Worker’s
Comp Frequently Asked Questions
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| Q:
What benefits am I entitled to under workers’
compensation? |
| A:
Three main benefits are guaranteed under Work Comp: |
- Medical
Treatment & Mileage:
If you are injured on the job, you are entitled
to all medical treatment that may be needed
to cure or relieve the effects of the injury.
Under the law, your employer has the right to
choose the treating physician. If you seek treatment
from a doctor not authorized or agreed upon
by your employer, your employer or its insurance
company is only liable up to $500 toward such
medical bills (this is not applicable for Missouri
claims, only Kansas. Missouri claims do not
have this option). You do have the right to
apply to the Director of Workers Compensation
for a change of doctor. As an employee injured
on the job, you are generally entitled to mileage
reimbursement for trips to see a physician for
distances in excess of five miles for the round
trip. If you must hire transportation, this
can also be reimbursed.
- Lost
Wages (also called Temporary Total Disability):
Temporary Total Disability is paid when the
employee, due to an injury, is unable to engage
in any type of substantial and gainful employment.
Benefits are paid for the duration of the disability,
or for however long a doctor says the worker
is unable to work. Kansas workers compensation
law requires that an employer or its insurance
carrier pay an injured employee two-thirds of
the employee’s gross average weekly wage
up to the amount of the applicable maximum benefits
listed below. To find the appropriate maximum,
look in the schedule
for the range of dates that would contain the
date of your injury, and then go to the right
to find the maximum dollar amount of the benefit.
Weekly compensation is payable
at the applicable rate until the doctor releases
you to return to work. In no case can such
payments exceed a total of $125,000 for permanent
total or $100,000 for permanent partial or
temporary disability.
- Disability
and Death Compensation Benefits:
Temporary Total Disability is paid when the
employee, due to an injury, is unable to engage
in any type of substantial and gainful employment.
Benefits are paid for the duration of the disability.
See above for an explanation of how these benefits
are calculated.
Permanent Total Disability
is paid when the employee, due to an injury,
has been rendered completely and permanently
incapable of engaging in any type of substantial
and gainful employment. The loss of both eyes,
both hands, both arms both feet, or both legs,
or any combination thereof, in the absence
of proof to the contrary, shall also constitute
a permanent total disability.
Permanent Partial Scheduled
Disability is paid when the employee sustains
complete or partial loss of use of a body
part, such as an arm, due to a job-related
injury. Compensation is limited to a percentage
of the scheduled number of weeks.
Permanent Partial General
Disability is paid when the employee sustains
permanent partial disability not specifically
covered by the schedule. Compensation is based
on the percentage of disability remaining
after recovery and is limited to 415 weeks.
Survivors’ Benefits
are paid to an employee’s surviving
spouse and dependent children if death occurs
as a result of injury. Burial expenses up
to $5,000 are also covered.
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| Q:
My employer has denied my workers compensation benefits.
What do I do now? |
| A:
Time is NOT on your side. You should call an attorney
RIGHT AWAY, as there are very strict timeframes
to meet in workers compensation cases. Failure to
properly process your claim may jeopardize it and
you may lose the claim in its entirety. Call today
for a free consultation. |
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| Q:
I don’t like the medical care i am receiving
by workers compensation. What can I do? |
| A:
You can apply for a change of doctors in some circumstances,
or get a second opinion. Call to discuss these options. |
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| Q:
Should I hire a lawyer who specializes in workers
compensation, or just go to my/our family lawyer? |
| A:
Workers compensation is a VERY specialized field.
Much like the medical profession, you should go
to a specialist. You would not want a doctor who
is a general practitioner doing complex surgery,
and the same goes for handling a work comp case.
A general practitioner may be able to get the basics
done, but to maximize your results, you need a specialist. |
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| Q:
Does it cost me anything to hire a lawyer to represent
me in my workers compensation case? |
| A:
Not a dime. I don’t get paid until the case
is resolved in its entirety. |
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| Q:
What is the fee my lawyer will charge me? |
| A:
If I take your case, it is on a contingency basis
of 25% of the permanent impairment award I am able
to get for you. The same fee mandated by law, and
the fee will be reviewed by an independent work
comp judge as to its reasonableness. If you are
a member of a Union, I offer reduced fees, so call
to discuss. |
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| Q:
Why should I hire a lawyer? Won’t I get more
money in the end if I just go without one? |
| A:
You should absolutely hire a lawyer. Studies have
shown that the eventual recovery by claimants who
are represented by counsel are between 30% to 50%
higher than in cases where the Employees are acting
pro se (without a lawyer). This is even AFTER deducting
attorney’s fees and expenses. Additionally,
I will expedite the case to its resolution, and
make sure you get everything the law entitles you
to. My motto is “GET THE COMPENSATION YOU
DESERVE”! |
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| Q:
What can I expect my lawyer to do for me if I do
decide to hire one? |
| A:
I will make sure all the time mandated worker’s
comp filings are processed, and work to make sure
you get the best medical care possible. If benefits
are denied, I will get the case to trial as quickly
as possible. I will assure that you get the right
amount of lost wage benefits, and in the end make
sure I maximize your lump sum. Basically, I form
a partnership with my clients, and together we work
through the case. |
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| Q:
I am done with my medical treatment and am still
having problems/pain. What can I do now? |
| A:
I will get a second opinion from a doctor and demand
that the work comp carrier provide the treatment.
If denied, I will take the case to trial as quickly
as possible. |
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| Q:
My employer will not take me back to my previous
job now that I am released from medical treatment.
What do I do now? |
| A:
Depending on your circumstances, you may have rights
outside the workers comp area (age discrimination,
ADA claims, etc.). You may also qualify for work
disability or vocational rehabilitation. |
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| Q:
Can I discuss my case without charge or obligation? |
| A:
Yes, there is no charge or obligation to discuss
your work comp case with me. Call today. |
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