Kansas City Workers' Compensation Attorney
Injured in a workplace accident?
Workers' Compensation is the insurance given to employees who are injured on the job. Employees that are injured at work, or while completing a work-related task, are rightfully entitled to receive workers' compensation. This form of insurance, much more commonly referred to as "workers' comp," ensures that injured individuals receive wages and medical benefits. The conditions of the compensation lie in the tradeoff between employee and employer. By accepting the financial and medical support of an employer's workers comp package, the employee is effectively relinquishing their right to sue for any negligence that may have caused the personal injury.
The trade done between employer and employee at the time that workers compensation is negotiated is known as "the compensation bargain," and stipulations of the agreement can be tailored to the specific needs that were determined by you and your boss. In order to ensure that your needs and best interests are maintained throughout this process, it would be best to consult a Kansas City personal injury lawyer from our firm regarding the situation.
Common Workplace Injuries
commercial truck accidents and
slip and fall accidents are among the most common causes of workers' compensation needs; however, any number of circumstances and work places are susceptible to the possibility of physical harm and workers' compensation. No matter how the harm done to you came about, the loss of income that could result from the time off work or a permanent leave could greatly affect an individual's ability to live comfortably. Without maximum compensation from a workers' comp package, financial hardship can quickly ensue. Therefore, it is vital to quickly act after an injury to make sure that you secure the adequate legal counsel needed to negotiate on your behalf.
Workers' Comp Claims and Third Party Lawsuits
If you accept a workers' compensation settlement from your employer's insurance, you do not have the legal ability to then file a lawsuit against your employer for the accident that resulted in injury. This, however, does not mean that there is no longer opportunity to file a lawsuit. This is where third party lawsuits come into play. With workers' compensation cases, there are two parties: employer and employee. A "third party" lawsuit then is referring to a lawsuit that is filed by the employee against a party other than their employer.
Who might this third party be? The answer differs depending on the nature of the accident and ensuing injury. Say, for example, a construction worker is injured on the job while using a jackhammer. That employee should file a workers' comp claim with their employer to pursue compensation. That employee may also have a case against a third party, the manufacturer of the jackhammer. A lawsuit like this could be legitimate if there is sufficient evidence that the jackhammer was somehow defective at the liability of its manufacturer.
An employee also is not obligated to file a workers' comp claim for an accident that takes place on the job. Instead, they may have the option of foregoing workers' comp and instead bringing a lawsuit against the responsible party. According to the Missouri Workers' Compensation Act, employers are typically exempt. They have a "protected" status when it comes to the breach of duty to maintain a safe workplace. No two workers' comp cases are exactly alike, so to learn how your workplace accident case might be handled, please discuss your case directly with a Kansas City workers' compensation lawyer at our firm.
Contacting a Missouri Personal Injury Lawyer
Many types of injuries can result in workers' compensation benefits if they occurred at work. By getting in touch with a Missouri workers' compensation attorney from our firm you can rest more easily knowing that the proper legal defense you need to represent your case will be supporting you at all times. We handle all types of injury and accident cases, from car accidents to
medical malpractice and
burn injuries. Seeking workers' compensation to secure your future financial, physical and emotional wellbeing is a number one priority of ours because we know how much of a priority it is for our clients as well. For legal representation and supportive guidance through your workers' compensation case,
contact a Kansas City workers' compensation attorney from our firm as soon as possible.