Do I Qualify For Workers’ Compensation?
Many workers who are injured on the job rely on their employers to tell them whether their injury qualifies them to receive workers’ compensation, for how long and how much they can expect to collect. That can be a serious mistake with significant financial consequences.
At Kelly Law Office, P.C., a Liberty, Missouri, workers’ compensation law firm, we have more than 40 years of cumulative experience helping injured individuals collect the full amount of workers’ compensation they deserve.
Third-party injuries allow for alternative resolutions. Some workplace injuries involve a third party — a negligent independent contractor, for example, or the manufacturer of defective equipment. In these instances, an injured worker may be better served by pursuing both a workers’ compensation claim and a personal injury lawsuit. Our experience with both workers’ compensation and personal injury cases helps us determine the best course of action for you.
Does My Work Accident Qualify For Benefits?
Broadly speaking, there are three essential requirements to be eligible for workers’ compensation benefits:
- The person or company you were working for must carry workers’ compensation insurance or be legally required to do so.
- You must be an employee of that person or company.
- Your injury or illness must be work-related.
Not all employers are required to carry workers’ compensation. In Missouri, companies with five or more employees must be covered, although contractors with even one employee must also buy coverage. It is important to note that Missouri law does not distinguish between employees of different employment statuses. The statutory definition of “employee” includes both full- and part-time workers, seasonal and even temporary employees.
Kansas law requires all employers to carry workers’ compensation insurance except for those in certain agricultural pursuits or those with a gross annual payroll of $20,000 or less. Employment categories excluded from the law in Kansas include certain agricultural pursuits, realtors who qualify as independent contractors and certain owner-operator vehicle drivers covered by their own occupational accident insurance policy.
We Protect Your Rights
Some workplace injuries are the direct result of a single incident, but others such as chronic back pain or repetitive stress injuries are more difficult to tie directly to work activity. In these cases, it can be difficult for legitimate claimants to get the benefits they deserve.
Our experienced workers’ comp attorneys understand how to build a successful case. We collect the proper documentation, complete the necessary forms and rely on testimony from your own doctor as well as medical specialists, if necessary. We have successfully resolved cases involving:
- Carpal tunnel syndrome
- Rotator cuff tears
- Degenerative back disease
- Herniated disks
- Neck injuries
- Psychological injuries such as post-traumatic stress disorder (PTSD)
Get answers to your questions and a recommendation on the next steps to take during a free consultation with our knowledgeable, experienced workers’ compensation lawyers. Call us at 816-760-2174 or use the contact form on this website. We represent injured workers throughout metro Kansas City, as well as in Kansas area.