Workers Comp Lawyer in Topeka, KS
Have Questions to Ask a Workers Comp Lawyer? Roger Finch, Attorney at Law Can Help.
If you were injured on the job, you are entitled to receive workers’ compensation. Workers’ compensation is insurance that your employer carries to help provide you with certain benefits in the event that you are not able to work due to a serious injury or illness. This coverage is required by the state of Kansas (with certain exceptions) and can be obtained by filing a workers’ compensation claim with your employer after an accident.
Compensation should be awarded promptly after a serious injury but in some cases, the benefits are not applied and workers go months or years without obtaining the compensation that they deserve. Roger Fincher, Attorney at Law will help you understand many aspects of workers' compensation, including the following:
- Workers Compensation Benefits: Most employers are required to carry workers' compensation insurance. All qualified employees are eligible to receive benefits after a work injury in Kansas. There are a number of requirements that make you eligible for these benefits, and our attorney can make sure that you receive the proper benefits following an injury.
- Types of Injuries: Work-related injuries that may be eligible for workers' compensation include back injuries, slip and fall injuries, repetitive stress injuries, and many more. Roger Fincher can help you understand the different types of work-related injuries so that you can seek maximum compensation!
Injured at work? Contact Roger Fincher Attorney at Law at (785) 222-4066 for a free consultation with our workers comp lawyer!
What To Do If an Accident Occurs in the Workplace
While most people are aware that worker’s compensation benefits exist, many do not know what they should do if they are injured at work. If you should ever suffer a work-related injury, there are several steps you must follow to stay in control of the situation and maximize your chances of claim approval.
- Step One- Seek Medical Help
- If your injuries are serious enough to require emergency care, immediately head to the closest medical center or have someone call for an ambulance. For less serious injuries, consult with your employer before seeking medical help. Your employer will likely direct you to a specific medical provider that handles treatment for their workers’ compensation recipients.
- Step Two- Tell your Employer Immediately
- In the state of Kansas, injured employees must notify their employer of their injuries within 20 days of their accident or injury. Your notice must contain information about when and where the accident happened, as well as the specific injuries suffered and who was involved in the incident.
- If this window of time expires and you have not yet informed your employer, you may lose your right to seek benefits. If you are seeking benefits but are no longer an employee of the company, this time frame is shortened to 10 days.
- Step Three- Keep Detailed Records
- Once you have told your employer what has happened and you have seen a doctor, it is vital that you keep a thorough set of records regarding all pertinent information about your injury and treatment. This information can prove what happened, who provided you help, and what compensation you are entitled to receive.
- Keep notes of documents including medical invoices and receipts, names of doctors and paramedics who treated you, important dates of treatment, days that you missed work, and any eyewitness testimonies.
When To Hire A Workers Comp Lawyer
It's best to file a claim and hire a lawyer as soon as your injury occurs. According to Kansas law, a claim may be denied if an employee fails to notify their employer within 20 calendar days from the date of an accident or 10 days after their last day of work.
Knowing when to hire a workers' comp lawyer is necessary in order to obtain maximum compensation for your claim. Workers’ compensation benefits can be obtained if you were injured while working, performing a job under the scope of your employment, or while traveling on direct business for your company. Other situations where in where you should contact an attorney include:
You Know, Or Are Pretty Sure, You Weren’t At Fault
Minor and even moderate accidents can happen all the time, and it doesn’t mean the employer is directly at fault. From paper cuts to getting burned while working in the kitchen, occupational hazards are all around us. However, there are times when management doesn’t look out for or protect their employees like they should. If you feel like there was a direct correlation between your accident and negligence of your employer, it’s probably a good time to call our work injury lawyer.
- Non-example: Getting burned by a grill because you accidentally leaned into it.
- Potential example: Getting burned by a faulty grill that your employer refuses to fix or replace.
Your Injury Is Severe
As we mentioned, minor and moderate injuries can be sustained at any job, and it can be chalked up to the fact that accidents happen. But if you’ve been severely injured at your job, in a way that’s affecting your life weeks, months, or even years after the accident, there’s a chance that you could be eligible for legal compensation. Again, this isn’t a guarantee, but it might indicate that there was some negligence on the employer that you weren’t immediately aware of, and they might be financially responsible to help offset your medical costs and time away from work.
