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.




Question: What are the first things I should do if I am hurt?

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


A. The steps you should take when injured on the job are:

a) Let your employer know as quickly as possible that you think you have been hurt, and request that your employer notify his insurance company. You should be as specific as possible when giving notice.

Don't just tell the employer "I think I was hurt." Tell your employer when and where you were hurt, how the injury occurred and all of the body parts injured. Be sure to tell the employer each and every body part that you feel was hurt rather than just the main problem. If you only tell the employer about what you feel is seriously injured this may affect your ability to get treatment and compensation for conditions that were minor at first but worsened with time.
Be sure to notify the correct person of your accident. This could be your supervisor; however, if the employer has designated a specific person that is to receive notice, notifying your supervisor may not be enough. If in doubt, ask the supervisor or your Human Resources person if there is a specific person or procedure to give notice of a work related accident.

b) Seek medical attention being certain to tell the doctor how you got hurt. Ordinarily, you need to discuss the choice of doctor with your employer.
While the giving of notice to your union steward or shop foreman is a good idea, it does not qualify as giving notice to the employer.

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 Leawood, Kansas (and throughout the State of Kansas) today to schedule your initial consultation.

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

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