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Industrial machines power our world, but they can also cause catastrophic injuries in industrial accidents. The workers who use and maintain these machines are particularly at risk for injury in industrial accidents. From fires and explosions to electrical shocks and getting caught in machinery, industrial accidents can wreak physical, emotional, and financial havoc on injured workers and their families. If you find yourself in this situation, how do you recover the money you need to rebuild your life and pay your bills?
Need the help of an industrial accident lawyer in Kansas City? The team with Holland Injury Law will gladly take on your case. For more than 30 years, our skilled and experienced attorneys have served our community with pride and distinction. Moreover, we have recovered more than $300 Million in compensation for our clients, demonstrating our prowess in and out of the courtroom. Call 816-575-6087 or complete our contact form for a free consultation with a Kansas City workplace injury attorney.
Industrial accidents frequently cause devastating injuries and may leave workers with permanent impairments or disabilities.
The term “industrial accident” is somewhat misleading because, in many instances, the incident was avoidable.
Except in rare cases, workers in Missouri cannot sue their employer for job-related injuries. Instead, the workers’ compensation system provides no-fault benefits to employees who sustain injuries on the job.
If a third party caused the accident or shares the blame for it, injured workers can sue the liable party with the help of a Kansas City personal injury lawyer. A third-party injury claim allows injured employees to demand money for losses that workers’ compensation doesn’t cover.
Injured workers must prove fault in a third-party injury claim, whereas they don’t in a workers’ compensation claim.
An industrial accident might include two separate components. The first component is a workers’ compensation claim. Workers’ compensation covers all reasonable, medically necessary treatments an injured worker needs to recover. These benefits last until the injured worker fully heals or reaches a point where more treatment will not meaningfully improve their recovery.
Workers’ compensation also provides wage-replacement benefits when injured workers must take time off work to heal. According to the Missouri Department of Labor, wage-replacement benefits are set at two-thirds of the injured worker’s average weekly wages before their injury.
Finally, workers’ compensation covers vocational rehabilitation services for an injured worker and provides additional benefits in cases of long-term or permanent disability. An attorney can offer additional information on the value of a workers’ compensation claim.
The second component of an industrial accident claim is a third-party claim against someone other than the injured worker’s employer.
There are two distinct deadlines to remember in an industrial accident claim. First is the deadline to report any injuries to your employer. The state government says you must do this within 30 days to preserve your workers’ compensation benefits.
The other critical deadline is when you must file a personal injury lawsuit against a third party. According to Missouri law, you must file a personal injury lawsuit within five years of the date when you sustained your injury. If you file your case after this deadline, the courts will automatically dismiss your case, potentially leaving you without compensation.
These tight deadlines and the consequences for missing them are why it’s so important that you speak with an industrial injury attorney in Kansas City as soon as possible.
A personal injury attorney plays a crucial role in guiding you through the complexities of workers’ comp and personal injury claims. First, our lawyers will provide you with knowledgeable advice on your legal rights and options. Our experienced legal team will conduct a Kansas City industrial accident investigation, taking the time to meticulously review and gather evidence related to the accident, including incident reports, medical records, and witness statements.
Your Kansas City industrial accident attorney can also negotiate with insurance companies on your behalf. Dealing with insurers can be challenging; they often employ tactics to minimize payouts. But we know these tactics well and will work to secure fair compensation for you. This includes accurately assessing the full extent of your damages – from medical expenses and lost wages to the potential long-term effects of your injuries – to ensure your compensation reflects the true extent of your losses and suffering.
If settlement negotiations don’t result in a satisfactory outcome, your Kansas City workplace injury lawyer can represent you in court. Our experience litigating such cases gives you a strong voice in legal proceedings. We can also help you navigate the complexities of legal deadlines and procedural requirements, making sure all necessary steps are taken within the permitted time frames.
Don’t wait to protect your rights and take steps to recover the money you need after an industrial accident. Call Holland Injury Law today or reach out online for a complimentary case review with an industrial accident attorney in Kansas City.
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