Author Archives: Judy Pope

New committee re-nominates Johnson County workers’ comp judge

Law practices these days are far more specialized than they were, say, a hundred years ago, and specific kinds of judges tend to hear specific kinds of cases. Disputed workers’ compensation claims are heard by an administrative law judge. In Kansas, the way workers’ compensation judges come into their positions is by first being nominated and then being appointed by the governor and the secretary of the Labor Department. But the way that process works recently changed.

Since Senate Bill 187 was passed, a two-member panel will no longer nominate judicial candidates. When that was the case, one panel member represented business interests while the other represented workers’ interests. Now a seven-member committee will nominate candidates for administrative judge positions, and the change has sparked some controversy.

The following parties will now be represented on the nominating committee:

  • the National Federation of Independent Businesses
  • the Kansas Self-Insurers Association
  • the Kansas Chamber of Commerce
  • the Kansas State Council for Human Resource Management
  • the state Labor Department
  • the Kansas AFL-CIO labor federation
  • and one individual from an employees’ organization selected by the Labor Secretary

While the initial meeting of the committee appears to have gone smoothly, with all parties agreeing to reappoint a Johnson County judge, dispute arose after the passage of the Senate bill. Critics say the structure of the committee gives too much power to insurance companies and businesses and not enough to groups that protect people who have suffered a work-related injury.

Workers who have been injured on the job need to be aware that legal support may be necessary to receive the maximum amount of due compensation.

Source: cjonline.com, “No discord in first workers’ comp committee meeting,” Andy Marso, July 1, 2013

*Use of this website does not create an attorney-client relationship. The information on this site is not legal advice. You should contact an attorney for actual legal advice with Dickson and Pope, P.A. at 913-387-5510.

2 workers killed by falling granite at construction site

As many Kansas residents are aware, working construction is one of the most strenuous, laborious jobs there is. Anyone who has worked on a construction site can attest to this. Not only is the labor physically grueling and intense, it can also be very dangerous. Falling objects, electrocution, explosions and machinery accidents are an everyday risk for many of these workers. These workers put their lives on the line every day for their jobs.

Recently, two workers were killed in a tragic accident at a construction site. The men were working in a shipping container moving large slabs of granite. As the slabs were being offloaded from a truck, 10 of the slabs fell onto the two employees. Emergency responders rushed to the scene to find that one of the men had already died as the result of his injuries, while the other was still alive and had to be rushed to a hospital. He too died as the result of his injuries.

According to reports, crews who responded to the scene were able to break apart the granite and remove the workers within five minutes. OSHA was called in after the accident to investigate the cause. The company the men worked for had no previous accidents or violations on record. A coworker said the two men had been employees in the company for four or five years.

Losing a loved one as the result of a work accident is a tragic and heartbreaking occurrence. What loved ones should not have to suffer further with is the financial strain that often results. Medical and funeral expenses, as well as lost wages, can put loved ones in a financially trying position. However, some of these victims may be eligible for workers’ compensation benefits. Workers’ compensation is an exclusive remedy that is mandated at the state level. Pursuing this compensation and ensuring that a victim’s rights are protected can help to alleviate some of the financial strain following a work accident.

Source: CBS, “Falling Granite Slabs Kill 2 Workers At San Francisco Construction Site,” Feb. 7, 2014

Kansas trooper critical after patrol car gets rear-ended

Not all workplace accidents happen inside an office or factory building. Depending on a person’s occupation, the workplace location can vary significantly. Many people work in an outdoor location, such as a construction site or on a road. A worker may move from job site to job site to perform a specific skill. The public’s imagination might be stretched to include many different work locations were workplace accidents might occur.

A car was the unlikely scene of critical injury for a Kansas Highway Patrol trooper after a pickup truck rammed into his patrol car while he was sitting in it. According to reports, the trooper’s car was stopped on the side of the highway for a truck inspection when a pickup truck hit his car from behind. The Haysville, Kansas, driver said the crash happened due to a sneeze, although police are investigating whether driving under the influence of drugs or alcohol and talking or texting on a cellphone. Also under scrutiny is whether the vehicle was speeding and if the driver tried to avoid hitting the police car. Police stated the driver has several speeding violations on record.

Driver negligence and carelessness always come to mind as reasons for accidents with similar details and especially when they affect those who call a highway their workplace. Laws relating to workplace injuries allow victims to file workers compensation insurance claims for financial relief while recuperating.

Kansas City employers generally purchase workers’ compensation insurance to ensure that financial and other liabilities in such cases can be met. Reimbursement of medical bills, wages lost while recovering from the injury and other expenses may be addressed by workers compensation.

Source: The Wichita Eagle, “Highway Patrol trooper hurt on turnpike remains in critical condition“, Stan Finger, March 29, 2014

Kansas City construction site accident causes home evacuation

Construction sites are not your average Johnson County, Kansas, workplace environment. Depending on their location, they can interact with the surrounding geography in many ways. Construction sites can sometimes be situated just off main roads or freeways, and passing vehicles may need to slow down when moving through the area to ensure safety.

