What Are My Rights Under The Workers’ Compensation Law?
Workers’ compensation is often described as an agreement between employers and employees in which injured workers forfeit the right to sue an employer in court in exchange for the employer’s assurance to provide timely reimbursement and compensation following work-related injuries. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they do not have to worry about being tied up in court or potential liability for large verdicts.
Unfortunately, employers focused on their bottom line do not always adhere to the law. Companies’ insurance providers have attorneys on staff who are well-versed in workers’ compensation law and who may attempt to bend those laws in their favor. Injured workers must have equally knowledgeable and experienced legal representation in order to protect their rights and recover the full amount of benefits they are owed.
Liberty Lawyer For Those Injured At Work
At the law office of Kelly Law Office, P.C., in Liberty, Missouri, we have more than 40 years of cumulative experience representing injured Missouri and Kansas residents in workers’ compensation cases. We can advise you of your rights and assist you in an appeal if your claim has been denied or your benefits have been reduced.
We are licensed to practice law in both Missouri and Kansas and can help you maximize the benefits you are entitled to. In general, for both Missouri and Kansas cases, a claim should be filed as soon as possible to preserve your claim. In some instances, you may be eligible to receive benefits in both states.
We will protect your rights in all areas of workers’ compensation law, including:
- Medical treatment — The employer has an obligation to provide medical treatment and has a right to select the treating doctor in workers’ compensation cases. If your employer does not refer you to any particular doctor, you should ask your employer which doctor you should see.
- Temporary disability benefits — If the treating doctor certifies that you are unable to work, you are entitled to “temporary total disability benefits.” The amount is based on a percentage of your gross average weekly wage.
- Permanent partial disability — If you are able 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. Formulas in the workers’ compensation statute help determine the amount of permanent partial disability awards.
- Permanent total disability — If you are permanently and totally disabled from all types of employment, you may qualify for “permanent total disability benefits.” In order to qualify for these benefits, you must be unable to work in any line of work in the labor market because of your compensable injury or occupational disease. In some cases, the combination of a work injury with any preexisting injuries or impairments is enough to qualify. The weekly rate for these benefits is the same as the temporary total rate.
Meet With Our Experienced Lawyers
Schedule a free consultation and one of our experienced attorneys will personally review your case. At Kelly Law Office, P.C., we can answer your questions and provide a straightforward assessment of the likely outcome. If your case would be better handled by a Social Security Disability lawyer, we will refer you to highly qualified attorneys who can help.