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7 TRAPS TO AVOID

(How to maximize your recovery while minimizing your risks)

Anytime you suffer an on-the-job injury, your employer and their workers' compensation insurance company are going to look for ways to limit the amount of money they may have to spend on your case. It only makes sense that your employer be reasonable and pay only what is required of them for your injury. However, too many employers set or use traps for their employees so they don't have to pay any workers' compensation benefits in the hopes that it will save them money on their insurance premiums. When this happens, the only true losers are the unsuspecting employees who rely on their bosses but then "take it in the back" when the trap is sprung and they lose their claim due to their bosses not fully informing them of their rights and setting or using these traps. DON'T BE A VICTIM OF THESE TRAPS AND YOU CAN MAXIMIZE YOUR RECOVERY CHANCES.

Trap #1: Not giving notice of the work related injury to your boss.

If you suffer a work related injury, NO MATTER HOW SMALL IT MAY SEEM, you must give notice to your boss or proper supervisor within 10 days of your injury or you could lose your case before it even begins to get off of the ground. There are some exceptions to this 10 day rule but DO NOT WAIT. If you think you might have waited too long, do it anyway and then consult an attorney to see if the exceptions apply to your case. "Notice" is telling your boss that you suffered a work related injury. Also tell them about your accidental injury and demand medical treatment immediately and if they deny treatment, you need a workers' compensation lawyer right away.

Trap #2: Not serving a written claim on your employer within 200 days of the accident.

Kansas law also says that you must deliver a written claim for compensation to your employer stating your intent to pursue workers' compensation benefits within 200 days of your accident or you could lose your claim completely. There are exceptions to this rule and if you think you didn't deliver the claim form or writing within 200 days and you need to look into an exception, contact a workers' compensation attorney about this. Some employers never mention this to their employees until it is too late.

Trap #3: Not correctly calculating weekly benefits by including overtime pay.

Most employers either don't know or don't care to properly calculate how you should be paid your weekly workers' compensation benefits and so you get UNDERPAID while you are off work and underpaid in your settlement. Your benefits are directly tied to how much money you earned in straight time and overtime and other benefits that are terminated when you are not working. To be sure of the correct calculations and to MAXIMIZE YOUR MONEY, get all of your paycheck stubs together and have a lawyer calculate your gross average weekly wage using the Kansas Statute and you can be assured you will be paid at the correct rate.

Trap #4: Don't rely upon the company doctor for your final report on treatment.

The company doctor who has been assigned to your case by the employer or insurance company often has a conflict: They are HIRED BY THE EMPLOYER to treat employees. They get paid by the employer or insurance company and they know if they make the insurance company or employer mad, they will not be allowed to continue to see patients with injuries from the employer. You almost always need to get a second opinion from a qualified doctor not hired by the insurance company or employer. Most good workers' compensation attorneys know which doctors to use and which ones to stay away from so when you get into this trap, contact a workers' compensation lawyer about a second opinion.

Trap # 5: Not filing your application with the State of Kansas within three years.

Some workers' compensation cases require complicated surgery and treatment which takes time. If you don't file a form called an E-3 within three years of your accident, the employer can lull you into thinking your claim has been properly filed when it hasn't. There are exceptions to this rule but there is no reason to wait; you should do this immediately. The assistance of a good workers' compensation lawyer to get an accurate and complete form on file is critical to your protecting yourself from this trap.

Trap # 6: Don't just accept the rating for impairment you receive from the company doctor.

Many company or insurance company doctors will give real low ratings that are not accurate or given pursuant to the correct guides. The company doctor is proud of their work and often won't admit to a bad result. Get another doctor who is knowledgeable about how to rate a person and who isn't just doing what the insurance company wants them to do. The BEST RATINGS that result in the LARGEST RECOVERIES come from doctors located by attorneys who represent employees only and are experienced work comp lawyers.

Trap # 7: Don't accept a lump sum settlement offered by the insurance company because they say that is all they will offer.

Settling a workers' compensation claim on a lump sum basis usually means that you are settling all issues in your case, including future medical care and the right to come back to court in the event your injury gets worse. YOU DO NOT HAVE TO DO THIS AND IF YOU HAVE AN EXPERIENCED WORKERS' COMPENSATION ATTORNEY YOU CAN HAVE YOUR CAKE AND EAT IT TOO. Avoid closing out all issues by having a good attorney early on in the process and one who can QUICKLY get you the MAXIMUM amount without compromising your rights.


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Location: 300 W Douglas Avenue | Wichita, Kansas (KS) 67202 | 1-316-263-0001 | 1-888-263-0001 | Email Us