Kansas Workers' Compensation Law |
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 Every year, millions of people are injured in job related accidents - many very seriously. Most injured workers do not understand that they have the right to substantial benefits for medical care and wage losses. Employees can bring claims for the loss of use of a part of their body and can, at times, obtain compensation for disability. If you were injured on-the-job due to the fault of some other person or company you may have a separate a separate lawsuit against the other person or company.
At The Pistotnik Law Offices we use our experience in handling on-the-job injury cases to investigate every possible area that allows you to obtain financial compensation for your injuries. Evaluating all of the facts involved in the cause of the accident requires skill and experience. Our office will take over the investigation of your case so that you can concentrate on recovering from your injuries. We can assist you in finding an appropriate medical specialist to treat you, and if your employer refuses to provide treatment we can go to Court to obtain medical treatment for you.
All workers who are injured during an employment related activity are required to give notice to their employer as soon as possible and make a written claim before the appropriate statute of limitations period expires. People who delay following these requirements can lose a case. Thus, it is important to seek the advice of an attorney quickly following an accident.
Courts look to a number of factors in determining whether an injured worker is entitled to compensation. Some examples of these factors include, but are not limited to, the following:
- Whether the accident occurred during work time
- If away from the home office the Court will study the facts of how your job required you to drive as a necessary part of your work
- The level of your medical injury
- The level of your work restrictions
- The level of your permanent functional impairment
- Your disability as it relates to performing tasks of employment
- Working under the influence of drugs or alcohol
- Your need for ongoing future medical care
Employees who are injured on-the-job due to the fault of someone other than your employer may be able to have a separate and distinct legal claim for personal injuries and damages. In many circumstances, these claims lead to a higher level of overall monetary compensation for the injured person.
If you have been injured while driving on-the-job due to the fault of another person you will have a claim for your injuries against that other driver. If you are driving a company vehicle then you have underinsured motorist benefits based upon the level of liability insurance your company has purchased on the vehicle. Insurance purchased by an employer on a company vehicle can be much higher than normal limits of insurance. Some employers are required to carry high levels of insurance while others purchase high levels of insurance to protect them from liability. These types of claims provide a much larger area of recovery and are called third party claims.
One example of these third party claims would be a circumstance where you are driving a company vehicle and another driver causes an accident. If the other person had limited vehicle insurance and your employer had taken out a better policy of insurance with underinsured motorist coverage you would be able to be compensated for your injures from the other driver and your employer's vehicle insurance carrier from the underinsured portion of the policy.
Another example of a third party claim would be the factual scenario where an employee is working in construction and another company did some action or omission that caused you an injury. You would then be able to bring a claim against this other company. The law provides some defenses to this other person or company that requires evaluation by a skilled trial lawyer.
Persons who are injured by a product at work can have a third party claim against the manufacturer of the machinery that caused them injury. There are many other examples of third party claims.
Some workers compensation attorneys only handle the workers compensation portion of your case while ignoring the potential larger recovery against the other individual or company. When this occurs, your overall total compensation is reduced. At Pistotnik Law Offices, our lawyers specifically investigate to look for these types of additional claims.
The Pistotnik Law Offices handles all personal injury cases including, but not limited to:Large truck accidents, car accidents, injury cases, injury victims, reckless driving, negligence, torts, car accident victims, damages, wrongful death, vehicle accidents, pedestrians, cyclists, motorcycle accidents, third party lawsuits, damaged cars, insurance settlements, auto accidents, medical bills, permanent injury, rear-end collisions, liability insurance, property damage, minor injuries, insurance coverage, truck accident, tractor-trailer accidents, paralysis, paralyzed, eaglemed, Lifeflight, Wesley Medical Center, Via Christi, St. Francis hospital.
The Pistotnik Law Offices serves the following areas: Kansas, Southern Kansas, Wichita, Barton County, Butler County, Ellis County, Ford County, Abilene, Colby, Dodge City, Garden City, Goodland, Hays, Hutchinson, Larned, Liberal, Pratt, Russell, Salina, Sedgwick, Hodgemen County, Kiowa County, Meade County, Gray County, Haskell County, Finney County, Seward County, Hamilton County, Scott County, Gove County, Logan County, Edwards County, Pawnee County, Stafford County, Reno County, Harvey County, Marion County, Chase County, & Lyon County
The legal information offered by The Pistotnik Law Offices and contained herein, regarding Kansas legal statutes and Kansas claimants' rights, is general in scope. No legal attorney / client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Kansas lawyer regarding your specific inquiry.See Terms of Use.
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