What to do when involved in an on-the-job injury

Kansas residents are no stranger to hard work. However, there are some work environments, such as industrial plants that may place workers at a higher risk for on-the-job injuries than others.

Recently, a pipeline worker was injured in an industrial accident. The man had to be flown be a medical helicopter to a nearby hospital. There is no word yet on the cause of the injury or the status of the injured worker.

While the extent of the worker’s injuries are not yet known, one thing for certain is that he will have medical bills and expenses. Fortunately, employers in every state, including Kansas must carry some type of worker’s compensation insurance. Worker’s compensation is a system in which employers compensate their injured workers by providing benefits, such as medical expenses, lost wages, costs of training, as well as benefits to survivors of a deceased employee who was killed on the job.

Worker’s compensation benefits can vary state to state and profession to profession. However, most workers that are injured on the job can receive compensation for injuries associated with physical accidents, as in the above mentioned case. Workers can also receive benefits for injuries associated with mental and emotional health due to job-related stress. Workers can also receive benefits for pre-existing conditions that were made worse due to their job-related duties. There are certain injuries that may not be covered under worker’s compensation, including injuries sustained while performing a personal errand (even if during work hours) and injuries sustained while traveling to and from work.

Kansas residents who have been injured on the job need to make sure their rights are protected. Employers may try to find ways to get around paying worker’s compensation benefits. Experienced legal professionals specializing in worker’s comp benefits are available to assess one’s case and make sure they receive all the compensation to which they are entitled.

Source: 12 News Cincinnati, “Pipeline Worker Injured In Industrial Accident“, August 20, 2013

Worker dies in crane accident at construction site

Kansas residents know that there is always the chance of suffering an injury when on the job. However, when one works in the construction industry, the nature of the work puts the employee at a greater risk for injuries and even death than other professions.

Recently, a construction worker lost his life during a tragic construction accident. Two construction workers were working on a power line project when the crane accident occurred. In order to complete the project, the two men had to be lowered by a crane into a 50-foot hole. As the crane was lowering them, a strap broke, causing the men to fall 20 to 30 feet.

Sadly, one of the workers lost his life due to head injuries sustained from the impact of the fall. The other construction worker suffered only minor injuries. The local sheriff’s department, as well as the Occupational Safety and Health Administration, is investigating the accident.

If an individual loses his life or suffers injuries while on the job, the injured employee or the loved ones of the decedent may be eligible for workers’ compensation benefits. Workers’ compensation insurance is mandated by the government at the state level for certain groups of employers in every state. The benefits may include payment for medical treatment and compensation for employees who suffer permanent injury as a result of their workplace accidents. In addition, an injured employee may be able to receive payment for lost wages and the cost of any future training that he or she may require, if the injury necessitates a move to a different position within the company.

Kansas residents who have been injured on the job should make sure their rights are protected. Suffering an injury can be a very traumatic experience, so it is key that the responsible parties are brought to justice and that the victim receives all the compensation to which he or she is entitled.

Source: News 9 Oklahoma, “Oklahoma Man Killed In Minnesota Construction Accident“,

OHSA cites company for multiple safety violations

Residents in Johnson City, Kansas, are no stranger to hard work. Whether one has a job with multiple occupational hazards, or one works behind a desk, employees are entitled to a safe work environment.

Recently, a metal finishing company has gotten itself into hot water with the U.S. Department of Labor’s Occupational Safety and Health Administration. OHSA inspected the work place after workers had complained that they were not evacuated when there was a gas leak on the premises. OHSA found 14 safety violations being committed by the company, including failure to train its employees on proper use of industrial equipment, inadequate labeling of hazardous material and failure to perform medical evaluations on its employees for proper respirator use.

The company faces penalties over $46,000. The company can choose to contest the violations found by the OHSA inspectors, or if it does not contest the findings, the company must fix the violations in the time frame given by OHSA and pay the penalties assessed.

Fortunately, no employee was harmed as a result of the multiple violations found in their work place. Not all individuals are so lucky. When an employee is hurt on the job, they are entitled to workers’ compensation benefits. Worker’s compensation benefits are mandated by every state. They require employers to make payments to employees who suffer injuries connected to their work.

