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What to Do After Suffering a Head Injury at Work
Suffering a head injury at work not only affects your physical health but also your financial stability, emotional well-being, and overall quality of life.
In Kansas, as in most states, workers compensation is designed to provide financial support and medical benefits to workers who are injured while performing their job duties. The workers compensation process can be complicated, but working with a qualified attorney will make it easier to pursue the appropriate compensation.
At Slape & Howard, located in Wichita, Kansas, we have extensive experience assisting clients with workers compensation claims. Let us walk you through the steps you should follow after experiencing a head injury at work, from seeking prompt medical attention to meeting appropriate deadlines for your claim.
Seeking Immediate Medical Attention
Head injuries can range from mild to severe, and immediate medical evaluation is essential for your health and safety. Even if the injury seems minor, it’s crucial to seek medical attention right away. Some symptoms of a head injury may not appear until hours or days after the incident, and delaying medical care could worsen the situation.
If the head injury involves loss of consciousness, severe headache, nausea, dizziness, or other concerning symptoms, it’s essential to go to the emergency room or contact your doctor immediately. Timely treatment can prevent complications and provide a clear medical record of your injury.
After receiving an initial evaluation, follow your doctor’s treatment recommendations, which may include rest, medication, physical therapy, or treatment for a concussion or brain injury. Be sure to keep all medical appointments and report any changes in symptoms to your healthcare provider.
After receiving the appropriate medical care, you’ll need to promptly notify your employer of your injury.
Notifying Your Employer
Under Kansas law, if you suffer a work-related injury, you’re required to inform your employer as soon as possible. Reporting the injury is crucial for making sure you’re eligible for workers compensation benefits.
While verbal notification is important, it’s also recommended to submit a written report of the injury. This will create a formal record and help avoid any potential disputes later on. Include details of the incident, how the injury occurred, and any immediate symptoms.
According to the Kansas Department of Labor, you must report the injury to your employer within 20 calendar days of the accident. Failing to notify your employer within this time frame may result in the denial of your workers compensation claim. Your injury report is one of multiple documents you’ll need for your claim.
Documenting the Incident
Accurate documentation is vital in making sure that your workers compensation claim is processed smoothly. Keep detailed records of the following:
How the injury happened: Write down everything you remember about the incident, including the time, location, and circumstances that led to the injury. If there were any witnesses to the accident, obtain their contact information as well.
Injury symptoms and medical treatment: Document the symptoms you experienced after the head injury, such as dizziness, headache, confusion, or memory issues. Keep track of all medical treatments, including doctor visits, prescriptions, and diagnostic tests. This documentation will support your claim and demonstrate the severity of your injury.
Witness statements: If anyone witnessed the accident, ask them to write down a statement describing what they saw. Witness statements can serve as important evidence in corroborating your version of events and strengthening your workers compensation claim.
Once you’ve reported the injury to your employer and gathered all necessary documentation, you can begin filing your workers compensation claim.
Filing a Workers Compensation Claim
In Kansas, workers compensation is administered by the Kansas Division of Workers Compensation. Filing the claim correctly is critical to receiving benefits for medical expenses, lost wages, and other related costs.
To file your claim, you’ll need to collect the following information:
Employer’s insurance carrier: Your employer is required to carry workers compensation insurance. Your employer should provide you with the name of their insurance carrier, and you can contact them directly to begin the claims process. In some cases, employers may also have designated workers compensation coordinators who can assist you.
The First Report of Injury (FROI): In Kansas, your employer or their insurance carrier will file a "First Report of Injury" with the Kansas Division of Workers Compensation. This report outlines the details of the accident, the injuries sustained, and your medical treatment. You should follow up with your employer to make sure the report is filed within the required timeframe, which is generally within 28 days of the injury.
Claim forms: If your employer doesn’t file the report, or if you wish to file the claim yourself, you can submit a claim form to the Kansas Division of Workers Compensation. This form includes important details about the injury and your work history. It’s important to file this form as soon as possible, as failure to do so within one year of the injury may result in the denial of your claim.
Now that you know what you’ll need to file your workers compensation claim, let’s examine the benefits provided by workers compensation in Kansas.
Workers Compensation Benefits in Kansas
Kansas workers compensation provides various benefits to employees who are injured on the job, including:
Medical benefits: Kansas workers compensation provides coverage for all necessary medical expenses related to your head injury. This includes doctor visits, hospital stays, surgeries, physical therapy, prescription medications, and diagnostic tests.
Temporary Total Disability (TTD) benefits: If your head injury prevents you from working, you may be eligible for temporary total disability benefits. These benefits typically cover two-thirds of your average weekly wage, up to the maximum amount set by the state. TTD benefits are paid until you’re able to return to work or until your condition stabilizes.
Permanent Partial Disability (PPD) benefits: If your head injury results in a permanent disability, you may be entitled to permanent partial disability benefits. These benefits are designed to compensate you for any loss of earning capacity due to the lasting effects of the injury.
Permanent Total Disability (PTD) benefits: If the head injury leaves you completely unable to work, you may qualify for permanent total disability benefits. These benefits provide financial support for workers who are permanently unable to perform any type of work.
Death benefits: If the head injury leads to death, the surviving spouse or dependents may be entitled to death benefits, including funeral expenses and compensation for lost income.
To increase your odds of a successful claim that provides you with the above benefits, cooperation with other parties involved in the filing process is essential.
Cooperating With the Workers Compensation Process
Throughout the workers compensation process, it’s important to fully cooperate with your employer, their insurance company, and your medical providers. This includes attending all medical appointments, following treatment protocols, and keeping track of your medical records. Cooperation will help your claim move forward smoothly.
However, you should also be aware of the potential for disputes or delays. If your claim is delayed or denied, or if you encounter issues with the insurance company, you may need to seek legal assistance.
In addition to cooperating with other parties, being aware of your rights and the deadlines associated with the filing process can help prevent complications.
Your Rights and Deadlines
As a worker in Kansas, you have specific rights when it comes to workers compensation. It’s important to understand these rights so that you’re treated fairly. Some key rights you should be aware of include:
Right to medical care: You have the right to receive any medical care necessary to treat your head injury. This care should be provided without any cost to you, as long as the injury is work-related.
Right to compensation for lost wages: If you’re unable to work due to your injury, you’re entitled to compensation for lost wages, which is typically two-thirds of your average weekly wage.
Right to file a claim: You have the right to file a workers compensation claim if you’re injured on the job, and your employer is prohibited from retaliating against you for filing a claim.
Additionally, be aware that in Kansas, you must file your workers compensation claim within one year of the injury. If you wait longer than this, your claim may be denied. It’s crucial to keep track of deadlines and file your claim in a timely manner.
Contact a Qualified Workers Compensation Attorney
Suffering a head injury at work can be a life-changing event, and it’s essential to take immediate action to protect your health, well-being, and financial future. Working with an experienced attorney is vital. Serving clients all throughout Kansas, our firm can help you file an accurate workers compensation claim for your head injury. Contact Slape & Howard today for knowledgeable and compassionate support throughout every step of the filing process.