Occupational Exposure Attorneys in Wichita, Kansas

According to the Centers for Disease Control and Prevention (CDC), more than 13 million workers in the United States are exposed to chemicals on the job that can be absorbed through the skin or in other ways. Various diseases and debilitating conditions can result from working around dust, fibers, chemicals, and fumes, and up to 10 percent of all incidents of cancer across the nation are said to have derived from workplace conditions. 

If you do suffer from exposure to toxic chemicals or other substances on the job, you may be covered by your company’s workers compensation insurance. Workers compensation is a no-fault plan that precludes the filing of lawsuits against employers for injuries or illnesses at work, but then provides benefits in terms of medical care and lost-wage remuneration without assigning fault to anyone, either employer or employee.  

This is not to say that obtaining these benefits is going to be easy. Every insurer representing a company’s workers compensation program is going to be cautious in examining claims. Workers compensation insurers are for-profit entities, and before they start doling out money for medical benefits and lost wages, they’re going to demand exhaustive proof. Even once they approve benefits, they will continue to monitor everything to see if they can scale back or eliminate those benefits. 

The State of Kansas may be one of the most insurance-friendly states in the nation when it comes to workers compensation. The Kansas Workers Compensation Act (KWCA) of 2011 tightened both the claims filing process and also the certification/qualifying standards. After the KWCA went into effect, workers now essentially have 20 days to report a workplace injury or illness, and in addition, the workplace must be the “prevailing cause” of a worker’s injury or illness. This means that, should you aggravate a pre-existing condition at work, your insurer may have the legal wherewithal to limit or even deny your benefits. 

If you’ve fallen ill or developed physical or mental conditions from occupational exposure at work anywhere in the state of Kansas, contact the workers compensation attorneys at Slape & Howard. We have been fighting for changes to the KWCA, and also helping workers file their claims with the proper medical evidence to increase the odds of approval. Our office is in Wichita, but wherever you are in Kansas, contact us with your workers compensation claim.

Toxic Substances & Types of Exposure 

Exposure to asbestos, which can lead to mesothelioma, is probably the most well-known of all toxic exposure substances in the workplace, and in the case of asbestos, even in the home and other structures can be toxic. In addition to asbestos, lead, benzene, pesticides, cadmium, beryllium, mercury, silica, paint, solvents, and acids can also cause injuries and illnesses. 

Employees are susceptible to toxic exposure injury or illnesses through skin contact, breathing the fumes, or accidentally swallowing even a very small amount of a chemical. The most common types of resulting injuries or illnesses include burns, rashes, and throat or lung conditions. In addition, nerve and neurological damage, including brain damage, can result from any type of exposure—inhalation, skin contact, or swallowing. 

Filing a Workers Compensation Claim in Kansas  

By law, you must report any injury or illness to your employer within 20 days of the workplace accident. In some cases, the 20-day clock starts ticking once you are diagnosed with a work-related injury or illness. This is especially the case with repetitive-stress injuries, but also can be the case if an illness or injury results from toxic exposure but the symptoms do not appear until later and medical evaluation and treatment are sought. If you no longer work for your employer, the clock stops ticking at 10 days. The employer then has 28 days to file a written report about your injury or illness to begin the worker's compensation claims process. In other words, you may have to wait a month or more to get an answer to your claim. 

Workers compensation is designed to cover “medical treatment reasonably necessary to cure and relieve the effects of the work-related” injury or illness, according to the Kansas Department of Labor (DOL). In addition, workers compensation will pay two-thirds (66.7 percent) of your average weekly wage if you are unable to work, but you won’t receive the compensation until you’ve missed seven days of work. 

Your employer and/or the employer’s insurer can dictate which physician or medical group you must use for your treatment. If you wish to get a second opinion or receive treatment from a physician of your own choosing, the system will reimburse you only for $500 of the resulting expenses.

Occupational Exposure Attorneys in Wichita, Kansas 

Filing a claim in Kansas for workers compensation can be complex. Your employer’s insurer may demand additional medical evidence and supporting documentation and/or testimony before even approving your treatment. Wherever you are in Kansas, if you’ve suffered from occupational exposure to a toxic substance or chemical and you need to file a worker's compensation claim, contact our attorneys at Slape & Howard. We will help you assemble the medical and other evidence you need and then fight alongside you to pursue a path forward.