Employers often carry worker’s compensation insurance to provide for injured employees. This insurance covers the employee’s medical expenses, lost wages, additional compensation for injuries that will not heal, as well as compensation to the loved ones of employees who are killed while on the job. Not all injuries are covered under workers’ compensation insurance. It is crucial that any individual who has been injured in the work place ensure that their rights are protected and seek the appropriate assistance in pursuit of justice.

Source: OSHA.gov, “Badger Metal Finishing cited by US Labor Department’s OSHA for 14 violations, including failing to evacuate workers during a natural gas leak,” August 12, 2013

Kansas rail yard accident leaves worker, family unsure of future

Many seriously injured workers in Kansas might be able to relate with the struggle of a man from a small town near Wichita. His sister described him as an active, “innovation type of guy.” In other words, he isn’t accustomed to sitting still. He owned a bakery for a decade and even operated a theater for a stint.

Then he started working for Burlington Northern Santa Fe Railway, and one night on the rail yard changed everything.

In early July, shortly after 2 a.m., the man fell beneath a train car as he helped other workers get a train ready for departure. The car’s wheels pinned the upper part of his legs against the tracks. For 45 minutes, he remained there in extreme pain and conscious, until workers were finally able to lift the car and get him out.

The work accident has kept him in the hospital ever since, and he and his family aren’t sure of what the future holds.

The community in Wellington, where the man has been an active church member and president of the chamber of commerce, has rallied around him. A special fund was set up at a local bank, and community members organized a bake sale and benefit dinner.

These are all commendable efforts in an injured man’s time of need. His rehabilitation may be long and difficult, and his family has likely considered their options for obtaining workers’ compensation to cover the cost of future medical treatment.

Calculating such costs can be a daunting task, and seriously injured employees would be wise to take the proper legal steps to ensure that the compensation is sufficient to the demands of the injury.

Source: The Wichita Eagle, “Town of Wellington to raise money for railroad worker hurt in accident,” Raymond Howze, Aug. 2, 2013

Car hits and kills landscape worker in Wichita

A recent accident in Wichita took the life of a landscape worker. The 47-year-old was reportedly hit by a car as he worked alongside the road. A police officer indicated that the vehicle, driven by a 20-year-old, was not fully on the road when the collision happened. The car also hit a fire hydrant that flooded the street with water.

A woman who arrived at the scene happened to be a medical assistant, and she and another woman tried to help the man by performing CPR. Unfortunately, by the time emergency responders arrived, the victim had already passed away. The accident was still under investigation at the time of a July 29 report in The Wichita Eagle.

The police officer who commented on the accident warned pedestrians and drivers alike about roadside dangers, but it would certainly appear, if the driver’s car hopped the curb, that the worker was simply doing his job when he was struck.

In a case in which a work-related accident leads to the death of a worker, workers’ compensation benefits may be available to the family of the deceased. However, if a worker was injured or killed by the negligence of a third party, a personal injury or wrongful death claim may be a better course of legal action. In the event that faulty work equipment caused a worker’s injuries, a product liability lawsuit may be necessary for the injured party to receive compensation for damages.

In our Leawood and Topeka law practice, we help individuals and families understand their legal rights under our state’s workers’ compensation and personal injury laws. To learn more, please visit our workers’ compensation site.

Source: The Wichita Eagle, “Landscape worker killed when car leaves road, hits him in southwest Wichita,” Raymond Howze, July 29, 2013

Kansas ties for 4th among states most dangerous for workers

A recent Allsup study offers some interesting food for thought. For example, based on data gathered from 2011, Kansas came in fourth, tying with six other states, for being the most dangerous for workers.

Data was not available for 9 of the 50 states, but the study did find that, per 100 employees, Kansas had a rate of 0.9 workers who suffered injuries or illnesses that required either a job transfer or a restriction of job duties. To put those numbers in perspective, consider that the national average is 0.7 for such injuries per 100 workers.

