Welcome to Spring and Easter week. This holiday is filled with lots of fun, family gatherings and (of course) egg hunts. We would like to offer you a few safety tips:
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Under the Kansas Worker's Compensation law, you must follow the treating physician's/provider's orders. To do so, you likely will need to travel to-and-from a number of medical appointments. Where possible, the medical manager of your claim will arrange your appointment location(s) within five miles of your home; however, in many instances, this is not possible. Where your travel exceeds five miles, each way, you may receive mileage reimbursement from the insurance company. Those reimbursable travel expenses may include: doctor's appointments, hospital visits, physical therapy, picking up prescriptions, parking fees, meals (where the appointment is several hours long and a great distance from home), cost to pay for a driver (ex. taxi), etc... You will be reimbursed per mile based on the current Work Comp. rates. In certain instances (ex. it is dangerous for you to drive because of the nature of your injury), the insurance company may be responsible for arranging your transportation. We encourage you to keep a log of your miles and submit requests for payment monthly.
We have recovered tens-of-thousands of dollars for other injured clients and will work tirelessly to get what is fair for you. If you, or your loved one, have been injured at work give us a call today at 913.602.7288 or complete this FORM. Once you receive weekly benefits, through Kansas Worker's Compensation, you likely will determine that the maximum benefit amount is hard to survive on. For that reason, we are often asked about the possibility of simultaneously receiving Worker's Compensation and Social Security benefits. The short answer is, in Kansas, you cannot get both at the same time. For that reason, when you have physical conditions that may prevent them from returning to work, we work with you to determine which benefits you should request. We also work with you, if you have already been paid Work Comp benefits and now want Social Security instead, in calculating the amount that will be offset from you Social Security.
We have recovered tens-of-thousands of dollars for other injured clients and will work tirelessly to get what is fair for you. If you, or your loved one, have been injured at work give us a call today at 913.602.7288 or complete this FORM. If you are newly injured, you may be wondering how to begin the Kansas Worker's Compensation process. Here's how to get started:
1. If you require medical attention, first attempt to find out where your employer wants you to be seen. That is unless it is an immediate emergency. In that case, you should get the care you need right away (i.e. call 911, report to the emergency room, etc...); 2. You should notify your employer right away of your injury, even if you think you are at fault. Under the Kansas law you must share this information with your employer within 10 days or, risk losing your benefits. You can double-check that your employer has notified their insurance by contacting the Kansas Department of Labor or requesting the insurance provider information from your employer directly; 3. Be sure to get all records related to your injury, pictures of your injury and/or any witness(es) contact information. You will need this information later; 4. Your claim for Worker's Compensation benefits (which is different than telling them about your injury) must be submitted in writing within 200 days of the date of the accident or the date of the last compensation payment/authorized medical care; 5. You may be required to submit to a drug/alcohol test. Refusal to do so or failure to complete the testing immediately may result in denial of benefits; 6. While under the care of a Worker's Compensation physician you must, within reason, follow the treatment plan provide and stay in regular contact with the insurance company; 7. You are not required to maintain employment with the company you filed your Worker's Compensation claim with; however, if you are terminated strictly because of your injury you may have a claim for wrongful termination; and 8. YOU NEED AN ATTORNEY. Although this is the last point in this blog, it is the most important. Kansas Worker's Compensation laws are complex and, are riddled with strict deadlines and rules. There is very little forgiveness afforded, by the courts, for not knowing or understanding how to maneuver through the process. We have recovered tens-of-thousands of dollars for other injured clients and will work tirelessly to get what is fair for you. If you, or your loved one, have been injured at work give us a call today at 913.602.7288 or complete this FORM. In Kansas, if you are entitled to payments for an accident or work injury, your support orders can be withheld and be used as payment of said orders. That is to include child support and/or spousal support orders, even those made by a non-Kansas court. Typically, the insurance company and your attorney are given notice, by letter, of the support and must comply with the order. Thus, providing us with the opportunity to dispute, where necessary, any discrepancies. However, if you handle your claim alone, you might not find out what is being withheld until you receive a check.
Although injury funds are subject to garnishment for support orders, that does not mean that 100% can be used. There are limits. Our office has handled cases where the requests made were far greater than what was owed. We have also handled cases where the amount demanded was higher than what was permitted by law. In those instances, we used skill, knowledge of the law and diligence to protect the funds our clients were entitled to. If you, or your loved one, have been injured in an accident and owe support don't handle your claim alone. We have gotten our clients tens-of-thousands of dollars for their injuries and we are here to help you too. Call Attorney T. Morton today at 913.602.7288 or complete this FORM. Attorney T. Morton would like to thank all of you who have voted for and/or contributed to this distinct honor. Our office has been dedicated to strictly serving those injured across the state of Kansas. We have had the privilege of helping those injured in car accidents, work accidents, medical malpractice, etc... Not only has this given justice to our clients, it has given us a great deal of joy.
According to the nomination documents, "Lawyers of Distinction members have been selected based upon a review and vetting process from a Selection Committee.[...] These potential candidates who meet the criteria of our screening process have demonstrated a high degree of peer recognition and professional competence.[...] These candidates undergo the same rigorous review process. Lawyers of Distinction uses it own independent criteria, including both objective and subjective factors in determining if an attorney can be recognized as a Lawyer of Distinction in the United States in their respective field. This designation is based upon the proprietary analysis of the Lawyers of Distinction organization alone and is not intended to be endorsed by any of the 50 United States Bar Associations or The District of Columbia Bar Association. Lawyers of Distinction shall not confirm membership to more than 10% of attorneys in any given state. " Our office is excited about the nomination and will continue to provide excellent legal support to you. If you, or your loved one, are injured in an accident call us today at 913.602.7288 or complete this FORM. |
ADDRESS7500 College Blvd., Suite 500 PRACTICE AREASPHONE & FAX
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