Mistakes That Can Affect Your Workers' Compensation Claim

A vibrant evening view of Kansas City with Union Station illuminated in green and the skyline in the background If you've been hurt in an accident in the Kansas City metropolitan area, it can matter whether your claim is governed by Missouri vs Kansas law. It's always important to speak with an attorney who is local to our area and who has familiarity with both. more Missouri vs Kansas Law in the Kansas City Metropolitan Area When the crash occurs on the Missouri side of the metro area, Missouri statutes and court decisions set the deadlines, the way fault gets decided, and how insurance is held accountable. When it happens on the Kansas side, Kansas statutes take over instead. Here's some things to know: Statute of Limitations The statute of limitations is the window within which you must file your lawsuit or you lose the right to bring a claim at all. In Missouri, the general deadline for most personal injury claims is five years from the date of the injury. In Kansas, the deadline for ordinary negligence claims is two years from the date of injury. That shorter time limit often means that victims need to make decisions about legal action while they're recovering and dealing with bills, which makes it especially important to have a lawyer early on in the process. Negligence Missouri has pure comparative negligence, which means a person can still recover damages even if they are 99% responsible: the final award simply gets reduced by their percentage of fault. Kansas uses a modified comparative negligence rule, so if the injured person's share of fault reaches 50% or more, they can't recover anything at all. Below that 50% threshold, their award would also be reduced proportionally to their fault. Insurance Requirements Both states require drivers to carry liability insurance with the same basic minimums of $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage. However, Kansas also requires Personal Injury Protection, or PIP, which pays for medical expenses and some lost wages right away, regardless of who caused the crash. Missouri does not require PIP, and injured people there will usually need to rely on their health insurance, optional MedPay coverage, or the at-fault driver's liability policy once fault is established. These insurance differences definitely influence cash flow and leverage during settlement talks. In Kansas, the PIP benefits can cover initial costs while liability is still being sorted out. In Missouri, the injured person may need to use their own health coverage or pay out of pocket until the other driver's insurer accepts responsibility or a court decides the percentages. That gap can pressure you to accept an early offer that does not fully account for long-term needs. A lawyer can help you explore all the options to hold out until you get a fair settlement. If an accident has left you dealing with injuries, medical bills, and uncertainty about what comes next, call us at Spooner & Perkins Attorneys at Law in Parkville, MO now for help anywhere in the metro area. We have decades of experience helping victims in Kansas City, on both sides of the state lines.

When you suffer a personal injury while at work here in Missouri, the sooner you report the work injury the better your chances of getting your full workers' compensation benefits. State law sets deadlines that every injured worker should understand, and if you're having issues, it's important to talk to an attorney sooner rather than later. more How to Report a Work Injury in Missouri It's essential that you give written notice to your employer. The written notice must reach your employer no later than thirty days after the incident in most cases, and it needs to include the date, time, and place of the injury, a description of its nature, and your name and address. Many employers do have their own incident forms for you to fill out, but if not, the state also provides a free form called WC-280 that you can use if needed. The wisest thing to do to be absolutely certain everything moves forward as it should is to deliver the notice in person with a witness or send it by certified mail with return receipt requested. Why Moving Quickly Is Important Obviously there's a legal requirement to fulfill here, but there's more to it than that. When the details and evidence are fresh, your employer (and your own lawyer, if necessary) can investigate better. Witnesses still remember what happened, and video or photographic records still exist. Early reporting also lets your employer arrange authorized medical treatment quickly, which supports your recovery and creates consistent documentation of the injury. What About Gradual Onset Injuries? Injuries that develop gradually, such as those caused by repeated motions or workplace exposures, also have a thirty-day window, but the thirty days run from the date that your doctor diagnoses the condition and ties it to your work, not from the date the symptoms first appeared. Next Steps Once you provide notice to your employer, your employer must forward that information to their workers' compensation insurance carrier or third-party administrator within five days. The carrier or administrator then files the First Report of Injury with the Division of Workers' Compensation within thirty days of learning about the incident. If your employer doesn't report the injury, or if the insurer doesn't, then they can face some serious consequences. There are fines and even possible prison sentences for this kind of fraud and noncompliance. How a Lawyer Can Help Despite the potential consequences, some employers and insurers drag their feet with these injuries, so it's important to keep on your employer and make sure they've done the proper reporting. Getting a lawyer is a good way to keep things moving. Your lawyer can make sure all notifications are made, put pressure on and even report your employer or their insurer if they're not following through, and help you challenge any denials, delays, or other issues that could jeopardize your claim. Talk to a Personal Injury and Workers' Comp Attorney For help with your workers' comp claim, contact Spooner & Perkins Attorneys at Law in Parkville, MO or call us at 816-572-6324. We offer free consultations, and we have decades of experience serving the Kansas City Metro area.

In a personal injury situation at work, it's common to wonder if you'll have issues if you were partially at fault. Partial fault workers' compensation is a thing: in Missouri, you're not barred from getting benefits just because you contributed to an accident, except under very limited circumstances. more Missouri and Partial Fault Workers' Compensation Missouri's workers' compensation system is a no-fault program. The only thing that matters is whether your injury arose out of and in the course of your employment. It doesn't matter who was to blame. You do not need to prove your employer was negligent, and your own partial contribution to the incident generally will not prevent you from receiving medical care, wage replacement, or other benefits. Because of this no-fault design, your percentage of fault in causing the accident usually does not reduce or eliminate your benefits, and the courts and the Division of Workers' Compensation will just be concerned to evaluate whether the injury meets the “arising out of and in the course of employment” test. Specific Exceptions There are some specific, and narrow, exceptions to this rule: Intentional If you intentionally injure yourself, benefits are barred completely. However, it is your employer's responsibility to prove you did it on purpose: you don't have to prove you didn't. Failure of Safety Rules If you fail to use your employer-provided safety devices or ignore reasonable safety rules you knew about and were trained on, your compensation is reduced by at least 25%, but not more than 50%. But again, it's on your employer to show that you'd been trained on the rules and had access to the safety gear. Drugs and Alcohol If your employer has rules against the use of drugs or alcohol, and you were using drugs or alcohol at the time of the injury, this can trigger a 50% reduction. You can even forfeit all of your benefits if it can be shown that taking the drugs or alcohol was the proximate cause of the accident. Personal Choice If you choose to take part in a recreational activity and get hurt during that activity, even if your employer encouraged you to take part, you don't get compensation. However, if you were required to take part, or if you were paid at all for your time while taking part, it counts as work and your benefits have to be paid. Third-Party Personal Injury Claim If someone other than your employer or co-worker caused or contributed to your injury, like a delivery driver or a subcontractor, you may have a separate personal injury claim against that party in addition to your workers' comp benefits. However, this is a normal personal injury claim, so comparative fault rules would apply. That means you can only collect from them in proportion to their degree of fault. Don't let worries about blame keep you from filing for the workers' comp you deserve. Contact us now for a free consultation at Spooner & Perkins, Attorneys at Law, to discuss your situation. We bring decades of dedicated experience representing injured workers in Missouri and Kansas.