Perhaps the most interesting aspect of the study is that workers with the same types of jobs — oil rigging, auto manufacturing and farming, for instance — were shown to be more likely to get injured in certain states than in others. So how can this be explained?

One reason may simply be environment. For example, a truck driver may be less likely to suffer work-related injuries on the flat and straight highways of Kansas than a truck driver on the curvy and mountainous roads of Virginia.

That isn’t to say that transport industry workers in Kansas don’t suffer their fair share of work-related injuries, but environment may be one reason as to why there is so much variance in injury rates within the same types of work.

Another reason for the disparity may have to do with how different states report work-related injuries.

In any case, Kansas workers who have been injured on the job should be aware of the appropriate course of legal action for filing a workers’ compensation claim. Compensation is not automatic after a work-related injury, and employees may encounter major obstacles in receiving the benefits they need and deserve.

Our Kansas City work accident site is a good resource for learning more about workers’ compensation in our state.

Source: business.time.com, “The Most Dangerous States To Work In America — And The Most Dangerous Jobs To Have In Them,” Gary Belsky, July 23, 2013

Man and woman injured in work-related fireworks accident

Unfortunately, a recent Independence Day celebration in Jefferson County left two workers with burn injuries after fireworks in an uncovered tote accidentally ignited. The workers’ injuries were not thought to be life-threatening, but anyone who has experienced one knows that burn injuries can be some of the most painful.

The accident happened at the annual public fireworks display in Valley Falls. One of the workers, a Valley Falls resident, reportedly had severe arm burns. He was transported to a Topeka hospital for treatment. An Ozawkie woman was the other injured employee, and in addition to burn injuries, she was hit with a fragment of PVC pipe that embedded in her arm.

Investigators believe fireworks in an uncovered container detonated. That fire spread to a large store of fireworks in two separate containers. The exact cause of the accident was still under investigation at the time of a local report, and the injured workers may want to explore their compensation options under Kansas law.

Both individuals were initially taken to a local hospital, but the woman had to be transported from there to Kansas University Hospital. At first the wound on her arm was thought to be a broken bone but was later confirmed to be broken pipe.

Handling fireworks is one of those types of work that carry certain risks, but employees still have the right to a reasonably safe work environment. Workers’ compensation is available to injured employees across the spectrum, and anyone who has been injured in a work-related accident should be aware of the legal options for covering medical bills, lost wages and other damages arising out of the course of employment.

Source: Lawrence Journal-World, “Two workers injured in Valley Falls fireworks accident,” Ian Cummings, July 5, 2013

Kansas rig accident takes worker’s life, injures another

This blog is meant to shed light on some of the issues and obstacles Kansas workers and their families have to confront after a work-related accident. Injuries arising out of employment can lead to a workers’ compensation claim, but sometimes insurance companies and employers go to great lengths to reduce or deny compensation payments when injured workers need them most. In other cases, a party who isn’t your co-worker or employer may be responsible for the accident, or maybe a defective product caused an injury.

These issues may have to be considered in the investigation of a tragic drilling-site accident that took the life of one worker and sent another to a Wichita hospital.

According to the sheriff’s department in Trego County, a rig worker was severely injured when he was struck by a falling derrick basket. His injuries were so severe that he died at the scene.

The worker who was in the basket when it fell was also hurt, though the nature of his injuries was not reported. He had to be airlifted to a hospital for treatment.

As is routine after a fatal workplace accident, investigators from the Occupational Safety and Heath Administration were called to the scene. An OSHA spokesperson indicated that D & S Casing, based in Kansas, was involved in the investigation, but a news report does not clarify which company or companies may have employed the workers.

It is known, however, that the Oklahoma company Horizontal Well Drillers is in charge of maintaining the rig.

The man who survived the accident and the family of the man who died may be entitled to compensation in one form or another.

If Kansas residents would like to learn more about what to do after a work-related injury or death, our Kansas City work accident pages are there to help.

Source: Upstream, “One worker was killed and another injured at a drilling site in Trego County, north-west Kansas, according to reports,” Luke Johnson, June 27, 2013