Clarke & Wilson, LLC
Work Injury - Know your rights!
No attorney-client
relationship is formed
by visiting this website.
Copyright 2008 by
Clarke & Wilson, LLC
This website is
maintained by
Stephanie J. Wilson
relationship is formed
by visiting this website.
Copyright 2008 by
Clarke & Wilson, LLC
This website is
maintained by
Stephanie J. Wilson
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If you are wondering whether or not retaining an attorney is in your financial
interests, you should know that according to a 2006 survey conducted by the
Kansas Department of Labor, workers compensation insurance companies paid out
on average four times as much in benefits to workers who were represented by
counsel than to those who were not represented by counsel. While every case is
different, and there is no guarantee that you will receive more money if you retain
an attorney, the statistics are significant.
What follows is basic information about workers compensation claims in Kansas.
If you would like additional information, please contact me for a free consultation.
Please note the information that follows does not form an attorney-client
relationship. I cannot represent you until we both have signed an agreement to that
effect.
If you have found your way to this website, you
are probably considering retaining an attorney.
You want to know what your rights are. I have
tried to explain your basic rights below. You
should know that if your employer has workers
compensation insurance, your employer already
has an attorney working to limit your benefits. I
use to work as one of those attorneys, but not
any more. Now I work mostly for injured
workers.
are probably considering retaining an attorney.
You want to know what your rights are. I have
tried to explain your basic rights below. You
should know that if your employer has workers
compensation insurance, your employer already
has an attorney working to limit your benefits. I
use to work as one of those attorneys, but not
any more. Now I work mostly for injured
workers.
Stephanie J. Wilson
WARNING – This website is not a substitute for a lawyer. Do not try to use this site as a do-it-yourself
guide. The information it contains may not be appropriate for your particular situation. If you attempt to use
the information on this site instead of hiring a lawyer you are setting yourself up for a potential disaster of epic
proportions.
When you are injured at work, you are generally entitled to payment for time missed from work, medical
treatment, and compensation for an injury that is permanent in nature. Each of these benefits are discussed
below.
1. TIME MISSED FROM WORK - TEMPORARY COMPENSATION
You may be entitled to weekly benefits in the form of Temporary Total Disability Compensation or Temporary
Partial Disability Compensation if your condition has not yet stabilized and the authorized treating physician (the
company’s doctor) has given you work restrictions that your employer cannot fully accommodate.
If the authorized or court ordered doctor prescribes physical therapy or other treatment, please note that you
are not eligible to receive temporary benefits for time missed from work to attend the physical therapy unless
the authorized doctor takes you off work. The same holds true for all doctor’s appointments. If you need to
miss work to see the doctor, do your best to work with your employer to avoid missing work. Some
employers have a policy of voluntarily paying you from time missed from work for authorized treatment but
they are not legally required to pay you for that time.
If you are temporarily totally disabled, meaning that you are completely unable to work for the time being
according to the authorized doctor, you are eligible for weekly benefits. However, please note there is a one
week waiting period before temporary benefits are owed. If the disability continues for three consecutive
weeks, you are entitled to reimbursement for the first week missed from work. Temporary total compensation
may not exceed $100,000 per injury.
The rate at which you are paid for time missed from work is based on two-thirds of your average weekly
wage. There is a specific formula used for calculating your wage. There are maximum rates of
compensation. Even if you were earning $1,000 per week when you were injured, the most you could receive
in weekly benefits for your injury would be, for example, $449 if you were injured on July 4, 2004 as that is
the maximum rate. If, on the other hand, if your average weekly wage was $500 per week and you were
injured on July 4, 2004, you would be entitled to a weekly benefit rate of two-thirds of that amount, or $330
per week (500 x 2/3 = 330). A table of maximum benefits is listed below.
2. MEDICAL
You are entitled to all reasonable medical treatment that may be needed to cure or relieve the effects of your
injury for the rest of your life. There is no cap on the amount of medical benefits you may receive. However,
your employer has the right to choose your treating physician.
a. Unsatisfactory Treatment
If you are not satisfied with the treatment you are receiving from the authorized doctor, you should consult
with an attorney. It is possible to have the treating physician changed if you can convince the court that the
care being provided is unreasonable. It would be difficult to be successful in changing physicians without the
assistance of counsel.
b. Medical and Prescription Bills.
