Kansas Benefits Vary From Other States
Workers’ compensation benefits vary from state to state. In Kansas, the benefits can include:
Medical benefits: An injured worker is entitled to all medical services reasonably necessary to cure and relieve the worker form the effects of the injury. However, the employer has the right to select the physician who will treat the injury. A worker may also see an unauthorized doctor up to a limit of $500. Reimbursement for medical mileage is allowed for round trips exceeding five miles. A worker may also request a change of physician.
When injured workers are denied necessary treatment or cannot get approval for important diagnostic tests, they call me, workers’ compensation attorney Tim Alvarez. For more than 30 years, I have helped clients obtain the workers’ compensation benefits they are entitled to receive under Kansas law.
Wage benefits: While you are unable to work because of the injury and under the doctor’s care, you may be entitled to weekly disability benefits. These benefits may also be available if your doctor releases you for light-duty work but your employer is unable to provide you with light duty. There is a one-week waiting period meaning this disability benefit is not available for the first week unless you are off work for 21 consecutive days. Your weekly disability benefit is 2/3 of your average weekly wage subject to a maximum.
Lump-sum payment: After you have completed medical treatment, you may be entitled to a settlement or award if you are left with a permanent impairment. Generally, the amount of your settlement or award will depend on your injury, your average weekly wage and your percentage of impairment. I do not rely on the opinion of the doctor selected by your employer or its insurance company to determine the amount of your impairment. Instead, I will have you evaluated by an independent physician not selected by your employer to get a second opinion as to your impairment. This generally results in my clients receiving a greater settlement or award.
You may be entitled to additional compensation if your injury results in you not being able to earn a comparable wage and perform prior job tasks. This is called work disability.
In Kansas, workers’ compensation benefits for partial disability are capped at $130,000 and benefits for total disability are capped at $155,000.
Death benefit: Survivors of an employee who died as a result of a work-related accident may be entitled to an initial lump-sum benefit of $40,000 followed by weekly benefits subject to a cap of $300,000. Funeral expenses up to $5,000 are also covered.
Future medical benefits and review and modification. Under Kansas law, I can keep open your right to future medical treatment for your injury under certain circumstances. This can be of great importance as health insurance may deny coverage on a work-related accident. Additionally, under Review and Modification, it is possible to retain the right to re-open you case later if your impairment increases and seek additional financial compensation.
Contact A Respected Kansas Workers’ Compensation Lawyer
To learn more about the workers’ compensation process and the benefits you are eligible to receive, please contact my office by email or call 913-371-1030 to arrange a free consultation. I represent clients in the Kansas City metropolitan area and throughout Kansas and Missouri.
The choice of a lawyer is an important decision and should not be based solely upon advertisements. This disclosure is required by rule of the Supreme Court of Missouri.