What steps should injured workers take to ensure they receive the full compensation they are entitled to? Many workers don't know their rights under the law. As a result, unscrupulous employers coerce and convince them that they don't have the right to pursue compensation following an injury. When you suffer an injury at work, the first step you need to take is to educate yourself on your rights and the procedures for filing workers' compensation claims.
Worker Rights in Kansas
Injured workers in Kansas have the right to receive treatment from the physician of their choice. You can seek a second opinion or referrals as desired. You have the right to refuse the physicians recommended by the employer's insurance provider.
You have the right to refuse requests to provide a written or recorded statement to the employer, and you have the right to retain your job after your injury. You have the right to receive vocational training if your injury prevents you from returning to your current job. Kansas law also allows you to receive enhanced benefits when your work injury was the result of an employer's noncompliance with established safety regulations.
Pursuing Workers' Compensation Benefits in Kansas
Kansas law requires you to provide written notice to your employer within 20 days of the accident. Once you file your notice, your employer must submit this to the State Board of Workers' Compensation within 28 days.
At this point, it's common for employers to request a medical examination. Remember, your employer is responsible for paying for any medical evaluations they request. However, before you go to any examination or speak with an insurance company representative, you should first meet with a workers' compensation attorney.
Kansas law allows you to receive benefits for temporary disability, partial disability, or permanent disability. The total dollar amount awarded depends on your income before the injury and the disability rating you receive.
Documenting Your Injuries
You shouldn't delay treatment of injuries and should undergo all necessary appointments, therapies, and treatments as soon as possible. Maintain thorough documentation of your medical appointments, therapy sessions, and communications from your employer and their insurance provider. You will also want to maintain an accurate accounting showing your total expenditures. Finally, it's advisable to keep a diary that records the effect of the injury on your health, emotions, family life, and ability to work. You can use this documentation to establish the veracity of your claim.
Call in the Bull to talk with a work injury lawyer about your rights under Kansas law. Our team can help you pursue claims in Wichita, Liberal, Garden City, and throughout the state. You can call us at 1-800-241-BRAD, or call us on our local line at 316-684-4400 to speak with an attorney. You can reach Brad Pistotnik on his cell at 316-706-5020. You can call Tony Atterbury on his cell at 316-617-9237. You can call from Western Kansas at 620-THE-BULL.