We frequently receive calls where, the Kansas City, injured party is unsure whether their claim is a personal injury or a workers' compensation claim. Here's the difference:
Workers' Compensation Claim - A workers' compensation claim is when you, working as an employee, are injured, disabled or, suffer a wrongful death in connection with work (ex. While working for Wal-Mart, a cashier is struck by a box, that was improperly stacked by another employee, and as a result suffers serious head injury). In sum, if you are doing the business of your employer, and while doing so, you are injured, you have a workers'
compensation claim. You would then file a claim with Workers' Compensation, to request payments for missed time at work, medical expenses, damages, etc...
Personal Injury Claim - A personal injury claim arises when there is physical injury, to your body, caused by the negligence of another (ex. While crossing the street, in the crosswalk, you are hit by a speeding car, causing you traumatic brain injury). If it happened while you were leading your personal life, it is probably not a workers' compensation claim, it is likely a personal injury claim. Typically, compensation for personal injury is sought from an insurance company.
But wait! Is it possible to have both a work-comp and personal injury claim? Yes. (ex. While delivering a package for the company you work for, you are sitting at a red light and then rear-ended by another driver. This accident caused you injury to your head and back. You then would have a workers' compensation claim (because you were doing your employer's business) and a personal injury claim (because you would be entitled to seek compensation from the negligent driver's insurance company)).
Kansas City, because it is in both Kansas and Missouri, oftentimes gives you a unique opportunity to file in either/both Kansas and/or Missouri (ex. Your company is located in Missouri, and you live in Missouri, and while doing the company's work you are physically injured by a speeding driver in Kansas).
The laws surrounding workers' compensation, personal injury claims and the jurisdiction of the Kansas City courts are complex. Be certain that the insurance company, and frequently your employer, are not working for you and want to pay you the least amount possible. Statistics show that those who file these claims without an attorney receive 50% less than those who do.
The insurance company and your employer will have lawyers working for them. You should too. Call Attorney T. Morton before you do, or say anything, at 913.602.7288 or complete this FORM. We will fight for what is fair for you!
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