Kansas Worker's Compensation - Help For Injured Kansas Workers

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  1. #1
    Join Date
    May 2008
    Location
    kansas
    Posts
    214

    Default Maximum Settlement

    i have been looking around on the net about settlements. and the max that you can get.

    my question is when you do get a settlement(if) the max limits that are set by your state how does that work or in other words say that you have several things wrong with you lets just say for agugument sakes that you have a bad back with 25% dis, and a bad shoulder with 40% dis and say you lost some of your hearing 40% and have mental things going on say ptsd, and it just wont go away and you have lifting restrictions, to no more than oh i dont know lets just say 5 pounds.

    is each injury a seperate settlement or is it all wrapped up into one.

    somewhere i read on ks-dis charts that the max is 125,000 for disability. i just didnt understand how this worked. i went to ks web site and used the calculator and ran some numbers on it, but it really didnt give much help(even though it says "click here for help" and it doesnt tell you much,
    so i just thought i would throw this one out and see if anyone knows how it works, cause its got me confused.

    i know the above is exteme, but im just wondering how all of this works, cause my attorney told me that even with a death involved that the most he could get was 250,000 so im a little confused

    thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Settlement

    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.

    Compensation
    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. For example, if the date of your injury is August 21, 2006, the maximum weekly benefit you could receive would be $483. The actual amount you receive is the lesser of two amounts: either two-thirds of your gross average weekly wage; or, the maximum in effect at the date of the injury. This effective maximum does not change over the life of your claim, even though the maximum benefit level for each new 12-month interval usually increases by a small amount.

    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.
    There are statutory limits on PPD compensation...as with most PD...
    How your state handles multiple ratings is determined by statute/rule as well...
    In the end, your injury and resultant PD will come down to ONE PPD % rating and that will be the bais for an ''award''...
    Here is a schedule of benefits for TTD/TPD PPD etc..http://www.dol.ks.gov/WC/html/kwc107(Rev-07-08).pdf

    As a 'settlement'... there isn't anything that guarantees a lump sum payment to settle your claim..
    The PPD indemnity could be allowed to pay out over time...up the the 415 weeks at your qualifying rate... and the medical entitlement remain open for as long as medical is necessary.

    IF you were to receive a lump sum for your injury, the max amount you are entitled to would be converted to ''todays dollars'' or possibly less...a C&R is basically the parties agreeing to a dollar amount that will entice the ER/IC to pay you off, and at the same time allow for you to 'walk away'...claim closed.
    The ombudsman unit can explain how your state handles mulitiple ratings... though they are not subject to multiple settlements...you have one claim for benefits due to one claimed injury...even though there may be multiple ''body parts'' involved...the final rating will calcualte to ONE Whole Person Impairment...

    Ombudsman Unit
    Kansas Department of Labor
    Workers Compensation
    800 SW Jackson, Suite 600
    Topeka, KS 66612-1227
    (785) 296-2996 or (800) 332-0353.

    Everyone wants to get a handle on about how much you can expect to receive for sustaining a work injury... and as a rule you could come pretty close... but also know, that in WC there are no huge compensations in settlement like on TV...

  3. #3
    Join Date
    May 2008
    Location
    kansas
    Posts
    214

    Default Re: Settlement

    ok i guess that helps, still confused but i'll deal with it,. i'll try and talk to my lawyer next week and see if that helps

    thanks

  4. #4
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    418

    Default Re: Settlement

    Candyman

    As you know I am from your area in Kansas. I will share with you what I have learned from my attorney.

    Each body part has a rating. Upper and lower extermities are scheduled ratings and backs and shoulders are whole body.

    For example my injuries include:
    Left knee replacement with a rating of 35%
    Right knee injury with a rating of 5 %
    Back injury which I am not yet at MMI or rated which will equal a whole body rating.

    The max award in Kansas is $125,000.00, according to my attorney a person that is not ambulatory and in a wheel chair is one that would qualify for that amount.

    In Kansas there is also what is called a "work disability" My friend a nurse at a local hospital was injured at work and recently was terminated from employment by the hospital. According to her attorney she will qualify for a work disability which is additional award money.

    To findout specific information about a work disability do a search "work disability job loss".

    Hope this helps.
    Lynn

  5. #5
    Join Date
    May 2008
    Location
    kansas
    Posts
    214

    Default Re: Settlement

    lynn, thanks so much. that really helps alot. BiVa explained it in wc terms and you took it to another level where it made more sense. i had not heard of a work disabiltiy but i will search it out and see what i find.

    thanks again for the help and i hope things are going well with you.

    good luck
    candyman

  6. #6
    Join Date
    May 2008
    Location
    kansas
    Posts
    214

    Default Re: Settlement

    i tried to google the workmans disability job loss but came up empty handed. couldnt find anything really that made any sense at all

    im assuming you mean that if you get fired or lose your job or whatever the case may be that it basically means there is some money there to help you recover until you find another job

    i put a post up in "EMPLOYMENT" about losing your job or should i say after 12 weeks of FMLA runs out that your employer doesnt have to hold your job anymore but if i remember right and i dont know if this is just for kansas or if its for everystate but i thought that they were not required by law to hold your job at all.

    so i am assuming that it is up to your employer whether or not you have a job or not when you are RTW. maybe whether they really like you or not or if they really need you for that job.

    I know that at my job, its not easy to find a good person to do the work, and i knew my job well really well, but i was replaced the min i was injured and havent been contacted at all by them since. but management hated me anyway so im guessing that they dont want me back, OH WELL what can i say. not much i can do.

    Like i said eariler, i dont think there is any law saying they have to hold your job while your out I dont know.

  7. #7
    Join Date
    Aug 2008
    Location
    west side
    Posts
    237

    Default Re: Settlement

    I found that reading the company manual for my company in the case of FMLA and work comp they DO CONTINUE PAYING FOR MY FAMILY MED INS

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