You have up to $500 available to you to spend for unauthorized medical treatment by law. However, the
workers compensation carrier may not be required to pay for any medical expenses incurred in excess of $500
if you do not seek pre-authorization from the workers compensation insurance carrier first. If the workers
compensation insurance carrier or employer will not authorize the treatment you want, you should contact an
attorney.
If you are receiving bills for authorized treatment that the workers compensation carrier or employer do not
seem to be paying, know that you are protected against any legal action by bill collectors for unpaid medical
bills while your claim is pending. Sometimes the bill collectors are unaware of this. An attorney can help
protect you against these bill collectors.
c. Mileage.
You are entitled to mileage reimbursement for any round trip that exceeds five miles to a pre-authorized doctor’
s visit or physical therapy visit at the rate listed in the table below.
If you cannot drive or find a friend or loved one to drive you to your appointments, the workers compensation
carrier should make transportation arrangements for you.
3. BENEFITS FOR PERMANENT IMPAIRMENT.
Benefits for permanent impairment are generally not available until your medical condition has stabilized and is
unlikely to change over then next year. Once your medical condition has stabilized, the treating physician
should give an assessment of your permanent impairment, which is expressed as a percentage. This is called a
functional impairment rating. For example, the treating physician may state he or she believes you have a 5%
permanent impairment to your whole body for the injury you received to your back. This permanent
impairment acknowledges that you are probably as good as you are going to get from your injury but you are
not ‘all better.’
The calculation of your permanent impairment depends on what part of your body was injured, your average
weekly wage, and whether or not you are able to continue working in the same type of employment or whether
you are able to continue working at all. The caps on any potential benefits are as follows:
Unless there is an agreement to the contrary, your benefits are payable at your weekly compensation rate.
Thus, if you were awarded $75,000, you would receive that money over time at your weekly compensation
rate and not in a lump sum.
If you are able to continue working in the same job for the same amount of pay despite your injury, then your
benefits will be based upon a 'functional impairment rating.' Again, this is the degree of permanent impairment
a physician believes you may have from your injury. Usually, the workers compensation insurance carrier will
retain a physician to render a rating based upon their reputation for giving low ratings which translates into
lower benefits for you. An attorney can help you decide whether or not it is in your best interest to obtain a
second opinion from a different physician regarding your degree of permanent impairment. If you were to
retain me as your attorney and if we were to decide together that it was in your best interest to obtain a second
opinion regarding your permanent impairment, I would advance the cost of obtaining that opinion on your
behalf and you would not have to pay me back until you received benefits in your case.
Your functional impairment benefits are dependent upon the area of your body that was injured. If the area of
your body that is injured is listed on the schedule below, you have a 'scheduled' injury. If your injury is not on
the schedule, such as injury to your head or back, you have a 'non-scheduled' injury.
If you are interested in playing with the calculation of your potential benefits for a scheduled injury, i.e., an
injury to a body part listed above, click here.
On the other hand, if you have a non-scheduled injury, i.e., an injury to a body part not listed above and you
want to play with the calculation of your potential benefits, click here.
If your injury prevents you from engaging in any type of substantial and gainful employment, you may be
entitled to permanent total disability benefits in the amount of $125,000. Any benefits you receive other than
medical benefits, such as temporary total disability compensation, will be subtracted from the total amount.
Under special circumstances, if you have a non-scheduled injury that prevents you from earning 90% of your
pre-injury wages, you may be entitled to benefits based upon permanent partial general disability, or what is
commonly known as 'work disability'. There are special calculations for determining your percentage of
impairment in these types of cases. Your percentage of impairment is based not on functional loss but instead
on your percentage of wage loss averaged together with your percentage of task loss. If you think you have a
work disability case, I strongly suggest that you take the time to consult with an experienced workers
compensation attorney before entering into a settlement agreement.
TIMING
Do not delay in reporting your accident to your employer. Please report any accidents that occur at work to a
supervisor right away.
Within 200 days of the date of accident or date of last payment of compensation for disability or date of last
authorized medical care, tell your employer in writing that you expect workers compensation benefits for your
injury. Your employer might know you were hurt and compensation may be paid, however, you could lose all
rights to future compensation if you do not tell the employer in writing. This is called a Written Claim for
Workers Compensation. Click here for a form you can use to notify your employer. A written claim may be
served in person by taking it to the employer to complete, sign, date top half and return it to injured worker
(injured worker completes bottom half), or by mailing it to the employer by certified mail, return receipt
requested. The post office receipt for the certified letter is generally sufficient proof that you submitted a
written claim.
