The worker’s compensation program is for the benefit of employees who suffer injuries in the “course and scope” of employment.
However, most injured workers find it difficult to navigate the complex and confusing worker’s compensation system. They may not even be aware if the injuries they have suffered are covered under worker’s compensation or how to go about filing a claim. Kansas worker’s compensation attorneys have compiled a small guide offering tips to injured workers, who want to receive damages under the worker’s compensation program:
• The first step is to immediately report the injury to the supervisor. If your employer has a process for reporting injuries, make sure you follow these instructions.
• You must inform the supervisor everything you know about the injury, such as what happened, where, when, and how.
• An important point to note is that failure to notify the authorities about the injury in time can jeopardize your chances of receiving the benefits. The injury must be reported within 30 days to be eligible for worker’s compensation.
• Request medical treatment if necessary. Remember, it is the duty of your employer to get you medical treatment from the physician of his choice. You should not be billed for the medical treatment.
• Kansas worker’s compensation lawyers advise that if the employer refuses medical treatment for you, you can choose your own physician and get the treatment. However, this should be your last resort. You can receive reimbursement for all your reasonable medical bills from the employer or insurance company.
• Workers should know that it is their right to get paid for the time period that they are off from work due to injury. They can also continue to get paid if the physician has prescribed some medical restrictions, and the employer is not able to accommodate those restrictions.
• Kansas worker’s compensation attorneys suggest that in case the physician gives some medical restrictions, the worker must notify the supervisor or employer immediately. It will give your employer a chance to decide whether he can offer you a lighter duty, or he wants to pay you by means of worker’s compensation.
• The worker’s compensation that you receive is two-thirds of the your gross weekly wages, up to a maximum of 75 percent. The lower limit is set at $25.
• Make sure you keep your employer informed about your medical condition by sharing the medical reports provided by the doctor.
• Another important thing that an injured worker needs to bear in mind is that he has to file a worker’s compensation claim within two years from the date of injury or the last payment made on account of the injury by the employer or insurance company.
• Please remember that no employer can fire you just because you filed a worker’s compensation claim.
If you feel you are getting tangled in the worker’s compensation web and not getting your rightful dues, you should get in touch with The Law Office of James M. Hoffmann at (816) 256-4300.
Photo credit: Kieran (AU) via Flickr