What You Need to Know About Your Rights in a Workers' Compensation Claim

Trenton Besse • December 1, 2023

Share this article

Are you a worker who was recently injured on the job and are you unsure of your rights in the workers' compensation process? With workers' compensation laws varying from state to state, it is important to know your rights when filing a claim. In this article, we will cover the basics of workers' compensation claims, including who is eligible, what damages are included, and how to move forward with your claim. 


Gain Insight into Protecting Your Rights with These Tips

Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of their employment. This insurance is provided by employers, and if you've been injured while at work, you have the right to pursue a workers' compensation claim. Knowing what steps to take when filing a claim can be confusing, and it's important to understand your rights before filing a worker's compensation claim.

Man in suit at desk, writing, with laptop and documents. Office setting.

An Overview of Workers' Compensation

Workers' compensation is a combination of state and federal laws that require employers to pay workers who become ill or injured due to their working conditions. This type of insurance is designed to provide employees with wage replacement and medical benefits while they recover from work-related injuries. Essentially, when an employee is injured in the course of their employment, they are able to file a workers' compensation claim in order to receive payment to cover their medical bills and lost wages.


Who is Eligible for Workers' Compensation?

When it comes to workers' compensation claims, eligibility is determined based on the type and size of the employer and the length and type of employment. Generally, if the employer has three or more full-time equivalent employees, then they are required to purchase workers' compensation insurance. Additionally, if the employee is considered to be an independent contractor of the company, they may not be eligible to file a claim. However, eligibility may also depend on the specific state laws where the company is located.


What Kind of Damages Can I Collect from a Workers' Compensation Claim?

When filing a workers' compensation claim, you may be eligible to receive a variety of benefits, such as medical benefits, lost wages, retraining and rehabilitation costs, survivor benefits, and more. The amount of benefits you are eligible to receive depends on the severity of your injury. Generally, medical expenses are covered up to 100%, but lost wages may be a percentage based on the policy of your employer. It is also important to note that you may only get a certain amount of time under workers' compensation laws once you are awarded benefits.


Understanding Your Rights in a Workers' Compensation Claim

When you're injured on the job, there are a few rights you have that are important to be aware of.


  • You have the right to seek medical treatment: When filing a workers' compensation claim, you have the right to receive medical treatment necessary to treat your injury. Typically, you can choose your own doctor, but you may have to select from a list of doctors provided by the insurance company.
  • You have the right to receive compensation: When you file a workers' compensation claim, you have the right to receive compensation for your medical bills, lost wages, and other related expenses.
  • You have the right to challenge a denial: If your claim is denied, you have the right to challenge the decision. You may have to go to a hearing in order to argue your case, or you may have the option to settle out of court.
  • You have the right to appeal a decision: If your claim is denied or you are unhappy with a decision, you have the right to appeal the decision. You can also hire an attorney to help you through the appeals process.


Tips to Help You Get the Best Outcome

When filing a workers' compensation claim, there are a few tips you should keep in mind to ensure you get the best outcome possible.


  • Gather documents: Before filing a claim, gather all the necessary documents, such as medical records and wage statements.
  • Report the injury immediately: Be sure to report your injury as soon as possible to your employer. The sooner you report it, the more accurately your employer can record what happened.
  • File for benefits: As soon as you are injured, file for benefits to start receiving the benefits you are entitled to.
  • Keep a record: Keep a detailed record of all your doctor visits, medications, and any other treatments you receive for your injury.
  • Seek legal help: If you feel you are not being treated fairly, you may want to seek the guidance of a qualified lawyer who can help you get the best outcome for your situation.


Get Help from a Workers' Compensation Attorney in Kansas City

It is important for workers to understand their rights when filing a workers' compensation claim and to know the laws that protect them. If you have been injured and would like to move forward with your claim, it is important to take the right steps and to make sure that you understand the process thoroughly. 


The team at Besse Law Firm has experienced workers' compensation attorneys in Kansas City, MO, and the surrounding areas to help you with your claim. We also offer services for social security disability, personal injury, and DUI. Call us today at (913) 341-0005 for more information.


Frequently Asked Questions

  • What Is Workers' Compensation?

    Workers' compensation is a form of insurance that is provided by employers to their employees in case of workplace injuries or illness.

  • Is It Necessary for An Employer to Have Workers' Compensation Insurance?

    Generally, if the employer has three or more full-time equivalent employees, then they are required to purchase workers' compensation insurance. However, this may vary based on the specific state laws of the company's location.

