AREAS OF PRACTICE

  Auto / Car Accidents
  Catastrophic Accidents
  Medical Malpractice
  Motorcycle Accidents
  Nursing Home Injuries
  Personal Injury
  Product liability
  Real Estate
  Train Accidents
  Trucking Accidents
  Workers' Compensation
  Wrongful Death

WORKERS COMPENSATION l Frequently Asked Questions
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I. General Information about Workers' Compensation A. How Do Workers' Compensation Laws Operate? B. Who Is Covered by Workers' Compensation Laws? C. What Is the Difference Between Workers' Compensation      Benefit Claims and Civil Lawsuits? D. How to Protect Your Rights E. What to Do If You Are Injured On-the-Job F. Conclusion of General Information about Workers'      Compensation II. Employer Obligations A. Duties B. Penalties C. State and Local Government Employees D. Federal Government Employees III. Conclusion " Contact a Kansas workers' compensation lawyer representing clients in Junction City, Kansas today to schedule your free initial consultation."

How to Protect Your Rights

If you have been injured while at work or on the job, the best way to protect your rights is to contact an experienced workers' compensation or personal injury lawyer. A lawyer will be able to help file a workers' compensation claim. A lawyer will also be able to determine if you should file a lawsuit in addition to or instead of a workers' compensation claim.
Additionally, a lawyer will be able to determine other types of compensation to which you may be entitled. For example, if someone other than your employer or a co-worker was at least partly to blame for your injury, you may be able to file a liability insurance claim against that person or business.

If your accident isn't covered by the workers' compensation system (for example, if your employer doesn't have workers' compensation insurance or if you are an independent contractor), a lawyer will be able to help you determine people or businesses against whom you may be able to file a lawsuit. This type of lawsuit would be covered under the laws of personal injuries. Under personal injury law, you may be able to receive compensation for expenses that wouldn't be covered under the workers' compensation system, such as attorney's fees as well as pain and suffering.

Categories of Injuries Covered by Workers' Compensation
You may be eligible for workers' compensation benefits for a work-related injury that fits into one of the categories below:

Pre-existing Conditions - These types of injuries are unrelated injuries that you already had, which are aggravated or exacerbated by your workplace. One example is a back injury, even if you don't notice the pain caused by the injury until later.

Injuries on-the-job - This category includes injuries caused by your company's facilities (such as a chair in the company break room). Injuries during work time also include those that occur during coffee breaks, on your lunch break, and during work-sponsored activities (for example, a company picnic).

Exposure to Toxins - This class includes injuries that results from exposure to toxins in chemicals from normal working conditions. An example of this type of injury is lung cancer, if you can show that it was caused by exposure to those on-the-job toxins.
" Physical and Mental Strain - This category includes physical and mental strain that is a result of increased work duties or work-related stress. In some states, a disabling mental condition that is a direct result of work demands or constant harassment from a supervisor may also be included in this category.

However, there are some injuries that aren't covered by workers' compensation. The injuries that aren't covered may vary from state to state. In some states, an employee can be compensated for an injury that he or she received while joking around at work. In some states, an employee would not be eligible for compensation for such an injury. Many states will not compensate an employee who is intoxicated when he or she is injured. Some states also bar employees who intentionally injury themselves from receiving compensation.

Additionally, an employee generally won't be compensated for injuries received while traveling to or from work. However, there are exceptions under which an employee will be eligible for compensation for work-related travel injuries. These exceptions include: when the employer has agreed to provide transportation for the employee, when the employer pays the employee's costs for commuting, or if traveling is required as a part of the employee's job.

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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