Total Disability Depends On The Severity Of Your Injury
Although back and neck work injuries make up most total disability claims, many injuries or combination of injuries can result in total disability depending on the severity of damage and how it impacts your ability to work. Having a respected second opinion from a trusted physician and an experienced workers’ compensation attorney on your side can be the difference in having your injury being defined as a total disability or not. Some injuries are also classified as permanent or temporary.
In order to qualify for total disability your condition must be so serious that it prevents you from engaging in substantial and gainful work. Kansas and Missouri have somewhat different standards when determining if total disability exists.
Why Work With An Attorney Who Is Licensed In Both States?
My name is Tim Alvarez, and for over 30 years I have been helping people who qualify for total disability assert their rights under Kansas and Missouri law.
One of the unique things about having a claim in Kansas City is that since the area straddles the state line you may qualify to have a claim in both states. Therefore, it is important to have an attorney like me who is licensed to practice in both states. The laws are similar, but I understand the differences and can help you maximize your claim. You may be able to file a claim based on where you were injured or where your company has their primary place of business.
What Does It Take To Qualify For Total Disability Benefits In Missouri?
To qualify for total disability in Missouri you generally need to prove that an employer would not reasonably be expected to hire an individual in your condition. They will not only look at the injury sustained on the job, but if you have another pre-existing work-related or military disability, it may be considered together with your work injury to determine if you are totally disabled.
If you qualify for total disability in Missouri, you are entitled to a weekly check, subject to certain limitations, for the remainder of your life. This is a significant amount of lost wages that can be paid out, depending on what your income was at the time you were injured.
Determining Total Disability Benefits In Kansas
In Kansas, total disability benefits are much more limited. First, the test is whether a worker is capable of engaging in any kind of gainful employment. Next, the benefits are subject to a cap.
An attorney is almost always necessary in a total disability claim because there are vocational as well as medical issues that must be addressed. Vocational and medical experts may be needed to determine the worker’s education, skill level and work experience to determine if he or she is permanently disabled.
Get Help From An Experienced Attorney
To learn what you may be eligible to receive, please contact a Kansas City total disability lawyer. I’m Tim Alvarez, and I offer a free consultation and case evaluation. I have been representing injured workers in the Kansas City metropolitan area and throughout Kansas and Missouri for more than 30 years. Call 913-371-1030 or email me.
The choice of a lawyer is an important decision and should not be based solely upon advertisements. This disclosure is required by rule of the Supreme Court of Missouri.