There are additional time limits to worry about. To proceed with your case, you must file an application for
hearing with the director of workers compensation within 3 years of the date of accident or within 2 years of
the date of the last payment of compensation, whichever is later. You then have 5 years to try your case to the
ALJ.
If you retain me as your counsel, I will make sure that your time deadlines are met.
CONCLUSION
Should you hire an attorney? I don't know you and therefore I can't answer that question. However, I can tell
you that you have everything to gain and nothing to loose by talking to me about your case. Consultations are
completely confidential. The consultation is free. I am not interested in taking your case unless I can do
something worthwhile for you. A good result for me is a client who feels he or she benefited from my
services.
Stephanie J. Wilson
guide. The information it contains may not be appropriate for your particular situation. If you attempt to use
the information on this site instead of hiring a lawyer you are setting yourself up for a potential disaster of epic
proportions.
When you are injured at work, you are generally entitled to payment for time missed from work, medical
treatment, and compensation for an injury that is permanent in nature. Each of these benefits are discussed
below.
1. TIME MISSED FROM WORK - TEMPORARY COMPENSATION
You may be entitled to weekly benefits in the form of Temporary Total Disability Compensation or Temporary
Partial Disability Compensation if your condition has not yet stabilized and the authorized treating physician (the
company’s doctor) has given you work restrictions that your employer cannot fully accommodate.
If the authorized or court ordered doctor prescribes physical therapy or other treatment, please note that you
are not eligible to receive temporary benefits for time missed from work to attend the physical therapy unless
the authorized doctor takes you off work. The same holds true for all doctor’s appointments. If you need to
miss work to see the doctor, do your best to work with your employer to avoid missing work. Some
employers have a policy of voluntarily paying you from time missed from work for authorized treatment but
they are not legally required to pay you for that time.
If you are temporarily totally disabled, meaning that you are completely unable to work for the time being
according to the authorized doctor, you are eligible for weekly benefits. However, please note there is a one
week waiting period before temporary benefits are owed. If the disability continues for three consecutive
weeks, you are entitled to reimbursement for the first week missed from work. Temporary total compensation
may not exceed $100,000 per injury.
The rate at which you are paid for time missed from work is based on two-thirds of your average weekly
wage. There is a specific formula used for calculating your wage. There are maximum rates of
compensation. Even if you were earning $1,000 per week when you were injured, the most you could receive
in weekly benefits for your injury would be, for example, $449 if you were injured on July 4, 2004 as that is
the maximum rate. If, on the other hand, if your average weekly wage was $500 per week and you were
injured on July 4, 2004, you would be entitled to a weekly benefit rate of two-thirds of that amount, or $330
per week (500 x 2/3 = 330). A table of maximum benefits is listed below.
2. MEDICAL
You are entitled to all reasonable medical treatment that may be needed to cure or relieve the effects of your
injury for the rest of your life. There is no cap on the amount of medical benefits you may receive. However,
your employer has the right to choose your treating physician.
a. Unsatisfactory Treatment
If you are not satisfied with the treatment you are receiving from the authorized doctor, you should consult
with an attorney. It is possible to have the treating physician changed if you can convince the court that the
care being provided is unreasonable. It would be difficult to be successful in changing physicians without the
assistance of counsel.
b. Medical and Prescription Bills.
You have up to $500 available to you to spend for unauthorized medical treatment by law. However, the
workers compensation carrier may not be required to pay for any medical expenses incurred in excess of $500
if you do not seek pre-authorization from the workers compensation insurance carrier first. If the workers
compensation insurance carrier or employer will not authorize the treatment you want, you should contact an
attorney.
If you are receiving bills for authorized treatment that the workers compensation carrier or employer do not
seem to be paying, know that you are protected against any legal action by bill collectors for unpaid medical
bills while your claim is pending. Sometimes the bill collectors are unaware of this. An attorney can help
protect you against these bill collectors.
c. Mileage.
You are entitled to mileage reimbursement for any round trip that exceeds five miles to a pre-authorized doctor’
s visit or physical therapy visit at the rate listed in the table below.
If you cannot drive or find a friend or loved one to drive you to your appointments, the workers compensation
carrier should make transportation arrangements for you.
