The Law Office of Kurt H King

April 20, 2020

Workers’ Compensation Cases from the Covid-19 Virus

Some employers may be exposing their workers to the virus without proper protection.  As a result, a worker may be infected and become ill, perhaps very ill or even die, from such increased exposure.

In these situations, the worker may well have a workers’ compensation injury claim to cause the employer (its insurer usually) to provide–at its cost–medical care, weekly compensation while off work, plus an award of money to compensate the worker for his or her permanent disability.   The law also mandates the employer/insurer pay compensation to spouse and/or dependents in cases where the employee dies from the injury, or in this case, the virus.

I handle Missouri and Kansas workers’ compensation claims and would be glad to speak with you about whether you have a viable claim.   These claims are typically handled on a 25% contingency fee basis, so there is no fee unless you receive compensation on the claim.  However, clients are generally responsible for reimbursing the out-of-pocket expenses for the costs of obtaining medical records, examination and rating by a doctor if needed, and the like.

It is important to act promptly as there are time limits that will defeat your claim if you wait past the deadlines!

Please call if you think this situation may apply to you!  Thank you.

Kurt H. King 816.781.6000

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri 64068

Practice Areas–Workers’ Compensation, Personal Injury, Chapter 7 Bankruptcy, Estate Planning, Family Law, Landlord-Tenant, General Matters

October 26, 2017

ERISA LIENS, MEDICARE SET ASIDES, ETC.

Marci Gordon of Synergy Settlements out of Orlando, Florida, did fine job at recent Clay County, Missouri, CLE on the subject of ERISA liens and some reduction strategies.   Her business card also lists Medicare set aside trusts, lien resolution, pooled trust services, and complex settlement planning and consulting.

Synergy offices at 911 Outer Road, Orlando, Florida 32814, with a Toll Free line 877.242.0022, Direct line 407.279.4812, Cell 407.620.7471.

Kurt H. King

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri 64068

816.781.6000

Personal Injury, Workers’ Compensation, Litigation, General Matters

July 18, 2017

Kansas Under-Insured Motorist Coverage

Under Kansas statute K.S.A. 40-284(b), Under-Insured Motorist (“UIM”) automobile coverage pays only “to the extent such coverage exceeds the limits of the bodily injury coverage carried by the owner or operator of the other motor vehicle.” Kerns v. Alliance Indemnity Co., Slip Op. 79948 (Mo. Ct. App. W.D. April 25, 2017).

So, if you carry the minimum 25/50 (in thousands of dollars), your UIM coverage does not pay you a dime because the other driver will have at least the required minimum 25/50 of bodily injury coverage.  Since your $25k of UIM does not exceed the other driver’s $25k of bodily injury, you get zero from your UIM.

(Note: Kansas law prohibits “stacking” of UIM coverage.  K.S.A. 40-284(d))

Even if you buy more than the 25/50 minimum of UIM, it still pays you nada if the other driver has as much or more bodily injury coverage.  For example, if you carry $100k in UIM, and are hit by another driver with $100k in bodily injury coverage, your UIM pays nothing because your UIM of $100k is no greater than the other driver’s $100k of bodily injury coverage!

We wonder if insurance agents explain this to the people buying insurance from them.  If they are, one would expect the buyer to either waive UIM coverage or buy more than teh minimum 25/50 amount.

Kurt H. King, Attorney at Law

20 E. Franklin, Liberty, Clay County, Missouri

816.781.6000

Personal Injury, Workers’ Compensation, Litigation, General Matters

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