Kansas City Workers' Compensation Attorneys

Hire a Kansas City Workers' Compensation Attorney Who Has Taken On Employers and Their Insurers

Workers' compensation in Kansas is a no-fault system. You do not have to prove your employer was negligent. If you were injured on the job or developed an illness because of your work, you are entitled to benefits under K.S.A. 44-501 et seq. medical treatment, temporary disability payments, permanent disability compensation, and vocational rehabilitation.

That is what the law says. In practice, employers and their insurance carriers deny claims, delay treatment authorizations, dispute the severity of injuries, and pressure injured workers to return to full duty before they have healed. The Kansas workers' compensation system is an administrative process with its own rules, deadlines, and hearing procedures. Without a Kansas City workers' compensation attorney, injured workers often accept less than the law requires the insurer to pay.

Tarak Alexander Devkota, Esq. and Devkota Law Firm have recovered millions for injury victims across Kansas and Missouri over 27 years. We represent workers hurt on the job in Kansas City, North Kansas City, Independence, Wichita, and Overland Park.

What goes wrong without the right attorney:

• The insurer denies the claim by arguing the injury was pre-existing under K.S.A. 44-501(e), and the worker accepts the denial without contesting it

• The worker returns to duty before reaching maximum medical improvement because the employer pressured them, and the permanent disability rating is artificially reduced

• The employer's insurer selects the treating physician and that physician minimizes the injury in the medical record
  A third-party liability claim exists against a equipment manufacturer, property owner, or subcontractor and the worker never files it because no one told them workers' compensation is not their only remedy

Kansas Workers' Compensation Law The Statutes That Control Your Claim

1. K.S.A. 44-501 et seq. The Kansas Workers Compensation Act. This is the governing statute. It requires every Kansas employer with one or more employees to carry workers' compensation insurance or qualify as self-insured. The Act covers injuries caused by a single accident, injuries caused by repetitive trauma over time, and occupational diseases caused by workplace exposure.

2. K.S.A. 44-508(d) and (f) Definitions of Accident and Injury. Under Kansas law, an "accident" is an undesigned, sudden, and unexpected event arising out of and in the course of employment. "Injury" means only injury by accident or repetitive trauma arising out of and in the course of employment. The injury must be the prevailing factor causing the condition for which the worker seeks compensation. This "prevailing factor" standard was added by the Kansas legislature and makes it harder to recover for injuries that involve pre-existing conditions. Your Kansas City workers' compensation attorney must present medical evidence showing the work event was the primary cause.

3. K.S.A. 44-520 Notice to Employer. You must notify your employer of a work injury within 30 days. Failure to give timely notice can result in denial of benefits. Written notice is not required verbal notice counts but written notice creates a record the insurer cannot dispute.

4. K.S.A. 44-510c Temporary Total Disability. If you cannot work because of a job injury, Kansas law requires the insurer to pay temporary total disability benefits at 66 2/3% of your average weekly wage, subject to the state maximum. Benefits begin after a one-week waiting period. If the disability lasts three consecutive weeks, compensation is paid retroactively for the first week.

5. K.S.A. 44-510d Permanent Partial Disability (Scheduled Injuries). Kansas uses a schedule for specific body parts fingers, hands, arms, toes, feet, legs, eyes, and hearing. If you permanently lose the use of a scheduled body part because of a work injury, compensation is paid based on the schedule regardless of whether you return to work.

6. K.S.A. 44-510e Permanent Partial General Disability (Whole Body). Injuries that affect the whole body back injuries, head injuries, internal organ damage are compensated based on the percentage of whole-body impairment, up to a maximum of 415 weeks.

7. K.S.A. 44-504 Third-Party Claims. Workers' compensation is not always your only remedy. If a third party caused your injury a defective machine manufacturer, a negligent subcontractor, a property owner who failed to maintain safe conditions you may have a separate personal injury claim against that third party in addition to your workers' compensation benefits. These claims are not subject to the workers' compensation limits and can include pain and suffering, which workers' compensation does not pay.

