WORKERS' COMPENSATION | Do I have a claim?

It depends. Employment in certain agricultural pursuits are not covered by the workers compensation law. An employer with a small payroll may not be covered. Independent contractors are not covered, but deciding if someone is an independent contractor or an employee can be tricky; some employers even tell their employees they are independent contractors although by law they really are employees. If you have been injured in any job not covered by workers compensation you may have a civil claim against the employer for negligence.

Workers compensation covers more than single, traumatic accidents. Injuries caused by repetitive work activities that gradually wear down the body may be compensable. Carpal tunnel syndrome is perhaps the best known example of a repetitive injury. Occupational diseases may be covered, as may be exposure to chemicals, grain dust, mold, toxins, or diseases associated with working in a health facility or prison. Strokes and heart attacks may be covered.

Contact a Kansas workers' compensation lawyer representing clients in Lawrence, KS today to schedule your free initial consultation.

For any claim, there are a number of procedural requirements that must be met to have a legitimate claim. The following have requirements that something be done within a certain time or the claim will be denied: giving notice to the employer; filing an application for hearing with the Division of Workers Compensation; and holding a regular hearing.

The employer's insurance company may say you have no claim. Common arguments are that the worker didn't give notice on time, that the accident never happened, the accident happened in violation of some employer rule, or that the worker's medical condition is just an aggravation of a preexisting condition. Even where they admit there is a legitimate claim, we've seen them argue that TTD benefits aren't due because the worker was fired for cause, or is not complying with treatment (a lot of time these arguments are the creations of poorly trained insurance company adjustors, and we are able to convince the other side of their foolishness. If that doesn't work then these disputes have to get resolved by a hearing before the administrative law judge.


Kansas personal injury lawyer / attorney representing clients in Lawrence, KS, product work comp law firm - If you would like to schedule a free initial consultation regarding your personal injury case, please contact the Eschmann & Pringle, P.A at (800) 952-0566 or complete our inquiry form.