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:
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:
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:
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:
Here are some reason your Kansas Work Comp. compensation may be denied:
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.
Under Kansas Workers' Compensation law, you need not await approval from your employer to see a doctor, after suffering injury. You are able to get any care, reasonably necessary, to treat your injury. For instance if you need to go to the ER you don't have to await your employers approval.
As soon as immediately possible you will also want to notify your employer of your injury. Upon notice the employer has the right to select a doctor to complete your treatment (i.e. an authorized provider). If you then are unsatisfied with the care you are receiving you may ask for a change in provider. Should the employer refuse, and you have good cause to switch, you may request a Kansas Work Comp. hearing. You are also able to seek up to $500, without permission, that can be reimbursed to you.
While it may not be obviously apparent, you do have many rights under the Kansas Work Comp. laws. This process can quickly become overwhelming, particularly if you have been denied benefits. Each case is unique, and our office is happy to help you get the care and money you deserve. Call NOW 913.602.7288 for your free consultation.
It is not uncommon for employers to ask you to travel to-and-fro, using your own car or theirs, for business purposes. There are a number of possible ways to be involved in an accident, while in your own vehicle, and qualify for Kansas Work Comp. & recover damages from the at-fault party's car insurance company. Some common examples of work related travel include:
If you are working in Kansas, or for a Kansas employer, and are involved in an car accident we suggest that you make no statements yet. What you should do right away (besides seek medical attention) is notify your employer of your injury and call us NOW 913.602.7288.
We often get calls from potential clients that wish to sue their employer, civilly, for injury (picture Judge Judy). Sometimes, if the injury had not occurred at work, the injury could be more lucrative if the claim was filed in civil court. However, the Kansas Worker's Compensation laws prevent you from filing a work injury in civil court. That is because the Work Comp. process was created to prevent employers from going bankrupt. The biggest difference is that, under Work Comp. law you cannot recover pain and suffering, lost future income (although you may qualify for loss of earning capacity), emotional damages, etc. Kansas Work Comp. has very clear maximums for recovery, while civil suits do not. However, neither have maximums for medical expenses (which is typically the greatest cost).
If you have been hurt while working, or are unsure if your injury qualifies as a Kansas Work Comp. or civil claim, call NOW 913.602.7288. Our office has handled claims just like yours and can answer your questions.
For more about Overland Park, Kansas Work Comp. click HERE.
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