Walner Law - Attorneys

Kansas City Workplace Accident Lawyer

Your career path was clear. You knew the route, the destination, and the work it took to get there. But a sudden workplace injury can feel like a roadblock you never saw coming, leaving you stranded and unsure of which way to turn. The path forward is suddenly obscured by complicated insurance claims, medical jargon, and legal deadlines. You shouldn’t have to find your way through this alone.

A trusted Kansas City workplace accident lawyer can act as your guide, clearing the obstacles and charting a course toward the financial stability and peace of mind you need to get back on track.

At Walner Law, we understand the stress and confusion you’re experiencing. For more than 60 years, our family-run firm has stood beside injured workers, helping them hold the responsible parties accountable. We are proud to bring our legacy of determined advocacy to the hardworking people of Kansas City.

Table of Contents

Key Takeaways about Kansas City Workplace Accident Claims

  • A person injured at work in Missouri may have rights under both the workers’ compensation system and personal injury law.
  • Workers’ compensation generally covers medical bills and a portion of lost wages but does not provide compensation for pain and suffering.
  • A personal injury claim may be possible if a third party (someone other than an employer or co-worker) was negligent and caused the injury.
  • Common third parties in workplace accident claims include manufacturers of faulty equipment, negligent drivers, or property owners who are not the direct employer.
  • There are strict deadlines, known as statutes of limitations, for filing both workers’ compensation claims and personal injury lawsuits in Missouri.
  • Consulting with a legal professional can help an injured worker understand all available options for recovering compensation.

Why Choose Walner Law for Your Kansas City Workplace Accident Case?

When you’re choosing a legal team to represent you, you need a firm with a proven history of standing up for its clients. Walner Law is bringing over half a century of experience and a record of significant results to the Kansas City community. We are committed to providing the same level of compassionate and dedicated service that has defined our firm since 1961.

Here’s how we make a difference for the people we represent:

  • A Legacy of Results: Our firm has recovered over $1 billion for injured clients, a testament to our relentless preparation and commitment to maximizing recovery.
  • Decades of Experience: With over 75 years of combined experience, our family-run law firm has a deep understanding of the complexities of injury law.
  • Client-First Philosophy: We treat every client with the dignity and respect they deserve. Your story matters to us, and we are here to listen and provide support.
  • Comprehensive Support Network: Our team includes more than 45 legal and medical professionals dedicated to helping our clients access medical experts, treatment options, and financial resources.
  • No Fee Unless We Win: We operate on a contingency fee basis, which means you pay us nothing unless we successfully recover compensation for you.

We are not just opening an office in Kansas City; we are becoming part of the community. We are here to be your advocates, providing the same powerful representation that has helped thousands of families find justice and rebuild their lives.

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If you have been injured by a driver who was using a cell phone, please contact us online at Walner Law® or call (312) 410-8496 today to schedule a free consultation with one of our lawyers about your cell phone car accident.
Herbert
Mr. Walner I am so grateful for your passion dedication and professionalism.
Herbert
Rated 5 out of 5
Monica
Kristin was so knowledgeable and guided me step by step about my options and kept me in the loop about my case.
Monica
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Denise
I chose Walner Law because they made me feel like a very important client and took consideration of my medical injury at the time.
Denise
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Understanding Your Rights After an Injury on the Job in Missouri

Walner Law - AttorneysAfter a work injury, many people assume their only option is workers’ compensation. While this is a critical resource, it may not be your only path to recovery. In Missouri, you could have two potential avenues for securing compensation, and understanding the difference is key to protecting your future.

The first is the Missouri Workers’ Compensation system. This is a type of insurance that most employers are required to carry. It is a “no-fault” system, meaning you don’t have to prove your employer was negligent to receive benefits. It is designed to provide quick access to medical care and partial wage replacement.

The second is a personal injury lawsuit, also known as a third-party claim. This is a separate legal action you can take if your injury was caused by the negligence or carelessness of someone other than your employer or a direct co-worker. This type of claim can help you recover compensation for damages not covered by workers’ comp, such as pain and suffering.

A knowledgeable Kansas City workplace accident lawyer can evaluate your case to see if a third-party claim is a viable option.

What Qualifies as a Workplace Accident?

The term “workplace accident” covers a wide range of incidents. Legally, it generally means any injury or illness that arises out of and in the course of your employment. This doesn’t mean you have to be at your primary job location, like an office or construction site.

For example, a workplace accident could be any of the following:

  • A fall from a ladder at a construction site near the Crossroads Arts District.
  • A car crash while you are driving a company vehicle to make a delivery.
  • Developing a repetitive stress injury, like carpal tunnel syndrome, from years of performing the same motion.
  • An injury caused by a piece of faulty or poorly maintained equipment in a warehouse.
  • A slip and fall on a wet floor in your office building’s lobby.

These examples show that an injury can happen in almost any job and under many different circumstances. The most important factor is the connection between your work duties and how the injury occurred.

The Critical Difference: Workers' Comp vs. Third-Party Personal Injury Claims

Super LawyersUnderstanding which path to pursue is one of the most important steps after a work injury. While your employer’s workers’ compensation insurance is your first line of defense, a third-party claim handled by a workplace accident lawyer can be crucial for a full financial recovery.

