Industrial Injury Attorneys
Serving Kansas City, Independence, Blue Springs & Lee’s Summit
Industrial workers in Missouri and Kansas face many on-the-job hazards, including dangerous conditions, defective equipment and human error. An accident at a manufacturing facility or industrial environment can cause serious injuries or death.
Fortunately, industrial workers and their families are protected under Kansas and Missouri law. Workers’ compensation benefits typically are available. A worker may also be able to seek compensation through a personal injury lawsuit, or a third-party claim.
The Horn Law Firm, P.C., offers free consultations in cases involving industrial accidents. Our attorneys can answer important questions such as:
Does My Industrial Accident Make Me Eligible for Benefits?
You are eligible for benefits under any circumstances where an industrial accident on-the-job causes you to get hurt. Circumstances include:
- Falls from ladders, scaffolding and roofs
- Falls in holes without guarding or barricades
- Fires and explosions
- Exposure to harmful substances such as environmental toxins
- Falling objects
- Dangerous or unguarded equipment
When any accident occurs while performing work duties, you are eligible for workers’ compensation benefits. If your injury was caused by the negligence or wrongdoing of any non-employer, you may also file a lawsuit with the help of an industrial and plant accident lawyer in Missouri or Kansas.
How Do Industrial Accidents Happen and What Should I Do When They Occur?
Industrial accidents have many potential causes, including:
- Violations of safety procedures, policies or protocols
- Human error
- Faulty electrical wiring
- Poorly maintained pipelines
- Improper handling of flammable, combustible or toxic materials.
If a work accident occurs, it should be reported to your employer immediately. For instance, workers in Missouri who fail to report their injury within 30 days could jeopardize their right to a workers’ compensation claim. Workers in Kansas have less time and must report injuries:
- Within 20 days from the date of an accident or injury involving repetitive trauma
- Within 20 days of seeking medical treatment for a work-related injury
- Within 10 days of your last day of working for an employer from whom benefits are being sought.
Once the injury is reported, employers must act. If an employer delays, there are financial and legal penalties. Your employer’s workers compensation insurer also must review claims and begin payment in a timely manner. If your claim is denied or no payments and benefits are forthcoming, speak with an attorney right away for help.
When filing an injury lawsuit against a non-employer, you also must act quickly. You have five years to make a personal injury claim in Missouri and just three years to file a wrongful death suit in Missouri or two years to file a personal injury/wrongful death lawsuit in Kansas.
What Evidence Will I Need for Compensation/Benefits After an Industrial Accident?
To make a workers’ compensation claim, you must show that an injury happened at work. An accident report and witness statements from co-workers should be sufficient to recover benefits. You will also need proof of the extent of your injuries and severity of your impairment to receive ongoing disability benefits.
In a lawsuit arising from an industrial or plant accident, you generally must show:
- The non-employer owed you a duty
- The duty was breached
- The breach was a direct cause of your injuries
- You suffered harm as a result.
You will need input from experts, including specialists in industrial accidents, chemical exposure and workplace safety regulations. You will also need proof of the severity of your injury and estimates of future treatment costs from skilled medical experts.
Because the attorneys at the Horn Law Firm have represented many clients throughout Missouri and Kansas after industrial and plant accidents, we can assist with independent investigations. We also can turn to a solid network of experts for assistance.
What Types of Compensation Can I Receive?
Workers’ compensation benefits in Kansas and Missouri include payment of medical bills and costs, temporary/permanent partial or total disability benefits or survivor’s benefits if the worker is killed.
Compensation in a personal injury lawsuit includes payment of medical bills and costs, lost income, pain and suffering, emotional distress and wrongful death.
An industrial accident can result in a lifetime of lost wages if the injury renders you permanently unable to work. The extent of your losses should be carefully documented and estimates of future costs and losses provided by experts.
At the Horn Law Firm, P.C., we have the experience and network of experts you need. We assist clients in workers’ compensation claims and third-party lawsuits. We will aggressively advocate on your behalf. Simply contact us today to learn more.
For More Information
- Incidence Rates of Nonfatal Occupational Injuries and Illnesses by Industry and Case Types, 2011, Kansas, Bureau of Labor Statistics
- Kansas Workplace Fatalities, 2011, Bureau of Labor Statistics
- Incidence Rates of Nonfatal Occupational Injuries and Illnesses by Industry and Case Types, 2011, Missouri, Bureau of Labor Statistics
- Injury and Illness Prevention Programs, Occupational Safety and Health Administration
- Inspections, Missouri, 2012, Occupational Safety and Health Administration
- Report Your Injury, Missouri Department of Labor and Industrial Relations
- Workers’ Compensation Rights and Responsibilities, Kansas Department of Labor>