Even though precautionary measures may be taken, a construction site accident may impact the surrounding areas as well. Even when there is no risk of fatality, it may be necessary to implement construction site safety procedures to comply with established protocol.

A recent accident at a construction site in Kansas City, Kansas, illustrated the need for safety procedures. A fire department spokesman stated that a front loader hit a gas line during the course of the daily work operation, necessitating evacuation of a street mall adjacent to the site and nearby townhomes. The gas leak was later stopped by pinching off the line. Authorities stated that they have no reports of injury from the truck collision or the subsequent leak. The evacuation was described by officials as a precaution.

In the event of injury, legal avenues exist for receiving compensation for any injuries caused by the accident or evacuation. Employers are also legally required by state law to carry liability insurance. While compensation-related disputes are not generally anticipated, workers injured on a work site can consult with legal counsel, if they believe they have not received rightful compensation for injuries suffered.

Kansas City workers’ compensation laws allow for the reparatory payment of lost wages, apart from payments for hospital and other accident-related expenses. If any fatalities occur, death benefits may also be awarded, although no compensation can make up for the loss of a loved one.

Source: KCTV 5, “Construction accident causes gas leak in KCK,” Marc Jacobs, April 16, 2014

Forty-three-year-old man killed in industrial accident

Johnson County, Kansas residents are aware that certain professions involve working in a setting where there is always some element of risk. These positions are, in many cases, well compensated, given the additional risk. This does not take away from the fact that the normal discharge of a person’s duty at such jobs could result in serious injury, and even death. There are, however, laws in place guaranteeing that the workplace is as safe as possible; if not, the negligent employer might be liable for prosecution. Such laws come under the purview of the Occupational Safety and Health Act, or OSHA.

In a recent accident at an oil well, a 43-year-old man from a nearby state was struck by a piece of equipment and killed. The oil and gas company operating the well later identified the man as a worker for a sub-contractor, adding in a statement that the incident was the first of its kind at their site and that the safety of all employees, whether directly employed or otherwise, was a “top priority.” One investigating official said it was “an unforeseen accident.” The cause of the accident is as yet undetermined.

Although the victim’s family may not find much succor in receiving compensation, OSHA laws mandate that employers be suitably insured and thereby pay death benefits, including lost wages, as applicable, following such industrial accidents.

In Kansas, for instance, if employers pay out over $20,000 annually as wages, carrying workers’ compensation insurance is mandatory. The state also appoints an ombudsman to mediate between the victim or his family, the employer and the insurance provider. Most employers are eager to avoid any embarrassment in terms of treating employees fairly and are quick to process payment of such benefits. If the claim becomes disputed in court, the judge could award damages as well, an eventuality employers like to avoid. The victim’s family can seek advice and legal representation in such cases.

Source: WTOV9.com, “Accident at well site claims life of Texas man“, April 7, 2014

Female road worker dies in highway construction accident

The nature of a person’s work can involve exposure to many different dangers. This has prompted Kansas and many other states to enact protective laws, such as requiring use of protective equipment and clothing, to ensure the safety of workers in Topeka, Kansas City, and every road in between. Sometimes construction site accidents occur despite workers following the most stringent safety protocols. This is due in part to the nature of construction work, which often involves using heavy machinery and power tools. Thus, the death of a worker in a construction site accident is as much a general safety concern as a tragedy.

A recent incident resulted in the death of a 48-year-old construction worker at a highway site after a dump truck ran over the worker while backing up. Although the truck was moving slowly, and despite the worker wearing a hard hat and a safety vest, she was unable to avoid the vehicle, having only noticed it moments before the accident. Co-workers at the site apparently tried to scream a warning to the worker as well as the 25-year-old truck driver but the noisy environment made it impossible for them to be heard.

A police highway patrol investigation found that the woman, whose task involved routing traffic using signs, was kneeling on the road surface when the truck hit her.

The accident understandably shocked long-time colleagues on site and elsewhere. While her family might consider a legal route for monetary compensation, their loss can never really be adequately recompensed. Victims of construction accidents are usually eligible for workers’ compensation, but compensation amounts are likely to be determined by the insurance limit purchased by the employer. This limit ultimately may prompt a court battle. Having an experienced attorney deal with the legal issues may grant surviving family members the opportunity to grieve in peace.

Source: News9.com, “Edmond Woman Working Construction Killed On Interstate 44“, Allison Harris, March 22, 2014

Kansas woman appeals denial of workers’ compensation claim

Workplace injuries can result in the injured person being unable to continue working for a period of time, and thus also suffer a possible loss of pay. A person in Kansas thus affected can petition for workers’ compensation benefits.

In the case of one woman who claims she suffered shoulder and neck injuries at her workplace, the legal process took an unexpected turn. An administrative law judge determined she had not proved that the neck injury was indeed a workplace injury; the judge did, however, decide that the woman was eligible to be compensated for the shoulder injury, which resulted in a 16 percent permanent partial impairment.

