Worker’s Compensation Attorney in Kansas City
Like other Personal Injury Situations it is important to get legal advice regarding a work related injury. There are two very important statutory time limits that must be met to have a proper claim. (1) was the injury reported to the company for whom the worker works for and at within 30 days, (2) the case must be filed with the Division of Worker’s Compensation within 2 years from the date of the injury.
Workers’ compensation is intended to be a streamlined benefits system, but many workers’ compensation cases can be extremely complicated so an experienced worker’s compensation lawyer is important. Your workers’ compensation case can affect your entitlement to social security benefits, Medicare benefits, or unemployment compensation benefits. Your Attorney should be able to explain to what benefits you can seek which include medical care, compensation for your injury, and whether you can receive benefits from the Second Injury Fund. Further know that your Lawyer cannot receive more than 25% of the settlement or judgment (not including costs). Importantly your lawyer should discuss with you the need for obtaining and Independent Medical Examination with an Expert in the Field of Medicine and Care needed to treat your injuries as your employer will obtain one and it is important to have your own Expert Examination Report of which the rating will be related to the Disability Schedule set through the State of Missouri. The report can be done once all medical care and treatment has ended through the employer, and all medical records are provided by the employer. The report can be done either before or after the filing of a claim for compensation with the Division of Worker’s Compensation.
Injured workers (or dependents) that have not been properly compensated may wish to file a Claim for Compensation with the Division of Workers’ Compensation. However, injured workers have the responsibility to ensure that their injuries have been reported to their employers in a timely manner. An Attorney Consult is important to have before filing a claim. Your attorney can file a claims with the division of Worker’ Compensation. The filing of a claim begins a contested case proceeding where an administrative law judge has the authority to decide the issues in dispute. A claim for compensation, should be filed with the Division within the statutory period of limitation, which is: Within two years after the date of the injury or death or, last payment was made on account of the injury or death; or if the employer does not timely file a Report of Injury with the Division, within three years from the date of injury, or death, or last payment was made on account of the injury or death.