Frequently Asked Questions About Workers’ Compensation In Kansas And Missouri
At The Law Office of Michael J. Joshi, there are some questions many clients want answered right away. Here are a few of the most common questions my clients ask. For answers to your specific questions and legal advice from an experienced workers’ compensation attorney, please call my office at 913-428-0199 or send me an email.
Do My Disability Benefits Begin Right Away?
No, each state has a waiting period before benefits begin.
In Missouri, no benefits are paid for the first three business days after the injury but will be paid if the disability lasts at least 14 days.
The waiting period is seven days in Kansas, but benefits will be retroactively paid if the disability lasts for three consecutive weeks.
Can I Choose My Own Doctor Or Healthcare Provider?
Legally, you do have that right, but economically it is usually not possible. Under the workers’ compensation system, the employer has the right to choose the doctor. If you elect to see another medical professional, it will be at your own expense. Kansas allows a maximum of $500 to cover medical expenses for this purpose. In Missouri, your employer and their insurer may authorize you to see your own health care provider. It is best to check with them prior to seeking medical treatment. Generally, even if you have private health insurance, most providers will not cover work-related injuries.
What If I Am Denied Benefits Or Released To Go Back To Work When I Am Unable To Work?
If you are contending with the denial of your claim or are not receiving all the benefits that are part of your claim, you have the right to appeal that decision.
Kansas and Missouri have several methods to resolve such disputes. Typically, you must provide your employer with written notice of your disagreement and try to resolve the issue with the employer directly.
The state’s workers’ compensation division provides alternative dispute resolution procedures such as mediation and informal conferences. If you are unable to reach a satisfactory resolution, it is possible to request an administrative law hearing where a judge will hear the case, receive evidence and testimony and reach a conclusion.
At every stage of your appeal process, you have the right to the legal counsel of a workers’ compensation attorney.
How Long Do I Have To File For A Workers’ Compensation Claim?
To protect your workers’ compensation rights in Missouri and Kansas, you must meet two critical deadlines. First, you need to notify your employer of the injury within 30 calendar days. Second, you must formally file your claim with the state division of workers’ compensation. In Missouri, the statute of limitations to file a formal claim is generally two years from the date of the injury or the date of your last benefit payment. In Kansas, you generally have three years from the date of the accident or two years from the last payment of compensation to file. Missing these strict notification or filing windows can permanently bar you from receiving medical coverage or wage replacement.
Do I Need To Work With A Workers’ Compensation Attorney To File A Claim?
While you are not legally required to hire an attorney to file a claim, working with one is strongly recommended if your claim is denied, your injuries are severe or you are facing pushback from an insurance company. An experienced workers’ compensation lawyer handles complex paperwork, protects you from illegal employer retaliation, and will advocate on your behalf to seek the maximum compensation available and care you deserve.
What If I Live In Missouri, But Am Injured In Kansas On The Job?
If you live in Missouri but suffered an on-the-job injury in Kansas, you likely have dual jurisdiction options. Because the accident happened in Kansas, Kansas law automatically applies to your injury. However, if you were hired in Missouri or your employment is based there, you may also qualify to file under Missouri law. While you cannot collect duplicate payouts for the same injury, you can choose the jurisdiction that offers better financial benefits, disability ratings or medical coverage. An attorney licensed in both states can evaluate your contract and help you file in the jurisdiction that maximizes your final recovery.
Contact Me For A Free Consultation
Many workers make the mistake of trying to solve their workers’ compensation problem on their own. You have a limited time to follow through on the requirements to receive the compensation you deserve. Call my office right away at 913-428-0199 or send me an email to pursue your claim or appeal a denial.