The Kansas Workers’ Compensation Appeals Board later affirmed this decision. The woman believes the decision to be erroneous, and has appealed the verdict to the Kansas Court of Appeals, which was scheduled to hear oral arguments in the case in late March in Leavenworth. The woman also argues that the Board incorrectly computed her average weekly wage.

In order to recover workers’ compensation benefits an injured worker does not have to prove any negligence or fault on behalf of the employer. It is, however, necessary that the injury should have occurred while the employee was in the course and scope of their employment. While worker’s compensation wage loss benefits are less than 100% of the lost wages, they do provide significant relief. Medical and disability benefits are also recoverable. An experienced workers’ compensation attorney can help an injured worker fight for all the benefits to which they are legally entitled.

Source: LeavenworthTimes.com, “Court of Appeals to hear arguments in Leavenworth,”, March 12, 2014

Firefighter injured battling fire in a house in Kansas

In Kansas, work-related injuries have become quite common. For people whose jobs are risky, such as firefighters, construction workers or workmen engaged in mining industries, incidents of workplace injury are often reported.

Sometimes, a workplace injury leads to major accidents. Injuries and accidents mean huge expenses, loss of a valuable resource and, often, huge medical bills. Who is responsible for workers’ injuries? Who is going to pay all these expenses? These are the questions that the injured victim and the family of the injured person often ask.

In a recent incident in Kansas, a firefighter injured himself after falling down the stairs while battling an early morning house fire. At around 2:15 a.m., the fire was reported and the crew of firefighters rushed to the home. However, there was nobody inside the house. Fortunately, there were no casualties reported. The cause of the fire is still under investigation. It caused $60,000 worth of damage.

Organizations should try to provide a safe working environment for the employees. An injury to an employee results in huge loss of resources. Loss of resources is a huge loss of money. Sometimes, employers neglect the safety of the workers in this risky business. According to a U.S. report, every day, 12 people go to work and never return. The family and friends suffer a huge emotional loss as well as financial loss.

If people find themselves in a similar situation, they can claim compensation if the injury occurred in the workplace Workers compensation provides wage benefits and medical benefits to people who have been injured in the workplace. This compensation can help employees as they get back on their feet following a workplace accident.

Source: The Kansas City Star, “Firefighter injured battling Kansas City, Kan., house fire,” Mar. 7, 2014

Measures needed to reduce workplace accidents

Companies in Kansas and every other state are supposed to value their employees so highly that they ensure their safety on the job. Employees are assets for any organization, and if they are injured in the workplace, the company loses.

Unfortunately, workplace accidents have now reached such high levels in some industries, such as oil and gas drilling, that regional news organizations are beginning to investigate not only how and why these industries are failing but also why government at all levels is failing to enforce the very standards they established.

Who is responsible for these accidents? According to one recent investigation, the federal government has failed to implement new safety standards and procedures for modern onshore drilling processes. As a result, the accident rate has increased substantially and the number of workers who are dying continues to increase.

According to the investigation, there were 60 percent more accidents in onshore oil and gas workplaces in 2012 than in 2011. The newspaper reported that 2012 saw 79 people losing limbs, 92 workers suffering burns, 82 people crushed and 675 people suffering broken bones in onshore occupations. By comparison, offshore operations have become far safer the last few years, partly because federal regulations were enacted in response to the 2010 Deepwater Horizon disaster that killed 11 workers.

Employers are responsible for protecting their employees. Although many workplace accidents are minor, major accidents can lead to serious injuries and deaths. Any employee who thinks an employer is at fault for an accident injury should be sure to get the best information on the options to seek compensation that can cover medical bills and lost wages.

Source: Minneapolis StarTribune, “Houston Chronicle examination of Texas oil field safety finds failures, deaths, injury,” Feb. 23, 2014

Workplace injuries major health concern among employees

In Kansas City, if a person suffers a workplace injury, the state workers’ compensation system takes care of all of the expenses. The problem is that workplace injuries are not uncommon. Sometimes, they can lead to serious consequences and sometimes the injuries can even lead to brain injury and death. It can also be difficult to find the responsible party in the event of such a tragedy.

According to recent statistics, employers from the U.S. pay $1 billion each week for the cost of direct workers compensation. According to the U.S. Department of Labor’s Occupational Safety & Health Administration, the problem of repetitive motion injury is growing and this results in about 23 days of work absence for each incident.

The most common form of injury experienced by janitors and custodial workers is a shoulder injury. To reduce work-related injuries, companies should provide physical therapy and occupational health programs to employees. It is very important to prevent injuries by educating employees and modifying their workplace environment.

Workers compensation provides benefits for those who have suffered work-related injuries. It covers medical and wage benefits. An employee can seek benefits for various injuries caused by toxic materials, work-related accidents, and repetitive stress injuries.

If employees are injured in a workplace in Kansas, or any other state because of negligence, they may request the advice from an experienced attorney and seek compensation for their injury in the form of medical expenses and lost wages. A professional attorney may help an injured worker gain better insight into any work-related injury and offer advice on what the next steps for the injured employee should be.

Source: News Medical, “BU faculty develops physical therapy intervention to minimize workplace injury, reduce costs,” Feb. 25, 2014