Tag Archives: lost wages

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

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

Report shows decrease in workplace injuries, increase in severity

According to a recent report, the rate in which non-fatal work injuries and illnesses occur across the U.S. has declined. The severity of these injuries, however, has increased.

In 2011, 117 cases per 10,000 full-time workers had to stay home from work as a result of a workplace injury or illness. This number decreased in 2012, as only 112 cases per 10,000 spent days away from work. Though this shows a decrease in the amount of serious workplace injuries — serious, in this case, defined as an injury that requires days away from work — other numbers show an increase in the severity of these injuries.

In the report, severity is measured by the average days a worker is required to spend away from work. The severity of injuries appears to be trending upwards, as a median of eight days was reported in 2011, while that number increased to nine in 2012.

Severe workplace injuries can have devastating effects for an employee. They may require days — if not weeks, months or years — away for work, which oftentimes results in lost wages. Lost wages can have an enormous impact on the injured worker’s pocketbook, making it difficult to cover necessary expenses and the medical costs associated with workplace injuries.

Thankfully, employees injured as the result of a workplace accident have a chance to receive help covering medical costs and lost wages. Workers’ compensation allows workers in such situations to apply for compensation. This compensation provides workers with an exclusive remedy — but first, these employees must file a claim and follow guidelines which determine eligibility.

Source: Tire Business, “U.S. workplace injury rate declines but severity up,” Nov. 27, 2013

Kansas FedEx worker injured on the job, dies in hospital

A workplace accident can happen to anyone at any time. Even in the most unlikely scenarios, an unexpected fall or roof collapse can take someone by surprise and result in injuries — or, in the worst case scenario, rob a worker of their life.

A worker died recently in suburban Kansas. The man, a 62-year-old FedEx employee, was taken to a hospital after being pinned between a dock and a trailer. A trailer was pulling out of the FedEx lot when the man slipped under it. He died while being treated for his injuries. The accident is under investigation and the cause was not immediately known.

When a worker is killed or injured on the job, there can be many complications for both the victim and the victim’s family and loved ones. Of course, every accident — whether it results in mere cuts and bruises or a fatality — has the potential to be traumatic, and there is often lasting emotional pain and suffering.

But then there is the pain and suffering that can be costly in a more literal sense. In many cases, contracting an illness or suffering an injury at work will result in lost wages — something family members and victims often cannot afford. What’s more, victims and their families are often left with hefty medical expenses from hospitalization and the long-term treatments these injuries and illnesses can require.

Thankfully, there is a way for victims involved in such accidents and their families to claim benefits from their employers. Even when the employer is not at fault, workers may be eligible for workers’ compensation benefits that offer employees the chance to receive an exclusive remedy to help ease the pain and suffering caused by the accident.

Source: The Kansas City Star, “FedEx worker dies after being pinned between dock and truck in Shawnee,” Nov. 20, 2013

Highway worker injured by drunk driver

Kansas residents know that certain occupations can pose a higher risk of injuries than others. However, nearly all employers are required to carry workers’ compensation insurance so that any worker who is injured while on the job has an opportunity to receive financial compensation for their injuries. Certain occupations pose a higher risk of injuries than others. Many Kansas drivers have probably seen signs posted in construction zones warning drivers to slow down and use caution. These signs help protect the safety of the construction workers working on the road.

Even in non-construction areas, accidents on highways and roadways are a common occurrence. Drivers cause accidents all the time due to a variety of circumstances. Sometimes drivers are impaired, other times individuals are just not paying attention. Car accidents always have the potential to cause injury or damage but the risk for injury is greatly heightened when the accident involved a highway construction worker.

Recently, a worker in Indiana was working in a construction zone on the highway when he was struck by a man in a pick-up truck. The driver of the truck ran through two orange barrels that were in place to alert drivers to construction on the highway. The truck traveled over 1,500 feet in the closed lane before rear-ending a truck that belonged to employees of an asphalt company that was hired to do the work on the road.

One of the workers was transported to a local hospital and was treated for rib and internal injuries. The driver of the truck was found to have a blood-alcohol level of 0.54 percent, which is well over the legal limit. He faces multiple criminal charges related to the accident.

In addition to civil charges that may be pursued against this type of negligent driver, an injured worker may also be eligible to receive workers’ compensation benefits from his employer from injuries sustained during the course of employment. This compensation can help with medical bills, lost wages, as well as any necessary rehabilitation that is required due to the injuries suffered. Experienced worker’s compensation legal professionals can assist Kansas residents who have been injured while working on the job and ensure that they receive all the compensation to which they are entitled.

Source: The Tribune Star, “Workers injured by impaired driver,” Clarence Williams, Oct. 11, 2013

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

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