Workers Comp for Slip and Fall Accidents

If an employee falls down the stairs at work and sustains an injury, is the employee eligible for workers' compensation benefits?

Missouri law mandates all employers to provide compensation to employees who get injured at work. This compensation covers lost wages and medical expenses.  However, some injuries suffered at work may not be covered by workers' compensation. Compensation is only given when the injury resulted from the work carried out by the employee. In some cases, it may become extremely difficult to decide whether or not the injury is compensable under Kansas City workers' compensation. What if a worker fell down the stairs at work and was injured? In this post, our Kansas City workers' compensation lawyer will answer this question.
All information associated with the injury needs to be evaluated to determine if the injury is related to the work of the employee. There are instances when it is clear that the injury is work-related, particularly if an employee is injured while using equipment needed for the job.
However, injuries suffered while using the stairs may not be easy to determine since using a staircase is an act that may not be related directly to the work of the employee. These cases are normally decided based on the element of risk.

Increased Risk Level

Kansas City workers' compensation law takes into account the increased level of risk posed by the job of the employee. If the job increases the risk of injury while using the stairs, employees may receive compensation for their injuries. This is particularly true for nurses, who may need to rush up or down the stairs to attend to their patients.
However, using the stairs without any increased risk for injuries may not be compensable under workers’ compensation law. There are instances when an employee has no idea how the injury happened since the injury simply followed an inexplicable fall. The facts may also indicate that the employee was healthy and not in a rush while using the stairs. Since there was no increased risk in using the stairs, the injury may not be covered by workers' compensation.

Factors Affecting Increase in Risk Level

In the last example of the staircase injury, it is important to have a complete picture of the tasks that the employee performs to see if there was actually an increased level of risk. If the knee of the employee suddenly popped while going down the stairs, it may not merit compensation. However, if the employee is required to use the stairs at least twenty times every day, which is more than what is required for an ordinary person, it can be used as the basis for a worker’s compensation claim as the work responsibilities of the employee increased the risk for injury.

It is essential for employees to carefully remember and note down all the details pertaining to the injury suffered at work. It may be possible that the floor was wet or the supervisor called for an emergency meeting and the employee had to move fast. The employee may have carried something unstable that caused the fall. Such details are important as they may serve as the deciding factor in a workers’ compensation claim.

It would be a good idea to consult an experienced Kansas City workers' compensation lawyer. Call The Law Office of James M. Hoffmann at (816) 256-4300 for a free consultation.

Kansas City Missouri Workers’ Compensation Benefits

Most employees who are involved in an accident while working are entitled to financial compensation for any injuries they suffered.

Workers’ compensation provides employees with remuneration for temporary and permanent disabilities along with health-related expenses. If you are injured on the job, it is important to report your injury to your employer or supervisor as soon as possible. If you believe you have a valid workers' compensation claim, it is best to speak with a Work Comp Attorney to ensure that your claim is protected.

Kinds of Workers’ Compensation Benefits

Several kinds of benefits are available for employees injured while at work without taking into consideration who caused the accident that resulted to the injury. However, the state will determine the kind of benefit an employee should receive.

Normally, compensation is given to injured employees for:

• Limited permanent physical disability

• Complete physical disability

• Health-related expenses

• Temporary physical disability while being incapable of working

The remuneration is normally a part of the previous actual income for temporary physical disability.

Kinds of Injuries Included Under Workers’ Compensation

Four main types of injuries allow employees to receive workers’ compensation. These types of injuries include the following:

• Work-related illnesses
• Psychological Illnesses
• Traumatic Physical Injury
• Recurring trauma Injury

The most common kind of injury that can lead to a workers’ compensation claim is traumatic physical injury. A single accident will result to this type of injury.

The second most common kind of injury that can lead to a workers’ compensation claim is repetitive physical injury. This type of injury normally develops after a particular time period. For instance, repetitive actions of an employee while in an assembly line for a number of hours every day, the hands, arms, elbows and shoulders of the employee can be damaged due to continuous physical strain.

Psychological damage may be eligible for a workers’ compensation claim if it is linked to physical injuries. Emotional trauma may result from physical injuries, like when a limb is unexpectedly severed. The psychological anxiety is aggravated from the monetary effects due to the physical injury, like health-related expenses and loss of income since the employee cannot work.

Psychological injuries can be claimed if the employee witnesses an incident at the workplace that can result to psychological anxiety, like a traumatic physical injury experienced by a colleague. A valid workers’ compensation claim can be filed in some states for unwarranted anxieties while working.

Some states allow employees to claim remuneration for work-related illness for some types of jobs. It will be necessary to provide evidence that the disease resulted from working and is not the result of ordinary life situations in order to receive remuneration for this workers’ compensation claim.

Receiving Workers’ Compensation Benefits

A claim should be filed by the employee with the employer to receive workers' compensation benefits. The claim should be filed as soon as possible since there is a limitation to the period of time for a claim to be filed. The state will determine the period of time a claim can be filed.

The insurance company will be notified by the employer. If the liability is accepted by both the employer and insurance company, the claim will be prepared and the employee will receive the benefits.

However, if the claim is denied by the employer and insurance company, the claim can be submitted by the employee to the appropriate agency of the state. The state will determine the time period when the claim can be submitted. The employee can also take into consideration getting the services of a competent KansasCity Missouri workers compensation lawyer if the original claim is denied.

Contact our Kansas City Law Office at (816) 256-4300 to speak with a qualified workers' compensation attorney with over 20 years of experience.

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Workers' Compensation Tips for Employers

Workers' compensation policies are often thought of as favorable to employees. The truth however is that a proper workers' compensation policy benefits the employer as well. 

Here are some tips for employers regarding the workers compensation system and the claims process. These tips will be helpful to all employers who have workers compensation insurance:

• As soon as a worker reports injury, you should immediately get his medical treatment started.
•  Submit a claim to the insurance company without any delay. 
• Once an adjuster has been assigned to the case, as an employer, you should make constant follow-ups on the issue to ensure things flow smoothly.
• Conduct in-house investigations regarding the matter. This involves gathering basic information such as accounts of the event from various employees. This helps get unbiased information on the incident. Rather than playing the blame game, you should focus on determining any flaws that might have caused the incident. Identification of such flaws will help set up necessary precautionary measures to avert such dangers in the future. 
• OSHA and other relevant government authorities may come into action when a life-threatening injury or death occurs at a workplace. These organizations are very serious when it comes to workplace safety. They conduct independent investigations and where the employer is found to have made violations he/she faces serious fines. 
• Outlining claim policies beforehand gives employers an upper hand. As soon as you have a plan laid out, you will have nothing to worry about when disaster strikes. You will have a procedure in place that is to be followed in case of an accident or injury. 
•  If you have an experience rated policy, claims typically have a three-year effect on your premium. To have your experience modification rate verified every year, you should seek the services of independent workers compensation experts.
• Having a back to work program laid out helps employers get their employees back to work swiftly without facing any additional issues. 
• A realistic and working safety program is fundamental towards achieving high safety standards. Employees should be actively involved in this to get the best out of it, because they are the ones who know the workplace better.

Any worker that gets injured or falls ill at the workplace is entitled to benefits under workers' compensation. However, this does not always work out simply for all employees. At times, some employees may feel as if they are not being treated in a fair manner. It is therefore advised to seek the assistance of an attorney.

If you have been injured on the in Missouri, contact a Kansas City Workers' Compensation Lawyer at the Law Office of James M. Hoffmann. We can evaluate your claim for free and begin working to get you compensated. Call (816) 256-4300 to schedule a free consultation.

photo credit: Mauigirl 2011 via Flickr