Kansas City, Missouri Workers Compensation Attorney

Filing a workers’ compensation claim can be a complicated process with unexpected pitfalls that can potentially prevent you from getting the benefits you need.

The primary purpose of workers’ compensation is to ensure that injured workers receive necessary medical treatment, compensation for lost wages during their recovery period, and potential disability benefits if they cannot work temporarily or permanently due to their work-related condition.

Filing a work injury claim can be a complicated process. However, while the process may have its challenges, it is important to note that you do not have to go through it alone. Contact the Law Office of James M. Hoffmann.

What is Workers’ Compensation?

Workers’ compensation, or workers’ comp or workman’s comp, is a form of insurance that benefits employees who suffer work-related injuries or illnesses. It is a system designed to protect both workers and employers by providing financial assistance to workers who are injured or become ill on the job while also limiting employers’ liability.

US employers and their employees rely on the workers’ compensation system to resolve disputes about vocational injuries and disease and to provide for related worker needs. Workers’ compensation benefits are commonly awarded for work-related injuries, illnesses, and deaths, helping to meet the needs of injured workers and their families even when faced with overwhelming situations.

Questions About Your Workers Comp Claim?
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You do not have to be involved in a terrible accident to claim workers’ compensation benefits. Your injury could be a severe back strain from lifting a heavy object, a cumulative injury from repetitive tasks, or an illness related to chemical exposure.

The workers’ compensation process involves the Division of Workers’ Compensation, an insurance company, your employer, medical providers, and potentially a liable third party. It’s no wonder that injured workers find the process difficult to understand and hard to follow.

Benefits for an Injured Worker

You may be entitled to workers’ compensation if you have been injured. The laws passed by the state of Missouri require that your employer, or your employer’s insurance company, compensate you or your family for injuries or death that may occur while you are working.

You may be entitled to:

• Medical Care Benefits: This includes all costs for authorized medical testing and treatment, prescriptions, and medical devices. There are no deductibles or co-pays.
• Salary Compensation: You may be eligible for temporary wage compensation in the form of a weekly check until the doctor says you can return to any form of work and not merely the job you were doing at the time of the accident. You may also be eligible for benefits if you return to work on light duty at less than full pay.
• Temporary Total Disability: If the treating doctor certifies that you cannot work, you should be entitled to temporary total disability benefits under the Missouri Workers Compensation Law when you are off work.
• Permanent Partial Disability: If you are unable to return to work after your injury, you may be entitled to a settlement or payment for your permanent partial disability if you have a permanent disability as a result of a covered accident or injury.
• Permanent Total Disability: If you are permanently disabled from all types of employment, you may qualify for permanent total disability benefits under the Missouri Workers Compensation Law.
• Missouri Second Injury Fund: The Second Injury Fund is designed to compensate an injured employee when a current work-related injury combines with a prior disability to create an increased combined disability.
• Death Benefits: If the work injury or disease results in death, the worker’s dependents may be entitled to a weekly check. State laws usually create the right to workers’ compensation death benefits, and details of the program vary among the states.
• Third-Party Claims: If you are injured on the job, you have an absolute right to workers’ compensation benefits. Workers Comp will not compensate you fully for your losses. However, you may also get total compensation by pursuing a third-party claim – a personal injury claim against someone other than your employer.
• Social Security Benefits: Seriously injured workers should also consider applying for social security disability insurance or supplemental security income benefits and possibly disability retirement.

Types of Work Injuries

Millions of Americans are injured while on the job each year. There is a wide range of work-related injuries that an employee may suffer. Many of the injuries are due to overexertion, being caught in machinery, slip-and-fall accidents, burns, and repetitive motion injuries.

Some of the most common types of injuries include:

At the Law Office of James M. Hoffmann, we explain the workers’ compensation process to clients and can get involved at any state: initial application, resubmitting claims to insurance companies or appealing a case to an administrative law judge or a higher court.