3. BENEFITS FOR PERMANENT IMPAIRMENT.
Benefits for permanent impairment are generally not available until your medical condition has stabilized and is
unlikely to change over then next year. Once your medical condition has stabilized, the treating physician
should give an assessment of your permanent impairment, which is expressed as a percentage. This is called a
functional impairment rating. For example, the treating physician may state he or she believes you have a 5%
permanent impairment to your whole body for the injury you received to your back. This permanent
impairment acknowledges that you are probably as good as you are going to get from your injury but you are
not ‘all better.’
The calculation of your permanent impairment depends on what part of your body was injured, your average
weekly wage, and whether or not you are able to continue working in the same type of employment or whether
you are able to continue working at all. The caps on any potential benefits are as follows:
Unless there is an agreement to the contrary, your benefits are payable at your weekly compensation rate.
Thus, if you were awarded $75,000, you would receive that money over time at your weekly compensation
rate and not in a lump sum.
If you are able to continue working in the same job for the same amount of pay despite your injury, then your
benefits will be based upon a 'functional impairment rating.' Again, this is the degree of permanent impairment
a physician believes you may have from your injury. Usually, the workers compensation insurance carrier will
retain a physician to render a rating based upon their reputation for giving low ratings which translates into
lower benefits for you. An attorney can help you decide whether or not it is in your best interest to obtain a
second opinion from a different physician regarding your degree of permanent impairment. If you were to
retain me as your attorney and if we were to decide together that it was in your best interest to obtain a second
opinion regarding your permanent impairment, I would advance the cost of obtaining that opinion on your
behalf and you would not have to pay me back until you received benefits in your case.
Your functional impairment benefits are dependent upon the area of your body that was injured. If the area of
your body that is injured is listed on the schedule below, you have a 'scheduled' injury. If your injury is not on
the schedule, such as injury to your head or back, you have a 'non-scheduled' injury.
If you are interested in playing with the calculation of your potential benefits for a scheduled injury, i.e., an
injury to a body part listed above, click here.
On the other hand, if you have a non-scheduled injury, i.e., an injury to a body part not listed above and you
want to play with the calculation of your potential benefits, click here.
If your injury prevents you from engaging in any type of substantial and gainful employment, you may be
entitled to permanent total disability benefits in the amount of $125,000. Any benefits you receive other than
medical benefits, such as temporary total disability compensation, will be subtracted from the total amount.
Under special circumstances, if you have a non-scheduled injury that prevents you from earning 90% of your
pre-injury wages, you may be entitled to benefits based upon permanent partial general disability, or what is
commonly known as 'work disability'. There are special calculations for determining your percentage of
impairment in these types of cases. Your percentage of impairment is based not on functional loss but instead
on your percentage of wage loss averaged together with your percentage of task loss. If you think you have a
work disability case, I strongly suggest that you take the time to consult with an experienced workers
compensation attorney before entering into a settlement agreement.
TIMING
Do not delay in reporting your accident to your employer. Please report any accidents that occur at work to a
supervisor right away.
Within 200 days of the date of accident or date of last payment of compensation for disability or date of last
authorized medical care, tell your employer in writing that you expect workers compensation benefits for your
injury. Your employer might know you were hurt and compensation may be paid, however, you could lose all
rights to future compensation if you do not tell the employer in writing. This is called a Written Claim for
Workers Compensation. Click here for a form you can use to notify your employer. A written claim may be
served in person by taking it to the employer to complete, sign, date top half and return it to injured worker
(injured worker completes bottom half), or by mailing it to the employer by certified mail, return receipt
requested. The post office receipt for the certified letter is generally sufficient proof that you submitted a
written claim.
There are additional time limits to worry about. To proceed with your case, you must file an application for
hearing with the director of workers compensation within 3 years of the date of accident or within 2 years of
the date of the last payment of compensation, whichever is later. You then have 5 years to try your case to the
ALJ.
If you retain me as your counsel, I will make sure that your time deadlines are met.
CONCLUSION
Should you hire an attorney? I don't know you and therefore I can't answer that question. However, I can tell
you that you have everything to gain and nothing to loose by talking to me about your case. Consultations are
completely confidential. The consultation is free. I am not interested in taking your case unless I can do
something worthwhile for you. A good result for me is a client who feels he or she benefited from my
services.
Stephanie J. Wilson
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