At DM Injury Law, we are here to provide the support, guidance, and powerful advocacy you need. We will handle the legal details so you can put your energy into your recovery. Our team is ready to listen to your story, explain your rights in clear language, and build a strategy to pursue the maximum compensation possible for your case.
Your consultation is free, and there is no obligation. You will never pay us a fee unless we win your case. To get started, call our Kansas City office today at (816) 888-7500 or fill out our online form.
Call (816) 888-7500 or contact us online today for a free consultation.
Past results obtained on behalf of clients afford no guarantee of future results, and every case is different and must be judged based on its own merits.
