Brad Pistotnik Law
Abogado El Toro

Who is at Greatest Risk for a Transportation Accident in Kansas?

What are the injury and fatality rates for the most dangerous professions in Kansas? How do workers injured in transportation accidents file for workers' compensation insurance benefits? The fact is that many workers are injured or killed on the job in Kansas and the workers' compensation insurance program is designed to provide benefits to these individuals and their survivors that helps cover their medical expenses, lost wages, and disabilities. Kansas has had a horrible set of new laws come into effect since 2010 and your rights have been personally reduced. Many lawyers have stopped practicing workers compensation law because of how bad the law in Kansas is. At some point they will kill the law to such an extent that the normal worker will have a hard time getting a lawyer to take their case on. We still take workers compensation cases at Brad Pistotnik Law, especially when you have been hurt on the job and another person that is not a co-worker caused your injury or like when you are in a car accident driving a company vehicle and some other driver hurts.

There were 74 worker fatalities in Kansas in 2016. 69 were men and 5 were women. The demographic at greatest risk of workplace fatality were men between the ages of 35-44. The most dangerous professions were mining, construction, and maintenance which accounted for 24 fatalities. Production, transportation, and material handling accounted for 18 fatalities. These two sectors accounted for 57% of workplace fatalities. 37, or a full 50% of the fatalities in Kansas in 2016 were the result of transportation accidents. Most of these were due to the fault of the employer. In Kansas, fault of the employer does not matter. You just have to prove that you were injured in the course and scope of employment.

In 2016, waste management personnel had the dubious distinction of having the highest injury rate in the state at 11.3 per 100 workers. Many of these injuries occur when vehicles either strike the truck, when workers are crushed by the compactor, or when personnel are struck by vehicles as they load garbage into the truck. This rate was higher than it was for truck drivers and other transportation personnel who had an injury incidence rate of 3.2 per 100 workers. Statewide, there were 14 fatalities in 2016 within the transportation and material handling sector. Utility personnel are also at considerable risk for transportation accidents while driving to work locations or from being struck by vehicles as they work on power lines, transformers, and utility boxes. In 2016 utility workers had an injury incidence rate of 3.2 per 100 workers and no fatalities.

Workers in Kansas who are injured in a transportation accident have a very limited window to apply for workers' compensation insurance benefits. We always folllow the ten day rule that you must notify your employer of your on-the-job injury within the first ten days following your accident. The law now requires notice of your injury in the first ten days of the accident or you could have a substantial defense raised. Moreover, individuals are also required to notify their employer that an injury has occurred. NEVER WAIT PAST THE FIRST DAY PERIOD AND I ALWAYS RECOMMEND YOU NOTIFY THE EMPLOYER IN WRITING KEEPING A COPY FOR YOUR RECORDS TO PROVE WHO YOU HAVE THE NOTICE TO.

For toxic exposures or illnesses caused by bacteria and other pathogens, employees are required to notify their employer as well. These notifications must include information regarding the date, time, and location of the injury. Individuals must also identify how the injury occurred and what symptoms the injury caused. Failure to adhere to these requirements can result in a claim being dismissed, thus it is crucial for injured workers to adhere to the earliest possible deadline as it applies to their circumstances.

If the individual dies as a result of their injuries, the surviving dependents can file workers' compensation insurance claims for 67% of the individuals weekly pay. Up to $40,000 may be paid in a lump sum at the start of the case, and individuals may also submit claims for all medical expenses and funeral expenses. If the survivors are children, the benefits will receive these benefits until they turn 18 and longer when still, enrolled in college. There are additional benefits that the spouse and children can receive in addition to the first lump sum payment. Kansas caps out workers compensation death cases and is one of the more unfair states.

Remember that if you were intoxicated with alcohol, marijuana or other illegal drugs and some prescription medications it can lead to a full defense so tell your lawyer if you believe you were intoxicated.

Brad Pistotnik Law represents workers who are seeking workers' compensation insurance benefits in Wichita, Garden City, Dodge City, Great Bend, Colby, Hays, Salina, Newton, McPherson, Wellington, Winfield, Arkansas City, Emporia Kansas City, Hays, Wellington, Hutchinson, Goodland, Colby, Arkansas City, Overland Park, Lawrence, Liberal or elsewhere in Kansas, Nebraska, Oklahoma, Missouri, or Illinois. Our firm helps clients prepare benefit applications and provides representation throughout any appeals process that may arise from a workers' compensation claim.

We are Brad Pistotnik Law. ® We are Abogado El Toro. ® Hire the real Brad. ® Call in the Bull. ® We are the Bull Attorneys! ™ Call us at 1-800-241-BRAD or call us on our local line at 316-684-4400. You can call 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. Our main office location is at 10111 E. 21st St. N., Suite 204, Wichita Kansas 67206.