The Kansas Workers' Compensation Process
Guidance from Trusted Kansas City Workers’ Comp Attorneys
The Kansas and Missouri workers' compensation systems are similar in
many ways. However, there are several important differences. To understand
your rights as an injured worker who has suffered an on-the-job workplace
injury in Kansas, you should speak with an attorney who is well-versed
in Kansas workers' compensation law.
William G. Manson at the law firm of
Adler & Manson has years of experience representing injured Kansas workers. Mr. Manson
works tirelessly to help his clients obtain all of the workers' compensation
benefits they are entitled to receive, including benefits for medical
care and rehabilitation services.
For answers to your questions, call Adler & Manson at (816) 399-2283 today.
Understanding the Kansas Workers' Compensation Process
No two workers’ compensation claims are exactly the same, but all
of them must go through the same submission and vetting process. If there
are complications or other factors to consider, these could also affect
how your claim is processed and considered.
A basic outline of the Kansas
workers' compensation process is as follows:
- You must notify your employer within 10 days of a workplace accident, though
there are some exceptions to this rule. You must also file a written claim
within 200 days of the accident.
- You are entitled to wage loss benefits totaling two-thirds of your gross
average weekly wage, up to a certain limit. This limit changes each year.
- Your employer has the right to select the doctor who provides treatment.
Employers prefer to select doctors who tend to minimize the extent of injuries.
- You have the right to obtain a second medical opinion. This will be largely
at your expense, though the employer's insurance company is liable
for up to $500 for this service.
- Adler & Manson can direct you to a physician who can perform a second
objective medical evaluation. This is often the key to obtaining a fair
disability rating and benefits.
- If you must travel five or more miles for medical treatment, you will be
reimbursed at a rate of $.57 per mile.
- If you sustained an injury to a very specific part of your body such as
an eye, finger or hand, you have a "scheduled injury." There
are specific rules that specify the amount of compensation you receive
for a scheduled injury.
- On the other hand, if you have sustained a "nonscheduled injury,"
you may be able to obtain higher compensation. Injuries to the back or
neck are considered nonscheduled injuries.
- In some nonscheduled injury cases, Kansas provides for "work disability"
benefits, to make up for the loss of ability to earn the same wages the
worker earned before the injury. This can significantly increase the benefits
you receive over the life of your claim.
- Kansas does not have a second injury fund. This means that you cannot receive
benefits based on a disability incurred prior to your most recent injury.
At some point, the workers' compensation insurance company may offer you a
lump-sum settlement. If you accept, this will terminate your claim and the insurance company's
responsibilities to you. Adler & Manson can review your case and advise
you whether to accept the settlement offer or keep your claim open.
- If your injury was caused by the negligence of a third party or the failure
of your employer to follow work safety rules, you may be able to obtain
compensation above that which you receive from the workers' compensation
system. Adler & Manson will aggressively represent you in any third-party claim.
The Kansas workers' compensation system is complex, and without experienced
legal representation, you may not get the benefits you deserve. Adler
& Manson will be your strong advocate, working hard to help you obtain
all of the benefits and compensation you deserve.
Ready to begin the process? Start today by requesting a
free case evaluation.