This time a year brings out the kids and the kid in all of us. It is a unique year because lots of Kansas kids will be out, trick-or-treating, despite COVID dangers. We'd like to offer you some tips that may keep you and your kids safe.

• Wear masks. This is the time of year you plan to anyway, right!? Just be sure that your nose and mouth are covered;
• Social distance. 6 feet apart is the safest. If you are leaving, giving or getting candy consider using a candy dish (witches cauldron anyone?);
• Do Halloween activities outdoors. Fresh air and plenty of space will keep you safe;
• Wash your hands. Continue following the guidelines, especially after touching lots of doorbells, candy wrappers, etc., about keeping hands clean. Consider bringing hand sanitizer along;
• Small groups. Break you larger groups apart into a few small groups. Less people means less germs;
• Consider celebrating a new way. Try having a family-only scavenger hunt, carve pumpkins in your back yard, have a family decorating contest, etc.; and
• Take good care of yourself. Make sure to watch for changes in yours/your children's health. Be cautious around the elderly and immunocompromised. Take precautions to keep good care of yourself too.

We sure hope you find a safe way, and warm, way to enjoy this Halloween. 

As always, we are here if you are injured during this weekend.

Happy Halloween Kansas!

You were injured in an accident, in Overland Park, or somewhere in Kansas. You filed a claim with the insurance company. Now you think you are being followed. Believe it or not, you may not be just paranoid. There are known cases of other Kansas clients being tailed. That may mean that someone is not just watching you but, also taking pictures, videos, etc. of you. Why you though? Typically, this happens in the following circumstances:

• You have large amounts of medical expenses and/or damages;
• The insurance company or your employer have cause to believe that you are not as injured as you say;
• You are suspected of reporting restrictions/limitations that are extreme or exaggerated; and/or
• Someone has shared with them you may not be telling the whole truth.

If you are being honest about your injury and/or damages you have nothing to worry about. And yes, it is legal, in Kansas, to preform surveillance. 

Here are some ways to prevent being investigated:

• Be honest with law enforcement/supervisor at the time of your injury;
• Don't embellish your story when you speak to the insurance company;
• Follow the doctor's orders;
• Document your needs, pain, restrictions, abilities; and
• Refrain from saying you absolutely cannot do any one thing unless it is humanly impossible. Instead use word like, "difficult", "painful", "nearly impossible", etc..

While you may know that you are doing the right thing, if you are being tailed, you should not face this matter alone. It is not only likely that your claim is going to be denied but, it is also possible that you could be facing criminal charges (depending on the circumstances). Our Overland Park, Kansas attorney is here help. Call NOW 913.602.7288.

When will your Kansas Work Comp. claim end? It depends. Unfortunately, there is no set timeline for when your Work Comp. weekly benefits, medical care, restrictions, etc. will come to a close. Your unique circumstances will be used to make that determination. Here are some things that will likely happen when you claim is coming to a close:

• You will be sent back to work without restrictions (perhaps for the first time since you were injured);
• Your weekly temporary disability checks will end, usually the same day you are released without restrictions;
• Your will have completed all necessary surgeries/medical care, to include post-operation follow-up visits;
• Your next visit with the Kansas Work Comp. doctor will be set 30 to 60 days out, and this visit will like be used to rate your disability level; and/or
• You will have little, to no, additional treatments scheduled (ex. physical therapy).

As you can tell, your need for medical attention will largely determine when your claim will conclude. Once the Work Comp. doctor has determined that you have reached maximum medical improvement ("MMI") you will be given a disability rating, and then negotiations will begin. Should you not agree with the amount of money and/or care being offered, you can have your case set for a hearing. The hearing process will extend the amount of time it takes to ultimately close your case; however, it may be the only way to get what is fair.

If you have more questions, no matter what stage your Kansas Work Comp. claim is at, about your injury call today 913.602.7288. Our office is located in Overland Park, Kansas and we offer free consultations. 

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:

• Functional Impairment Calculation: 415 (scheduled weeks) x 8% (impairment rating) = 33.2 (weeks), 33.2(weeks) x $540 (average weekly compensation) = $17,928 cash settlement; vs.
• Work Disability Calculation: Your new job only pays you 50% of your prior job's wages, and the vocational expert has determined that your restrictions mean that you cannot do 65% of you pre-injury tasks. 50% (wage loss) + 65% (task loss) / 2 = 57.5% (the average of wage loss and task loss that becomes your work disability percentage), 415 (scheduled weeks) x 57.5% (work disability) = 238.635 (weeks), 238.635(weeks) x $540 (average weekly compensation) = $128,862.90 cash settlement. 

As you can see, if you fail to have your Kansas Work Comp. case evaluated by an experienced attorney you could be leaving over a $100,000 (in the above scenario) on the table. Do you think the Work Comp. insurance company is going to help you get the extra money? You know the answer to that questions. In fact, they have no duty to advise you of what you case could be worth.  Have your case evaluated by an experienced Kansas Work Comp. attorney today 913.602.7288.

