WHAT IS A KANSAS "WORK DISABILITY" AND HOW MUCH IS YOUR CASE WORTH?

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.