Workers' Compensation

Did you know that workers' compensation laws were originally passed for the protection of the employer? It's true. Employers were being sued by employees for unsafe working conditions and co-employees were suing each other for negligence. The money damages were too great for employers so they sought protection from their lawmakers.

As a result, workers' compensation was created with the idea that everyone would recover some amount for injuries in the workplace but the amount of recovery would be controlled. Thus, workers' compensation laws put in place caps on employer liability and provided injured workers immediate - yet reduced - benefits and eliminated the need to prove negligence or fault.


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COMMONLY ASKED QUESTIONS AND ANSWERS




COMMONLY ASKED QUESTIONS AND ANSWERS

Question: My employer sent me to a doctor. He does not seem to be helping me and we do not get along. Can I do anything?

If you would like to schedule a initial consultation contact an Kansas workers' compensation attorney, representing clients in Garden City at McCullough, Wareheim & LaBunker, P.A. Give us a call at (785) 233-2362 or complete our inquiry form.


Answer

The law requires your employer to provide all "reasonable and appropriate" medical care to cure and relieve your injuries. If they are not doing this you can access the preliminary hearing process described in the previous answer. If you can prove your case at the preliminary hearing, the Judge can Order your employer to provide a list of two (2) different doctors from which you can choose to obtain your treatment.

You also have the right to what is called "unauthorized medical." You have the right to spend $500.00 with a doctor or chiropractor of your choice. If there is a dispute over medical treatment, this benefit can be used to obtain a medical opinion that would provide expert answers to such questions as diagnosis, causation, treatment recommendations and whether a person is able to work, and if so under what if any temporary restrictions.


On behalf of McCULLOUGH, WAREHEIM & LaBUNKER, P.A. we hope this material will be of benefit to you in answering your questions relative to work-related injuries. This material is a part of an ongoing commitment by McCULLOUGH, WAREHEIM & LaBUNKER, P.A. to unions, their members, and injured workers in the State of Kansas.Contact one of our Kansas work injury lawyers representing clients in Garden City, Kansas (and throughout the State of Kansas) today to schedule your initial consultation.

Our Location

Our office is a block south of the Topeka Workforce Center on SW Topeka Blvd.

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Contact Details

1507 SW Topeka Blvd, Topeka, KS 66612 Phone (785) 233-2362 Fax (785) 233-0430

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