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Work-Related Accidents: Your Right to Compensation

Posted By Montee Law Firm, P.C. || 5-Sep-2018

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’ compensationWorkers’ 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 file civil 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 construction accidents, 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 rightfully entitled.
  • 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.

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