Can I Sue My Employer if I Get Injured at Work in Kansas?

Work injuries are common in Kansas, with some workers experiencing catastrophic, life-changing injuries and consequences. Fortunately, workers’ comp is available in many cases. But many workers wonder, “Can I sue my employer if I get injured at work in Kansas?” The answer depends on many factors.

Have you been injured while at work? If so, contact Palmer Law Group for effective representation in your pursuit of compensation. Call (785) 233-1836 for a free consultation today.

Work Injury Compensation in Kansas

Work injuries in Kansas are most often handled by workers’ compensation. According to workers’ comp rules, employees are barred from suing their bosses in most cases. Instead, they must seek compensation exclusively from workers’ comp unless a valid third-party claim would also be appropriate. There are instances where it is perfectly permissible to sue your employer.

Workers’ Compensation

Workers’ compensation is a no-fault type of insurance meant to provide injured workers with relatively fast benefits payouts without requiring them to prove fault. It only pays limited economic damages, including medical expenses, limited lost wages, and limited accident-related expenses. Workers’ comp also provides limited disability and vocational benefits, as well as death benefits in the event of a fatality.

Third-Party Lawsuit

Injured workers may also potentially have a claim for damages against a third party. Third parties are parties who are not employers or employees at the claimant’s workplace. For example, a delivery person taking sandwiches to a worksite would be a third party.

When third parties cause injuries to workers, workers are permitted to sue them directly as well as file a workers’ compensation claim. The benefit of suing a third party lies in the full damages available in contrast to the limited damages available in workers’ comp claims.

Full damages for injury claims include:

• Medical and hospital care
• Full lost-wage replacement
• Accident-related expenses and costs
• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Wrongful death.

Third parties may also be held to pay punitive damages for willful or reckless actions causing workplace injuries.

Can I Sue My Employer if I Get Injured at Work in Kansas?

Injured employees are forbidden from suing their employers under most circumstances. However, there are limited situations where an employee is fully authorized to bring a personal injury lawsuit against their employer.

Dual Capacity

Dual capacity is when employers operate under two roles in relation to an employee. Because of their dual capacity, they may be held liable for their actions in non-employer roles.

For example, an employer with workers’ comp insurance cannot be sued for negligent accidents. However, if the employer also sells defective protective equipment or tools to its employees, the employer can be sued as a product maker.

Willful Employer Actions or Endorsements

Workers’ comp benefits are available only for acts of on-the-job negligence. As long as an employer’s action or behavior is only negligent, workers’ comp provisions will apply. However, if an employer willfully causes an employee injury, the employer may be sued directly for full damages.

Employers may also be sued if they sanction or endorse willful, injurious behavior. For example, an employer can be sued if they back the injury-causing actions of managers or other employees.

No Workers’ Compensation Insurance

Most companies with employees in Kansas must carry workers’ compensation insurance. Having proper coverage not only provides employees with coverage for their injuries but also shields employers from employee lawsuits for damages. However, if an employer fails to carry workers’ comp, injured employees can sue the employer for work injuries.

Other exceptions that allow injured workers to sue employers may apply. Victims injured at work should meet with an attorney to determine whether they have more than simply a workers’ compensation claim. If you have been injured on the job, you should not expect anyone to step forward with the compensation you are owed. Getting maximum compensation requires compelling others to pay, a task best suited for an attorney.

Common Work Injuries and Their Consequences

Virtually every type of injury imaginable can occur at a work site. The varied nature of the labor force in Kansas backs this assertion up. However, certain types of work injuries tend to occur more often than others, such as:

• Neck and back injuries
• Spinal cord injuries
• Traumatic brain injuries
• Burns
• Broken and fractured bones
• Lacerations and abrasions.

Unfortunately, workers sometimes die as a result of these injuries. Although workers’ comp death benefits help, they do not go as far as a lawsuit against an employer. However, if an injured worker doesn’t realize that they can sue their employer, they lose out on significant compensation. This potential loss makes speaking to an experienced work injury lawyer crucial to any worker’s efforts at recovering maximum compensation.

Ultimately, these injuries lead to time off work, strained home lives, and negative impacts on personal relationships. Isolation and immobility can eventually destroy a person’s finances and relationships. Fortunately, many injured workers can find some semblance of relief in a personal injury lawsuit.

What to Do After Being Injured at Work

If you have been injured at work, you must look after your safety and your compensation claim. Although work injury situations vary wildly from case to case, victims in every case should take at least the following steps after a work injury:

• Get medical care
• Report the injury to the employer
• Gather evidence, such as photo and video footage
• Get witness contact information
• Continue following the doctor’s orders
• Meet with a work injury lawyer.

Once you meet with a lawyer, you will have a better idea of whether you can sue your employer and the benefits and damages you may be owed.

Why You Need a Work Injury Lawyer to Represent You

A work injury lawyer will clear up any confusion you have regarding your case, and that brings you peace of mind. Your attorney will also give you a good idea of how the case will unfold and the possible settlement amount you might recover.

More specifically, your attorney will:

• Thoroughly investigate the work accident to determine the cause and liability
• Consult with appropriate industry experts to determine the cause of the accident
• Meticulously and precisely calculate your damages
• Aggressively represent you before insurance companies
• Represent you at trial if necessary.

Whether you are suing your boss or seeking to collect workers’ compensation, you deserve access to every available dollar in compensation for your injuries.

Work Injuries and Compensation Deadlines

Kansas gives injured workers valuable compensation rights through workers’ comp claims and personal injury lawsuits. However, both are subject to strict deadlines.

In Kansas, the deadline for filing a workers’ comp claim is two years, with the clock beginning on the date of the injury or the date when a worker discovers a work-related condition. If you have a valid personal injury claim against your boss or a third party, you also have three years.

Keep in mind that filing your workers’ comp claim does not satisfy the employer notification requirement. Injured workers in Kansas must notify their employer of their injury within 20 days of their injury.

Speak With a Work Injury Lawyer Today

Although workers’ comp in Kansas and most other states is the exclusive remedy for most work injuries, employers can be held liable for work injuries in certain cases. Many injured workers are unaware of this possibility and leave much compensation behind when seeking damages and benefits. At Palmer Law Group, we make sure you get the money you are entitled to.

If you’ve been injured at work, you deserve the maximum compensation available. Let Palmer Law Group fight for every penny you deserve. Call (785) 233-1836 for a free consultation with a work injury lawyer today.