The employer's insurer has the right to select your treating physician under Kansas law. If that physician minimizes your injury or clears you to return to work before you are ready, you have the right to request an independent medical examination. Do not accept a disability rating you believe is wrong without having your own attorney review the medical evidence and, if necessary, retain an independent physician to evaluate your condition.

Types of Injuries Covered by Workers' Compensation in Kansas City

Workplace injuries in Kansas City span every industry. The Kansas Workers Compensation Act covers all of the following when the injury arises out of and in the course of employment:

• Back and spinal cord injuries from lifting, carrying, falling, or being struck by objects in warehouses, distribution centers, and construction sites across Kansas City

• Traumatic brain injuries from falls, falling objects, or equipment malfunctions on job sites

• Fractures, dislocations, and crush injuries from machinery, forklifts, conveyor systems, and heavy equipment in manufacturing and industrial facilities

• Repetitive trauma injuries carpal tunnel syndrome, rotator cuff tears, tendinitis from assembly line work, meat processing, or data entry performed over months or years

• Burns and chemical exposure injuries in plants, refineries, and food processing facilities in the Kansas City metro

• Amputation or loss of use of a finger, hand, arm, foot, or leg caused by unguarded machinery or equipment failure

• Electrocution and electrical burn injuries on construction sites, utility work, and industrial maintenance jobs

• Occupational diseases including respiratory illness from dust, chemical, or asbestos exposure, hearing loss from prolonged noise exposure, and skin conditions from chemical contact

• Injuries caused by falls from scaffolding, ladders, roofs, or elevated platforms on Kansas City construction projects

• Vehicle accidents during the course of employment delivery drivers, truck drivers, equipment operators, and workers traveling between job sites

Devkota Law Firm Represents Injured Workers Across Kansas and Missouri

Kansas workers' compensation pays for medical treatment, lost wages, and permanent disability but the insurer will try to reduce every category.

Medical compensation under K.S.A. 44-510h covers all reasonable medical treatment related to the work injury. Temporary total disability under K.S.A. 44-510c pays 66 2/3% of your average weekly wage while you cannot work. Permanent partial disability under K.S.A. 44-510d and 44-510e pays based on the body part affected or the percentage of whole-body impairment. The insurer controls the treating physician. The insurer decides when to authorize treatment. The insurer decides when to cut off benefits. A Kansas City workers' compensation attorney holds the insurer to the law.

Mistakes That Reduce or Destroy Workers' Compensation Claims

• Not reporting the injury within 30 days K.S.A. 44-520 requires you to notify your employer within 30 days of the injury. Late notice can result in a full denial. Report the injury in writing the same day it happens and keep a copy.

• Accepting the insurer's disability rating without review The employer's insurer selects the treating physician. That physician assigns the disability rating. If the rating is too low, your permanent disability compensation is reduced for the life of the claim. Have your own attorney review the rating and, if necessary, arrange an independent medical examination before you accept any settlement.

• Not filing a third-party claim when one exists Workers' compensation does not pay for pain and suffering. If a third party caused your injury a defective machine, a negligent subcontractor, a property owner you may have a separate personal injury claim under K.S.A. 44-504 that includes damages workers' compensation does not cover.

• Returning to work before reaching maximum medical improvement Employers and insurers pressure injured workers to return to full duty early. If you return before your physician has determined you have reached maximum medical improvement, your permanent impairment may never be fully documented, and your disability compensation will reflect a lower rating than your injury warrants.

• Signing a full and final settlement without understanding what you are giving up A full and final settlement under K.S.A. 44-531 closes your claim permanently. Once signed, you cannot reopen it for future medical treatment, additional surgery, or a worsened condition. Do not sign any settlement document without a Kansas City workers' compensation attorney reviewing it and explaining what you are waiving.