Legal Question in Workers Comp in Kansas

death at work

My sons father was killed at his work, we still do not know how and why this accident happened, or who the benifactor is on life insurance policy.

Asked on 6/08/01, 8:08 pm

3 Answers from Attorneys

Jim Wright Wright Law Office

Re: death at work

I am sorry to hear of your son's loss. It is difficult to reply to your question.

I am a Kansas lawyer and do not know the benefits that may be available to your son under Florida law. I don't know whether Kansas law applies. I would need to know where the accident happened, where the worker's hiring took place, the date of the accident and the employer's name.

In Kansas there must be a notice of accident filed within 10 days unless the employer had actual notice or unless good cause is shown for failure to give notice. A written claim for benefits must be served on the employer within one year from the death of the employee. An application For Hearing must be on file with the Workers Compensation Director's office within three years from the accident. Failure to meet these deadlines could result in a denial of benefits. Your son would have to prove dependence on his father to recover benefits under workers compensation. If your son is a minor that would probably be easier than if he was over 18 if Kansas has jurisdiction.

You should contact the employer to determine the name of the workers compensation carrier and to find out the beneficiary of any employer or union provided life insurance benefits. These woould be in addition to workers compensation benefits your son might have available.

If you find out the name of the workers compensation insurance company you can contact them to determine whether they are denying the claim and, if so, why.

I hope this response has been helpful. If you need to discuss this further you can reach me by phone at 785-234-0059, by fax at 785-234-8997 or email at [email protected]. This response does not create an attorney/client relationship, nor should it be considered legal advice. I hope your son has a satisfactory resolution of his claim brought about by his father's unfortunate accident. Jim Wright.

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Answered on 7/02/01, 5:26 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: death at work

First let me express my sympathy and understanding that this is a very emotionally trying time for the surviving family. However, the decedent's son, assuming he is of age, should promptly retain an attorney to look into the situation.

An attorney needs to know many more details than you provided. What type of work did the decedent perform? Who was the employer? What was outcome of the police investigation? What was outcome of OSHA investigation and the given State agency's investigation? Any known witnesses? An attorney can get the answers.

Several legal courses of action might be available. A lawyer needs to be consulted. Until an attorney is consulted, no settlement papers, or releases should be signed.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee. If you are located within the Greater Tampa/St. Petersburg area, I would be happy to meet with you

Good Luck, Elliot Jay Goldstein (I also maintain a Tampa office)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 6/28/01, 2:30 pm
Jim Wisler James L. Wisler Law Offices

Re: death at work


The father's beneficiaries are probably entltled to benefits under Kansas Workers

Compensation law if he was injured in or worked out of the state of Kansas.

I would need more details to better advise your son. The death would have

to have arisen out of and in the course of his employment.

As to life insurance, the employer should furnish the name of the insurance

company and beneficiaries can be determined.

If I can be of help, please call.

Jim Wisler

Schroer, Rice, P.A.

Topeka, KS

877-357-0333 (toll free)

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Answered on 7/03/01, 4:44 pm

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