- Non-example: Not wearing a hard hat at the construction site when you were supposed to and sustaining a head injury.
- Potential example: Following all the routines and safety procedures and still sustaining a long-lasting illness or injury.
Your Employer Denies Anything Happened
If you were injured on the job, you might be eligible for workman’s compensation. However, if your employer refuses to acknowledge your injury happened at work, even though you know it did, this is a red flag. This could also be a sign that they’re trying to get out of any financial situations that might arise, such as contributing to your benefits.
As online legal resource Nolo states, “Employers and workers’ comp insurers routinely reject bona fide workers’ comp claims, confident that many workers will fail to appeal. Unfortunately, they’re usually correct.” If you feel like this applies to your situation, don’t let your boss back you into a corner. Contact our personal injury lawyer for a free consultation.
- Non-example: You get a minor injury, like a small papercut, and your employer jokingly says “you’re fine, get back to work.”
- Potential example: You sustained a moderate to serious injury on the job, and your employer insists it didn’t happen while you were at work.
A Settlement Offer Doesn’t Meet All Your Needs
An employer offering you a settlement might seem like a good sign — after all, they’re owning up to their fault and taking responsibility, right? Truthfully, while many employers have your best interests in mind and take your health seriously, others might actually be ripping you off in the process, hoping you’ll take the bait. A good indicator of whether you should contact a work injury lawyer is if your employer’s offer does not cover all your expenses, by which we mean medical bills and compensation for any lost wages (as in time you couldn’t work, due to your injury). If this is the case, your Topeka personal injury lawyer is the one you want to start talking to.
- Non-example: Your employer takes time to ensure that you’re fully compensated for medical bills and lost wages.
- Potential example: Your employer comes forward with an offer that covers some, but not all, of the damages and says “that’s the best I can do.”
You Feel Like You’re Being Punished After Your Injury
Filing a workman’s comp claim is an essential step when you’re trying to get fair and appropriate compensation. However, some bosses start to retaliate as a result, either out of intimidation, fear, anger, or in attempts to persuade you to think otherwise. If your boss has lashed out at you, treated you differently, discriminated against you, cut your hours, or even fired you, it would be worth your time to speak with a personal injury lawyer. You don’t deserve to be treated this way in general, and certainly not when you’re only trying to get the justice you deserve. No one should be made to feel bad about trying to advocate for themselves.
- Non-example: You were fooling around at work for the umpteenth time, sustained a minor injury and might have even caused other injuries to your coworkers, and you’ve been suspended from your job.
- Potential example: You filed a workman’s comp claim, and your hours have suddenly been cut, and your boss is acting negatively and/or different towards you.
Hear It From Our Satisfied Clients!
Roger Fincher represented me during my case and did an outstanding job. I would highly recommend him to anyone who has suffered serious personal injuries! -Lukas O.
Reach Out to Roger Fincher Attorney at Law for a Free Consultation
If you need assistance with workers’ compensation, it is better to hire an attorney sooner rather than later. Having a lawyer on your side can help make a significant difference in the outcome of your case. Our firm offers personalized legal representation from start to finish. Our Topeka workers’ compensation lawyer has more than 25 years of experience and has handled thousands of cases.
Contact us online or by phone at (785) 222-4066 for a free case evaluation.
Do I Need a Lawyer for a Workers' Compensation Claim?
Workers’ compensation benefits can be used to cover the cost of medical bills, lost income/wages, long-term treatment, and disability. Unfortunately, the process of filing a claim is often complex and, in some cases, injured workers have their claims unjustly denied.
A Topeka workers’ compensation attorney can help you with:
- Filing a claim with the insurance company
- Communicate with your employer and their insurance company
- Represent you at benefits hearings and court appointments
- Negotiate settlements
- Appealing denied benefits
- Litigating on your behalf
- Assist in filing all necessary paperwork related to workers’ compensation
“Roger does an outstanding job representing his clients. I highly recommend him.”
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