  • What Damages Can I Collect from A Workers' Compensation Claim?

    When filing a workers' compensation claim, you may be eligible to receive a variety of benefits, such as medical benefits, lost wages, retraining and rehabilitation costs, survivor benefits, and more. The amount of benefits you are eligible to receive depends on the severity of your injury.

  • What Is the Time Limit for Filing a Workers' Compensation Claim?

    The time limit to file a workers' compensation claim varies based on state laws. Generally, there is a two-year limit, but this can vary from state to state. 

  • How Can I Get Help Filing a Workers' Compensation Claim?

    If you need help filing a workers' compensation claim, the team at Besse Law Firm has experienced workers' compensation attorneys in Kansas City, MO and the surrounding areas to help. Call us today at (913) 341-0005 for more information. We also offer services for social security disability, personal injury, and DUI.

Recent Posts

Two cars, blue and black, involved in a rear-end collision on a road.
By Trenton Besse November 4, 2025
Reasonable car accident settlements in the Kansas City metro flow from evidence. Know the differences between Kansas and Missouri comparative fault, document both economic and non economic loss, and be ready to counter insurer tactics with records. For minor cases, think low five figures when treatment is brief and fau
Two people reviewing legal documents, one pointing, with a gavel on a wooden table.
By Trenton Besse October 6, 2025
Getting hurt at work turns your life upside down. Medical appointments, missed checks, and calls from an insurance adjuster can make you feel like you have to go along to get along. You do not. This guide explains how light duty works, what benefits you can expect in Kansas and Missouri, realistic timelines for settlem
Doctor writing on a clipboard, hands clasped with a patient at a desk.
By Trenton Besse October 24, 2024
Navigating the Social Security Disability (SSD) claim process can be an overwhelming experience, especially if your initial application is denied. However, it's crucial to recognize that a denial doesn't mark the conclusion of your journey. At Besse Law Office P.A., located in Overland Park, KS, we specialize in helpin
Work injury claim form with pen, stethoscope, pills, and X-ray of an arm.
By Trenton Besse October 8, 2024
When you suffer an injury at work, it can be a confusing and stressful time. Navigating the workers' compensation process can be challenging, especially when you're dealing with pain and recovery. Knowing when to hire a workers' compensation attorney is crucial to ensuring you receive the benefits and support you're en
Woman in wheelchair, red blazer, working on laptop at a cafe table by a window; coffee cup.
By Trenton Besse August 14, 2024
The process of applying for Social Security Disability (SSD) benefits can be overwhelming and complicated. It involves filling out lengthy forms, gathering medical evidence, and navigating complex laws and regulations. Making a mistake during this process can result in your application being denied, delaying your much-
Man sitting on stairs, clutching his back, likely injured after a fall.
By Trenton Besse August 14, 2024
Slips and falls are a common hazard that can affect anyone, regardless of location or time. Whether at a grocery store, on a sidewalk, or in a commercial building, these incidents can lead to serious injuries, costly medical bills, and lost wages. If you've experienced a slip and fall accident in Overland Park, KS, you
Construction worker collapsed on floor, being checked by a colleague wearing safety gear, inside building.
By Trenton Besse August 5, 2024
At Besse Law Firm, we understand that workplace safety is paramount, regardless of the season. The ever-changing weather brings unique challenges and hazards, from icy winter days to the scorching heat of summer. These challenges can affect the well-being of employees and the smooth operation of any business. Therefore
Two men inspecting damage on a white car; one holds a clipboard, the other points at the dented fender.
By Trenton Besse July 29, 2024
Car accidents are an unfortunate reality of modern life, often resulting in various injuries and significant financial burdens. Understanding the common types of car accident injuries and the potential compensation available can help victims navigate the aftermath more effectively. At Besse Law Office P.A. in Overland
Dog biting a shoe held up by a person's foot, while another person holds a stick.
By Trenton Besse July 29, 2024
Dog bites can be traumatic and life-altering events. Beyond the physical injuries, victims often face emotional distress, financial burdens, and a complex legal landscape. In Overland Park, KS, dog bite laws are in place to protect victims and ensure they receive the compensation they deserve. At Besse Law Office P.A.,
Worker in blue uniform lies on gray floor, clutching shoulder, with fallen helmet and clipboard.
By Trenton Besse July 15, 2024
When an employee is injured on the job, it can be a stressful and overwhelming experience. Not only do they have to deal with physical pain and emotional distress, but they also have to navigate the complex process of filing a workers' compensation claim. This claim is meant to provide financial assistance and medical
Show More