Workers compensation, or work comp, is supposed to be a system where people injured on the job receive treatment and compensation for their injuries. Because benefits are supposed to be paid regardless of any negligence by the worker or the employer, civil suits are avoided and benefits are supposed to be provided quickly.
First and fore most is the right to treatment. Under Kansas law the employer, usually through its insurance company, has the right to designate the treating physician. In the right situation it is possible to ask for a change of physician, and if denied, then ask a workers compensation judge to order a change of physician. The employer, again usually through its insurance company, pays for all of the medical expenses, as well as most mileage for travel to doctor appointments.
If you are taken off work because of your injury you should be entitled to temporary total disability (TTD) benefits which is 2/3 of your average weekly wage, but subject to a maximum weekly benefit. As of July 1, 2014 the maximum weekly benefits is $594.00. If, for instance, you are returned to work half time, you may be entitled to temporary partial disability (TPD) benefits, which are calculated as 2/3 of the difference between what you are paid and your average weekly wage, subject again to the maximum weekly benefit.
Contact a Kansas workers' compensation lawyer representing clients in Topeka, KS today to schedule your free initial consultation.
Once your treatment is over and you are placed at maximum medical improvement (MMI), you may be entitled to permanent partial disability (PPD) benefits. These are calculated as a percentage of loss of physical functioning or, if employment is lost as a result of the work injury, then as a work disability. In exceptionally severe cases the worker may be permanently totally disabled (PTD) from ever working again. There are maximum dollar limits on how much PPD and PTD benefits can be paid.
Kansas' laws over time have become more employer friendly. Our legislature has set up many traps for the unsuspecting worker. Furthermore, workers compensation itself is very technical, requiring a knowledge of both medicine and law. If you'd like a taste of this, browse some decisions of the Workers Compensation Board at: the following link.
Even if your employer is already providing some benefits it makes sense to retain an attorney to make sure you are receiving everything you are entitled to. Although medical and TTD benefits may be being paid now, once you reach MMI you will need the assistance of an attorney to ensure you receive a fair settlement. You may also be faced with the situation where the insurance company doctor has prematurely released you at MMI and you still need treatment.
Kansas personal injury lawyer / attorney representing clients in Topeka, KS, product work comp law firm - If you would like to schedule a free initial consultation regarding your personal injury case, please contact the Eschmann & Pringle, P.A at (800) 952-0566 or complete our inquiry form.