Kansas City Workers’ Compensation Lawyer

If you have sustained a serious on-the-job injury, you may be entitled to financial compensation. Since 2008, Phillip Murphy II has helped Kansas Citians across the metro with workers’ compensation claims. He has a proven track record of success when it comes to negotiating with insurance companies, hospitals, and healthcare providers, and he will work hard to maximize your compensation for lost wages and the injuries you’ve suffered.

Am I Entitled to Workers’ Compensation?

Laws vary a bit between states, but in general, the basic eligibility requirements for workers’ compensation after an injury on the job are pretty straightforward:

  • Employment status: To be eligible for workers’ compensation, you must be an employee. This means that you must be working for someone else and that you are not self-employed. There are some exceptions to this rule, however, such as independent contractors who are injured while working for a client.
  • Workers’ compensation insurance: You must work for an employer who has workers’ compensation insurance coverage to receive any benefits. If they don’t, you can still file a claim with the state’s workers’ compensation agency, but you may not be able to receive all the benefits that you would otherwise be entitled to if your employer had insurance.
  • Work-related injury: An injury must be work-related to be considered a valid workers’ compensation claim.
  • Timely reporting: After the accident, you must report your injury to your employer within a reasonable amount of time. The deadline to notify your employer is 30 days in the state of Missouri and 20 days in the state of Kansas.
  • Cooperation: You must provide information about the accident along with your medical records to your employer and cooperate with your the investigation into your injury.
  • Following doctor’s orders: You must always follow your doctor’s orders regarding treatment and care to be eligible for workers’ compensation benefits.
  • Not sure if you have a workers’ compensation claim? We can help. Please contact Phillip Murphy II. As an experienced workers’ comp lawyer, he can explain the applicable laws in both Missouri and Kansas and can represent you in your claim.

    Workers’ Compensation in Missouri

    For Missouri employees, workers’ compensation is a no-fault system that provides benefits if/when they are injured on the job. It’s designed to help workers with medical expenses, lost wages, and other costs associated with an injury.

    To be eligible for workers’ compensation benefits in Missouri, you must meet a few basic requirements:

    • You must be employed by a company that offers workers’ comp benefits
    • You must be injured while at work
    • Your injury must be caused by a task performed while working

    In Missouri, the Division of Workers’ Compensation is responsible for investigating workers’ compensation claims. They make the decision as to whether someone is entitled to benefits. If a claim is approved, benefits are paid directly from the employer’s insurance company. If a claim is denied, the decision may be appealed.

    If you have been injured on the job, please contact our law office as soon as possible to discuss your legal options. Phillip Murphy II will help you understand your rights and options under the law. He can effectively manage the workers’ compensation claims process on your behalf while you focus on your recovery.

    Workers’ Compensation for Kansas Employees

    While the worker’s compensation laws in Kansas are similar to Missouri’s, there are a few key differences:

    • Kansas employers with an annual payroll of more than $20,000 are required by law to provide workers’ compensation insurance.
    • The statute of limitations is two years after the injury.
    • Employees who are injured on the job may also be able to sue their employer.

    If you have been hurt on the job, your top priority should be to seek medical attention. Once you’ve received immediate care and understand the full extent of your injury, please contact our office to discuss your legal options and next steps.

    What are Workers’ Compensation Benefits?

    If you sustain a work-related injury and meet the requirements outlined above, you may be entitled to the following benefits:

    • Medical care: Employers are required to pay for all reasonable and necessary medical care related to the injury.
    • Temporary total disability benefits: If the injury prevents you from being able to work, you may be entitled to temporary total disability benefits. These benefits are equal to two-thirds of your average weekly wage, up to a maximum amount.
    • Permanent total disability benefits: If you are permanently unable to work due to your injury, you may be entitled to permanent total disability benefits which equal to two-thirds of your average weekly wage, up to a maximum amount.
    • Permanent partial disability benefits: If you are permanently injured but still able to work, you may be entitled to permanent partial disability benefits. The amount of these benefits will depend on the extent of your disability.
    • Death benefits: In cases where an employee is killed on the job, their dependents may be entitled to death benefits.

    What are the Most Common Workplace Injuries?

    Workers not only have the right to file a workers’ compensation claim for sudden accidental injuries like bone breaks and spinal injuries, but also for:

  • Repetitive trauma
  • Overuse stress or strain
  • Occupational diseases
  • Exposure to harmful substances
  • Breathing / inhalation injuries
  • Radiation / dust/ or any other noxious material
  • Strain sprains
  • Broken bones
  • Head, neck, back injuries
  • Vision and hearing loss
  • Burn injuries

When you’ve been injured in the workplace, you are eligible to file a claim for workers’ compensation, regardless of whether your employer was “at fault” for your accident. While not every injury may be covered, virtually any bodily harm sustained during your official working hours could make you eligible for coverage. In the state of Kansas, you can also file a claim for repetitive injuries like carpal tunnel syndrome, as long as it was directly caused by your job.

Can an employer deny workers’ comp coverage?

There are a few circumstances in which an employer may be able to deny workers’ compensation coverage. If an employee was injured while committing a willful or intentional act, for example, or if they were intoxicated or under the influence of drugs. Claims will always be denied if an employee intentionally caused the injury to themselves, if they violated proper safety rules, were fighting, or if the employee was off-site and not performing work duties when injured.

If an employer denies workers’ compensation coverage, you may still be able to file a claim with the state’s workers’ compensation agency, but it’s best to work with an attorney to assist in that process. The agency will investigate the claim and decide whether to award benefits. If they do, the employer will be required to pay the benefits and possibly a fine for denying coverage.

Contact a Kansas City Workers’ Compensation Lawyer

Never take chances with your health and safety! When it comes to workplace injuries, it’s always best to contact an attorney who can act as your advocate and help get you the compensation you deserve. Call the Law Office of Phillip Murphy II as soon as possible for a free and confidential case consultation: (913) 661-2900

  • Law Firm Practice Areas

    Phillip Murphy, II provides knowledgeable representation to clients who have been subjected to workplace harassment, a hostile work environment, discrimination, or who have suffered retaliatory or wrongful termination. He has the experience and resources to represent employees in disputes involving the Americans with Disabilities Act, the Family and Medical Leave Act, whistleblower retaliation, Workers’ Compensation retaliatory discharge claims, and unemployment compensation, among others.

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