Whether you suffer from a sprain/strain injury, back injury, neck injury or other bodily injury the Kansas Workers Comp system can become very complicated. You already have suffered a trauma, don’t let the system create more stress and worry. You should know that in addition to paying the medical bills of the authorized medical provider, you should get weekly checks while off work and money for permanent disability. Here are a few definitions that might help you as an injured person trying to make sense of the system. This is not a complete explanation of how the benefits might apply to your case.
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Kansas Worker’s Compensation benefits are for those injured on the job. But the workers compensation process is not automatic. There are many time limits and deadlines, some as short as just a few days. If you miss a deadline, you may accidentally lose all your workers comp benefits. Even when you miss a deadline there are exceptions that you might be able to use. The Kansas Workers Comp benefits are sometimes difficult to figure out. You need to know that you are getting the full benefits you are entitled to under the law. Often, they make mistakes that can hurt you and your family. There are tactics and strategies that we can use to make sure you and your family get all the benefits the law allows.
In Kansas Workers Comp the employer or its insurance company is responsible for all medical treatment necessitated by a job-related injury or disease. However, the employer is legally entitled to choose the treating physician. If an employee self-selects a physician who is not authorized or agreed upon by the employer, the employer is responsible for only the first $500 in medical bills.
If you are unable to work after an injury you may be entitled to what is called TTD or temporary total workers comp disability checks in the Kansas Workers Compensation system. One is temporarily totally disabled when on account of injury he or she is unable to engage in any type of substantial and gainful employment. There is a one-week waiting period before TTD benefits are paid. If the disability continues for three consecutive weeks, the employee is paid for the first week. Benefits are 2/3s of the average gross weekly wage, subject to certain limits in the statute. You will need to provide your workers comp lawyer with information about your wage for the 26 weeks prior to the injury so we can make sure the benefit is properly calculated.
If you return to any employment at a wage less than the pre-injury wage you may be entitled to what is called TPD or temporary partial workers comp disability checks. Kansas Workers Compensation Benefits are 2/3s of the difference between the employee’s average gross weekly wage before the injury and the employee’s wage after the injury.
You may be entitled to Kansas Workers Comp for what is called permanent partial workers compensation disability payments. This is when you have a disability but it is partial in nature but permanent. There are several different types of compensation that might apply to your case. Compensation is different for what is called scheduled injuries as opposed to general body disability. Scheduled injuries are injuries to particular parts of your body and are listed in a chart referred to as a schedule. If your injury is not on the list of scheduled injuries your disability would be considered general body. There is also a difference between what is called functional as opposed to work disability. Functional disability measures how the injury has resulted in disability to your body. Work disability measures how this injury has limited your work ability. Not all cases get a work disability, however. Permanent partial disability compensation is based on the greater of the following: the percentage of functional impairment (functional disability); or, if the employee had to take a 10% or more cut in pay, they may be entitled to a work disability which is the employee’s reduced ability to perform work tasks and earn wages comparable to what they were earning before the injury. A post-injury wage loss of more than 10% may qualify the employee for what is called a Work Disability which is calculated based upon an average of the percent wage loss and the loss of the ability to perform work tasks. Often experts are used to calculate the work task loss. Another type of payment is called Permanent Total disability. When you hire us as your workers comp lawyer we will gather the necessary information, file the paperwork and conduct the court hearings so that you will get your benefits. Call us now at 785-273-4330.
Kansas Workers Comp weekly benefits are equal to 2/3s of the employee’s average gross weekly wage before death subject to certain limits in the statute. There is a minimum death benefit and a maximum benefit. The minimum is 50 percent of the state’s average weekly wage in effect on the date of accident. Total compensation benefits may not exceed $300,000, unless benefits are being paid to a dependent child under the age of 18. Funeral expenses up to $5,000 and all medical and hospital expenses related to the fatal injury are also paid. Where required, the employer shall pay the costs of a court-appointed conservator not to exceed $1,000. An initial payment of $40,000 must be made to the surviving legal spouse or wholly dependent children or divided among them, 50 percent to the surviving legal spouse and 50 percent to the dependent children. This initial payment is supposed to be paid immediately. If an employee is survived by a spouse but no dependent children, the spouse receives the entire weekly benefit. If an employee is survived by a spouse and children, the weekly benefit is paid half to the spouse and half to the children. If an employee is survived only by children, the weekly benefit is divided equally among the children. Dependent children receive benefits until age 18, or until age 23 if they are full-time students or mentally or physically disabled, unless the $250,000 cap is reached. If survivors’ benefits are paid to the spouse and/or children, they may not be paid to any other beneficiaries. In the case of unmarried employees leaving no dependent children, any other dependents who were wholly or partially dependent upon the employee may receive compensation. Dependents other than spouse or children may collect weekly benefits subject to the maximum of $18,500, until they die, remarry or receive more than 50 percent of their support from another source.
If the employee leaves no spouse, dependent children or other dependents either wholly or partially dependent upon the employee, a lump sum payment of $25,000 shall be made to the legal heirs of the employee.
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