Missouri’s Workers’ Compensation System

As mentioned, workers’ compensation is a no-fault system. The benefits are defined by law and are generally limited to:

  1. Medical Treatment: This covers all necessary and reasonable medical care, including doctor visits, hospital stays, surgery, medication, and physical therapy.
  2. Temporary Disability Benefits: If your injury prevents you from working while you recover, you can receive a portion of your average weekly wages.
  3. Permanent Disability Benefits: If your injury results in a permanent impairment, you may be entitled to a lump sum or ongoing payments, depending on the severity of the disability.

It’s important to remember that workers’ compensation does not provide money for your pain, suffering, or the emotional distress the injury has caused you and your family. This is where a third-party claim becomes essential.

When Can You File a Personal Injury Lawsuit? The Role of a Workplace Accident Lawyer

While you generally cannot sue your employer for a workplace injury, you absolutely have the right to hold a negligent third party accountable. A third party is an individual or company, separate from your employer, whose carelessness contributed to your injury.

Here are some common examples of third-party liability:

  • Defective Equipment: If you were injured by a machine that had a design or manufacturing defect, you may have a claim against the company that made it.
  • Negligent Drivers: If you were hit by another driver while on the job, you can file a personal injury claim against that driver and their insurance company.
  • Subcontractor Negligence: On a busy construction site, the negligence of a subcontractor can cause injury to an employee of a different company. The negligent subcontractor can be held liable.
  • Unsafe Property: If you were injured while working on a property not owned by your employer (for example, as a delivery driver or a service technician), you might have a claim against the property owner if an unsafe condition caused your accident.

Filing a third-party claim allows you to seek compensation for all of your losses, including the pain and suffering that workers’ compensation ignores. An experienced lawyer can investigate your accident to identify any and all responsible parties to help you secure the maximum possible compensation.

What Compensation Could Be Available in a Workplace Injury Claim?

Trail LawyerIf a negligent third party was responsible for your injuries, a personal injury lawsuit can help you recover damages that go far beyond what workers’ compensation provides. The goal is to make you “whole” again financially by compensating you for all the ways the injury has impacted your life.

This compensation, often called “damages,” can include:

  • All Medical Expenses: This covers everything from your initial emergency room visit to future surgeries, rehabilitation, and long-term care needs.
  • Lost Wages and Earning Capacity: You can be compensated for the full amount of income you’ve lost and, if your ability to earn a living is permanently affected, for the loss of your future earning potential.
  • Pain and Suffering: This compensates you for the physical pain, discomfort, and emotional trauma you have endured as a result of the injury.
  • Emotional Distress: A serious injury can lead to anxiety, depression, and other psychological impacts. This part of a claim acknowledges that suffering.
  • Loss of Consortium: This compensates your spouse for the loss of companionship and support resulting from your injuries.

While no amount of money can erase what happened, securing full and fair compensation can provide the financial security your family needs to move forward and focus on healing.

Missouri's Statute of Limitations for Workplace Injuries

ABA-American-Bar-Association-BadgeIt is critical to act quickly after a workplace accident. The state of Missouri has strict deadlines, known as statutes of limitations, for filing legal claims. If you miss this deadline, you may lose your right to seek compensation forever.

For most personal injury claims in Missouri, you have five years from the date of the injury to file a lawsuit. However, the deadline for filing a workers’ compensation claim is typically much shorter. The rules can be complex, and certain circumstances can change the deadline. This is why it is so important to speak with a workplace accident attorney in Kansas City as soon as possible to ensure your rights are protected.

Kansas City, Missouri Workplace Accident FAQs

We’ve gathered some common questions that injured workers in Kansas City often ask.

What if my employer doesn’t have workers’ compensation insurance?

In Missouri, most employers with five or more employees are required to carry workers’ compensation insurance. If your employer fails to do so, you may have the right to sue them directly in civil court for your injuries, where you could potentially recover damages for pain and suffering.

Can I be fired for filing a workers’ compensation claim or a lawsuit?

No. Missouri law prohibits employers from retaliating against or firing an employee for exercising their rights under the workers’ compensation system. If you believe you have been wrongfully terminated after a work injury, you may have a separate legal claim against your employer.

My workers’ comp claim was denied. What can I do?

A denial is not the end of the road. You have the right to appeal a denied claim. The appeals process has strict procedures and deadlines, and having an attorney to guide you can be incredibly beneficial in presenting your case effectively to a judge.

What if my own mistake contributed to my accident?

Missouri follows a “pure comparative fault” rule in personal injury cases. This means you can still recover compensation even if you were partially at fault. Your total compensation award would simply be reduced by your percentage of fault. In workers’ compensation, fault is generally not a factor unless the injury was caused by intoxication or intentional self-harm.

How much does it cost to hire a workplace accident lawyer?

At Walner Law, we handle workplace injury cases on a contingency fee basis. This means there are no upfront costs or hourly fees. We only get paid if we successfully recover money for you, and our fee is a percentage of the final settlement or verdict.

Contact Walner Law – Your Kansas City Workplace Accident Attorneys

Jonathan Walner
Jon Walner, Kansas City Workplace Accident Lawyer

After a workplace injury, you need a team that will fight for you with determination and compassion. You need advocates who will handle the legal burdens so you can focus on what matters most: your health and your family.

Walner Law is here for the people of Kansas City. With a legacy of over $1 billion recovered for our clients, we have the experience and the resources to take on complex cases and win. Don’t face this challenge alone. Contact us today at (312) 410-8496 or through our online form for a free, no-obligation consultation to discuss your case and learn how we can help.

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