Topeka Workers’ Compensation Lawyers
Get the Settlement You Need to Get Back on Your Feet
Workers’ compensation is supposed to provide injured employees with all the resources they need to heal and eventually return to work safely. That includes money for medical care, reimbursement for lost wages, and payment for any other costs associated with their injury. If the injury causes them to lose their job entirely, a claim should ideally help that person support themself until they find a new line of work.
However, as for-profit companies, workers’ compensation insurers have one goal: To pay the smallest settlements possible to injured workers. To do that, adjusters rely on years of experience challenging claims and, sometimes, taking advantage of desperate workers who need compensation sooner than later. We find this practice unacceptable.
For more than 100 collective years, our lawyers at DiPasquale Moore have been fighting for injured workers throughout Kansas. Our team has recovered millions in verdicts and settlements, helping the injured get medical care and financial support.
If you were injured at work, we want to make sure you receive a fair settlement. Call us today at (785) 470-4244 to schedule a free consultation with one of our Topeka workers’ compensation lawyers.
Who Can File a Workers’ Compensation Claim?
Almost every employee in Kansas is covered by some form of workers’ compensation insurance. This is true whether you work full-time, part-time, or even seasonally. Small companies and large corporations alike are required to carry workers’ compensation insurance to cover their employees.
This insurance kicks in whenever someone is injured at the workplace or on the job. Workers’ compensation claims do not need to prove liability in any form. That means even if you or a coworker made a mistake that led to an accident, you can file—and receive—a claim.
Workers’ compensation should cover everything from small injuries that require a quick trip to the ER or urgent care to workplace catastrophes that may result in lasting disability. Of course, the size of your settlement will reflect the losses you have faced due to the injury. Anyone who suffers a workplace injury that leads to hospital bills and/or missed work and wages should look into filing a claim.
Reporting Workplace Injuries
If you wish to file a workers’ compensation claim after being hurt on the job, you must file within 20 calendar days of the injury. If you quit your job after the accident, you only have 10 calendar days to provide notice. Though you can alert your employer by having a conversation, we recommend putting everything down in writing, with a date, so it’s clear you did your part. Your employer may have a policy that tells you who to report the injury to; if not, you should notify your immediate supervisor.
Your report of an injury should include:
- The date and time
- The location
- Your name
- Details of the accident and the injury it led to
You do not need to have a diagnosis at this point—you can simply write down the symptoms you experienced.
Your employer is then responsible for reporting the injury to their insurer right away. If you are facing delays in the process, it’s best to reach out to a lawyer sooner rather than later. We can check in with your employer to learn the status of your case and continue to follow up with them or the insurer if necessary.
What Is Included in a Workers’ Compensation Settlement?
If you file a workers’ compensation claim, you can expect to recover medical expenses and reimbursement for lost wages. However, the settlement you are offered will not include some damages, like pain and suffering, that are common in personal injury suits. Workers’ comp is meant to provide basic financial support to individuals who are taken out of the workforce because of an injury. It is not meant to provide other damages or punish people or companies that may have been implicated in your accident.
Because of this, you may want to explore the possibility of filing a third-party personal injury claim if your accident and injury were caused by someone outside of your company. However, these claims can be harder to win. We can help you explore the possibility at the same time we go through your workers’ compensation claim.
After reviewing your accident an injury, we can calculate the amount you should receive for:
- Medical bills
- Reimbursement for travel to access medical care
- Temporary Total Disability (TTD) benefits that kick in after you have missed 7 days of wages
- Permanent Total Disability (PTD) or Permanent Partial Disability (PPD) for workers who sustain lasting injuries
- Death benefits for the survivors of a deceased worker
Replacement wages will not equal your full paycheck: You will receive around two-thirds of your normal salary or hourly pay, up to a cap. This means it is especially important to ensure all your medical care is fully covered.
What If My Employer Doesn’t Have Workers’ Compensation?
Unfortunately, some companies either don’t carry workers’ compensation or lie to their employees about their coverage. If this happens, or if your employer pressures you not to file, it’s time to reach out to a lawyer immediately. There are still options for help, and we want to make sure you are fully protected while pursuing them.
It is illegal for an employer to retaliate against any worker who files for workers’ compensation or alerts the state about their company’s failure to provide proper coverage. When you have an attorney on your side, your employer may think twice about trying to intimidate or punish you. We can start working with you immediately to document your experiences and actions. If your employer does take any illegal actions against you, we are ready to help you challenge them in court if necessary.
How a Workers’ Comp Attorney Helps Get What You Need
Injury attorneys have similar training and experience to insurance adjusters. We know how much an injury will cost you in terms of lost wages, medical care, and long-term rehabilitation. We know how to counter common reasons for denial and gather the right documents to prove every part of your claim. There’s just one vital difference between one of our attorneys and an insurance adjuster: We’re actually fighting for you.
Our attorneys care about the outcome of your claim. We want to ensure your family is taken care of. DiPasquale Moore won’t agree to a bare minimum settlement—we’ll fight to make sure you get as much money as you and your family need to move forward from your injury.
Ask Our Workers’ Compensation Lawyers for Help Today
We understand there can be complex politics involved in reporting workplace injuries and filing for workers’ compensation. The process can also be complicated, especially for someone who needs to focus their time and energy on recovering. Our team does not want either of these things to stand in the way of you getting the help you need.
We can handle the nuts and bolts of your claim, so you do not have to worry about any of it. Whether that means helping you contact an approved medical provider or submitting evidence of your injuries, our lawyers can take on the work while you rest and recover. We have over 100 years of combined experience helping the injured find a way forward after serious accidents. Let us be there for you if a workplace injury has disrupted your life.
Start your workers’ compensation claim today by calling us at (785) 470-4244 for a free consultation. We promise you will pay us nothing until your settlement arrives.