Best Workers Compensation Attorneys in Overland Park

FAQs

• What is the non-emergency contact number for the local police station in Overland Park, Kansas?

  Contact the police at 913-895-6300 for non-emergencies in Overland Park.

• Where can I get a copy of police report for incidents related to my case in Overland Park, Kansas?

  You can visit the Overland Park Police Department records unit in person at 12400 Foster Street. The records unit is open from 8:00 AM to 4:30 PM, Monday through Friday. For more information, call (913) 327-6881.

• Whom can you ask questions regarding workers' compensation law in Overland Park?

  For more information regarding workers' compensation law in an Overland Park case, contact KDOL's Division of Workers Compensation/Ombudsman by phone at 785-296-4000 or 800-332-0353. Persons with speech or hearing disabilities who are using telecommunications devices may use these numbers by dialing 800-766-3777 for the Kansas Relay Center. In addition, the ombudsman's office is at 401 SW Topeka Blvd., Suite 2, in Topeka, and can be reached through email at: KDOL.wc@ks.gov.

• Is it possible to see another physician other than the authorized one in an Overland Park workers' compensation case?

  Yes. You do not need to file an application or seek approval if you want to see a physician not accredited by workers' compensation insurance in Overland Park. The insurance company provides a $500 limit for medical treatment not covered by an accredited physician. Be informed, however, that this medical allowance cannot be used to secure a second opinion on disability rating.

• Can you still claim workers' compensation in Overland Park if you have already filed one previously?

  Yes. You are still eligible for benefits under the workers' compensation insurance in Overland Park even if you have already filed previously. The same also happens if you have re-injured the same part of your body, in which you can even obtain additional compensation should the injury increase your disability. Note that you still have to notify your employer within 10 days of getting the injury and file a written claim within 200 days since the injury happened.

• In which situations is a worker in Overland Park not entitled to workers' compensation?

  If an employee in Overland Park deliberately injured themselves at work, they may not be able to recover workers' compensation. In cases wherein an injured employee recklessly violated workplace safety procedures or willfully disobeyed company rules, workers' compensation benefits may not be obtained. When an employee volunteers and gets injured in a fight, whether work-related or not, they may be barred from seeking compensation.

• How much can surviving family members receive in a workers' compensation case in Overland Park?

  Note that there are minimum and maximum death benefits that can be obtained in a workers' compensation case in Overland Park. The minimum benefit is around half of the state average's weekly wage, while the maximum benefit is $300,000. However, the cap does not apply if the dependent is below 18 years old. The surviving family members must be given an initial $40,000 payment, half of which will be for the spouse and another half for the children.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.