Workplaces are filled with potential hazards, which is why most businesses
carry workers’ compensation insurance as a means to protect their
employees in the event of unexpected injuries. While workers’ comp
can provide critical benefits to injured workers as they heal and make
a return to the workplace, it is important to remember that workers have
rights when they are injured on the job, as well as several potential
options for protecting their rights to needed compensation.
At Montee Law Firm, P.C., our Kansas City injury attorneys focus our practice
on representing victims following all types of accidents. This includes
accidents which give rise to civil personal injury lawsuits, as well as
accidents which entitle victims to benefits under their employers’
workers compensation insurance or Social Security Disability.
Because work-related accidents can make for numerous setbacks, financial
strains, and confusion about the best way to protect ones rights, our
legal team has provided information about some of the potential options
we help injured workers explore when protecting their rights to compensation:
Workers’ compensation –
Workers’ compensation is a form of no-fault insurance most employers are required to carry by
law. Because it is “no-fault” insurance, workers’ compensation
provides benefits such as paid medical treatment, wage supplementation,
vocational rehabilitation, and more to employees who suffer injuries as
a result of job-related duties, regardless of who caused their accident.
This means that even if a worker’s own negligence or mistakes led
to their injuries, they still have a right to workers’ comp benefits.
Although benefits are available, failures to provide sufficient notification
and documentation to an employer, meet requirements and deadlines, and
ensure an accurate claim can cause claims to be denied, delayed, or underpaid.
As such, working with experienced legal representation becomes critical
to effectively navigating the process and securing all needed benefits.
Third party personal injury lawsuits – Although employees generally relinquish the right to pursue personal
injury cases against an employer after suffering a job-related injury,
they may have options to pursue compensation outside of the workers’
compensation system. This is particularly true in cases where victims
personal injury lawsuits against a negligent third-party that caused or contributed to
their preventable accident and injuries. Because these cases are handled
in the civil justice system, they require victims to prove that a third
party (such as a contractor who is NOT their employer) failed to uphold
their legal obligations in terms of safety, and that they should be held
liable for resulting damages, which can include a broader scope of economic
and non-economic damages not available through traditional workers’
comp cases. Third party personal injury claims are common when worksites
have workers from multiple employers, and with incidents involving
auto accidents, and
premises liability (accidents caused by negligent property owners).
Social Security Disability (SSD) – When work injuries are severe enough to create long-term limitations
or disabilities that prevent employees from working on a temporary or
permanent basis, they may wish to explore the potential for securing
Social Security Disability benefits. SSD benefits are a critical lifeline for victims who can’t
work as a result of their injuries, but statistics show that an overwhelming
number of initial applications are denied. This is why our legal team
guides clients step-by-step through the SSD application process, as well
as any necessary appeal, and fights for the benefits to which they are
Product liability lawsuits – Many workplaces are filled with consumer products, specialized
tools, and various types of machinery and equipment. When any of those
products are defective, they pose the risk of malfunctioning or failing
and causing serious injuries. In these situations, workers may have the
right to file
product liability lawsuits that aim to hold product manufacturers accountable for injuries
caused by defectively designed, manufactured, or marketed products.
Exploring your available options for securing needed compensation after
a work-related injury is of critical importance, not only when it comes
to easing the immediate burdens created by medical bills, lost income,
and being out of work, but also recovering the resources to obtain the
medical care you need to improve, make ends meet, and rebuild your life.
By working with our experienced legal team at Montee Law Firm, P.C., you
can benefit from skilled attorneys who have the necessary breadth of experience
to help you through the most appropriate path toward compensation. Discuss
your case, rights, and options today when you
contact us for a free consultation. Our firm proudly serves clients throughout Missouri,
Kansas, and beyond.