An injury at work, under Kansas Work Comp. law, may temporarily mean that you cannot perform your normal work duties. Therefore, the treating physician may send you back to work with restrictions that limit where, when, how, etc. you can work. After it is determined that you have reached maximum medical improvement ("MMI") you will be sent back to work with no restrictions, at least for a time. However, sometimes, your non-scheduled injury (see yesterday's blog for a list of scheduled and non-scheduled injuries) is such that you have lost the ability to return to work and/or have lost wage earning potential. You will then have what is considered a "work disability".
Should it be determined that you have a work disability you will need to have a Kansas vocational expert hired. This expert will use information specific to your unique circumstances (ex. education, prior work experience, work restrictions, job market, etc.) to determine your lost earning capacity. If you cannot return to your prior position, and while you await a determination of Work Comp. award, you must actively seek employment.
What you may be entitled to, because of your work disability, is likely greater than what your functional impairment compensation would be. Here's an example of the difference, if you had the same injury, treatment, etc. and your impairment rating is 8% in both calculations:
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