The Law Office of Michael J. Joshi
Legal Representation For Clients In Missouri And Kansas
913-428-0199 KS 800-566-7492 MO

Kansas City Workers' Compensation Law Blog

How long does the SSDI application process take?

 

Whether you have recently applied for Social Security Disability Insurance benefits or you are just getting started with the process, you may be waiting awhile before finding out if your application has been approved. According to the Social Security Administration, more than 986,000 cases are waiting for a decision, and the average wait time is 600 days. Yet, while people are waiting to see if their applications are accepted, many are unable to work, pay their bills and make ends meet. 

When a car crash disrupts your career

After a car collision, people may suffer a number of immediate consequences. For example, they may be in a lot of pain, struggle to pay hospital bills and be left with an injury that leaves them immobilized for weeks or even months. However, there are a number of long-term consequences that may come with a car accident, such as a victim losing his or her ability to work in a particular field ever again. Some people are never able to return to the workplace in any capacity, while others may not have the ability to perform certain job duties, essentially destroying their career. This can be mentally and financially devastating, to say the least, and highlights why it is so important for victims to stand up for their rights.

Numerous challenges may arise for auto accident victims, whether they lose the ability to walk, cannot use their arm, suffer from post-traumatic stress disorder and other forms of mental hardship or experience some other injury which prevents them from returning to their previous position. Some people have an especially hard time adjusting to life without their job, which can make it seem as if they have lost their identity after an auto accident. Moreover, these difficulties can have an emotional and financial impact on their entire family.

Do you know how to prevent electrical shocks in your workplace?

It is not only electricians who face electrical risks. It is your employer's duty to protect your health and safety on the job site, but learning to recognize potential hazards might keep you safe. It is crucial for you to know your limits, and never to attempt jobs that are not within your field of expertise and training.

The construction industry in Kansas poses many electrical hazards. Safety authorities say most electricity-related fatalities are preventable.

Recovering from a slip-and-fall accident at work

Workplace accidents happen in all sorts of ways, from falling off of a ladder on a construction site to sustaining a serious burn while working in an office. Likewise, slip-and-fall accidents happen for many reasons, whether someone falls down on ice while walking along the sidewalk or they slip on something that was spilled on the floor of a retail store. Sometimes, people are involved in slip-and-fall accidents while they are working, and these accidents can be tough for various reasons. Not only are the financial consequences of these accidents often significant (medical bills, lost wages, and so forth), but injured workers may have to find a new career.

As with any workplace accident, it is essential for victims to take a careful look into what happened and determine which options they have. Some injured workers are able to apply for workers’ compensation, which can help with a wide variety of challenges they may be struggling with. It is important to determine why the accident occurred and whether or not another person was responsible for the mishap. Sadly, many workers’ lives have been upended in these accidents.

How safe are you while operating heavy construction equipment?

Construction sites across Missouri pose endless numbers of safety hazards, many of which are life-threatening. Heavy machines are essential on construction sites, but they pose some of the most severe safety risks. If you operate a crane, excavator or another type of heavy equipment, you will be wise to take your own safety precautions instead of relying on your employer to protect your health and safety.

Working among incomplete structures and surrounded by scores of other construction workers busy with other tasks requires your alertness and awareness of your surroundings every second of the time you spend operating your machine. Even if your equipment operated without problems on your previous shift, safety checks before you start your next shift is crucial.

How the U.S. Social Security Administration defines “disability”

As a resident of Kansas or Missouri who has a disability that is severe enough to keep you out of the workplace, you may be looking for alternative ways to support yourself, and you may be considering applying for Social Security Disability benefits from the U.S. Social Security Administration. At the Law Office of Michael T. Joshi, we recognize that, in order to obtain these benefits, you first must qualify for them, and this involves meeting the administration’s strict definition of “disability.

According to the U.S. Social Security Administration, you must be able to showcase that your condition is, in fact, severe enough to warrant you receiving Social Security disability benefits. To do so, you must show that your disability is one that prevents you from performing even the most fundamental tasks relating to holding a job, such as standing, walking, remembering and so on. Furthermore, your condition must be one that will persist for at least a year or longer in order to meet the administration’s definition of “disability.”

You may be able to return to work sooner than later post-injury

You have been injured while you were working at your job in Missouri and are now faced with the challenges of overcoming your physical limitations so you can return to work. At The Law Office of Michael J. Joshi, we are experienced in providing injured workers with guidance as they prepare to resume their responsibilities. 

Contrary to what you may have heard, you should not need to wait until you are 100% cleared to actually go back to work. You may need to be medically cleared and pass a series of requirements from your employer to resume your previous responsibilities, but your employer should be working with you to expedite your return to work. This could look different for you depending on the industry you work in, the day-to-day tasks of your job, how serious your injury was and the resources available to both you and your employer. Some examples of how your work could be modified to address your new limitations include the option to telecommute or participate in other responsibilities until you have the capacity to resume your previous tasks. 

Lawsuit claims man was fired for seeking workers' compensation

Workers' compensation is an employment benefit that is an expectation of nearly all employed professionals in Kansas City. Given that having such coverage is a legal requirement, employers should not be shocked or upset when employees need to use it. Retaliating against an employee for seeking workers' compensation may be illegal, and could not only net an employer fines and other penalties, but also open it up to civil litigation. 

That is exactly what a Hawaii man chose to pursue after he was fired from his job as a firefighter. He claims that he was forced to deal with a hostile work environment imposed by his employer after he testified against his supervisors in an ethics hearing. Among the accusations made against his supervisors was that they were using company resources for their own personal businesses. Once the fact that he testified against them was uncovered, the man claims that his supervisors targeted him by demanding unnecessary drugs tests and not allowing him to work overtime. He claims that the stress led to him needing to take a leave of absence and file a workers' compensation claim. He believes that those actions gave the department a reason to fire him. 

Understanding the attractive nuisance doctrine

Your kids may often look forward to the onset of spring in Kansas City simply because it serves as a sign that summer is right around the corner. To them, summer means no school and more time to play and explore the outdoors. To you, it might mean more worry that the many "adventures" they seek could lead to danger. There are many attractions out there that are inherently dangerous, yet children (particularly young children) may not appreciate the risks they present. When children are injured by such attractions, parents often come to us here at The Law Office of Michael J. Joshi wondering what legal recourse they may have. 

If you are in the same position, you should know that a legal principle exists that does allow you to assign liability to the owners of properties on which dangerous attractions are found. Called "the attractive nuisance doctrine," this concept recognizes that in many cases, adults need to protect children from themselves. The attractive nuisances that can so easily entice kids include swimming pools, construction sites and abandoned buildings. 

Take these precautions if you are a roof worker

Every aspect of construction work poses safety hazards for workers in Kansas and elsewhere. The list of risks you face as you go about your job on a construction site is endless. Safety authorities maintain that falls pose the most significant hazard, with roof work one of the most dangerous sections.

If you are a roofer, you will face the usual risks associated with working at heights along with other job-specific hazards. These include power tools, ladders, extreme temperatures, hazardous substances, noise and more. If your employer does not prioritize employee safety, it might be up to you to take the necessary precautions to avoid injury, illness and even death.

Contact The Law Office of Michael J. Joshi

Lenexa Office
Commerce Bank Building
8700 Monrovia, Suite 208
Lenexa, KS 66215

Toll Free: 800-566-7492
Phone: 913-428-0199
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By Appointment Only
Cosby Building
107 W. 9th St, 2nd Floor
Kansas City, MO 64105

Toll Free: 800-566-7492
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