If you are injured, at work, in Kansas your employer will report the incident to its insurance company. The type of injury you experience will determine what compensation you will be entitled to under Kansas Work Comp. law. Scheduled injuries include, injury to the following body single body parts:

• arm
• leg
• shoulder
• finger
• toe 
• eye, or
• ear

Click HERE for the Overland Park, Kansas scheduled injury calculations. 

If your injury is to another part of your body (ex. back, neck, etc.), results in amputation or permanent loss of use, or injury to more than one body part, it will be considered a non-scheduled injury. A non-scheduled injury will result in a larger possible compensation amount. Similarly, should your loved one's work injury cause their death, there are higher compensation rates. 

How your injury is classified could mean the difference in tens-of-thousands of dollars. If you are unsure about your Kansas Work Comp. claim and/or the compensation you are entitled to, call us NOW 913.602.7288 for your free consultation. 

So you were injured at work, qualified for Kansas Work Comp. benefits, received treatment and now you are nearing the end of the process? You probably know you're Work Comp. case is near closing when you have been sent back to work (usually without restrictions), your weekly benefits have ended and/or your next doctor's appointment is several weeks away. 

What's next? At your very next appointment the doctor will likely be assessing your disability level. The outcome will be a disability rating. In sum, it will be a determination of what percentage of bodily impairment you will have permanently because of the work injury. This number will then be used to determine what amount of cash you are entitled to, under Kansas Work Comp. law.

How will you know if your disability rating is accurate? It is likely that you won't and the insurance company will offer you no guidance on the matter. Further, if you disagree and take your claim to Kansas Work Comp. court, your opinion alone will not be sufficient cause to adjust your rating. That's why you need an experience Kansas Work Comp. attorney. 

If you were injured, at work, in  Overland Park, Kansas (or anywhere else across the state)? Call us NOW for your free consultation 913.602.7288.

Yesterday we talked about how you are compensated for your missed time, following a work related injury, under Kansas Work Comp. law. As you know, whether you are injured in Overland Park, or anywhere in Kansas, you will not get paid until after 21 consecutive missed days (7 of which are the waiting period and not reimbursed). You also know that your Work Comp. wages will be two-thirds of your average weekly pay. But what if you normally get overtime? What if you normally receive fringe benefits that are now unavailable to you?  Well, Kansas Work Comp. has you covered in both circumstances. That is because the "average weekly wage" is calculated as follows: Base Wage + Average Weekly Overtime + Weekly Fringe Benefits. ​

When we get a new client one of the first things we discuss, and review, is this above calculation. Your weekly wages should never just be what appeared on your last pay stub; especially, if you are entitled to overtime and fringe benefits. If the calculation is inaccurate, even only by a few dollars, it could cost you hundreds of dollars later. Need an attorney to review you Kansas Work Comp. case and wage calculations? Call us NOW 913.602.7288 our experienced attorney would be glad assist you.

If you are injured, in Overland Park, KS, at work, you may miss time while you seek medical attention and heal. How are you compensated for your lost wages? Under Kansas Work Comp. law, if you cannot work because of a job-related injury, you may be entitled to weekly disability benefits (also known as "temporary total compensation"). To qualify for these benefits the following must occur first:

• You must report your injury to your employer;
• You must seek medical attention (either from an employer approved provider or ER);
• You must follow the directions of the treating physician; and
• You must be out of work for more than 21 consecutive calendar days, 7 days ("waiting period") of which will not be reimbursed.

Once these four things have occurred, and the employer has not denied or disputed your Kansas Work Comp. eligibility, you can begin receiving a weekly benefit check. This check will be 2/3rds (two-thirds) of your average weekly earning, but cannot exceed the maximum benefit allowed in Kansas. 

Here are some reason your Kansas Work Comp. compensation may be denied:

• Failure to report your injury in timely fashion;
• Refusing to follow doctor's orders (ex. missing appointments w/o notice);
• Refusing to take a drug/alcohol test, if your employer demands it;
• Failure to seek medical attention; and
• Being involved in activities that would not be considered work activities, that caused your injury (ex. fighting).

If you have concerns about your weekly benefit amount, Kansas Work Comp. laws in general, the treatment/mistreatment you are receiving, etc. call our office NOW 913.602.7288. We can help guide you and, get you the care and money you deserve. 

It is possible to get a second opinion, after you have been advised by a Kansas Work Comp. doctor, of your injury. However, it will likely be a visit you must pay for out of pocket. As we discussed in our yesterday's blog, you may be entitled to a reimbursement, up to $500, for seeing an outside provider. If you have an emergency circumstance you should seek immediate care but, if no urgency exists you should seek the advise of your attorney before getting another opinion. 

Sometimes you may strongly disagree with the opinion of the approved provider such that it does require a second opinion. That is particularly the case where you're concerned about care, disability rating, untreated injury, etc. A second opinion matters especially when don't get the treatment you are entitled to, and/or the compensation you should get is low. 

We understand that your Kansas Work Injury has unique circumstances. Call us NOW to get your questions answered 913.602.7288.