Kansas Worker's Compensation - Help For Injured Kansas Workers

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  1. #1
    Join Date
    Jan 2012
    Posts
    10

    Default Work Comp Payment While Working "Light Duty"

    My question is as follows.........

    How are work comp payments computed while working "light duty"? Kansas maximum payment is $545.00 per week. If an injured worker returns to work under light duty their company paid wage is paid at 2/3 of the normal rate of pay. If the injured worker works 10 hours a week, 20 hours a week, etc. how does work comp determine what the worker's weekly portion of work comp pay would be?

    In the past the injured worker did work approximately 20 hours a week and still received the full $545.00 each week but when the injured worker performed more than 20 hours per week of work while on light duty the work comp payments dropped to approximately $389.00 per week.

    How is the work comp payment portion figured? An example of this computation would be very much appreciated!!!

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

    Default Re: Work Comp Payment While Working "Light Duty"

    There is a AWW/Average Weekly Wage calculated....TD/Temp Disability benefits are generally paid at 2/3's of the AWW subject to the max rate the AWW will support.
    If you are working, your wages would reduce the AWW, and you receive 2/3's of the difference between the max rate, and wages earned.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Work Comp Payment While Working "Light Duty"

    Benefits are 66.67 percent of the difference between the employee’s average gross weekly wage before the injury and the employee’s wage after the injury. Benefits may not exceed the state’s statutory
    maximum.

  4. #4
    Join Date
    Jan 2012
    Posts
    10

    Default Re: Work Comp Payment While Working "Light Duty"

    Correct me if I am wrong on the example below.........

    IW makes $20 per hour. IW returns to work on light duty so pay rate would be reduced by 2/3 which would be $13.33 per hour.

    IW works 20 hours at $13.33 per hour = $266.60 gross wage to be paid by employer
    IW was receiving $545.00 per week when off work completely and not working any hours.
    After IW worker works the 20 hours above and gets paid $266.60 by the employer, will the IW receive $545.00 less the $266.60 making IW's work comp payment $278.40???

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,050

    Default Re: Work Comp Payment While Working "Light Duty"

    I think it is based on pre-injury AWW, not the compensation rate.

    For example: PreInjury AWW = $820
    TTD Compensation rate = $545 (two thirds of $820 subject to state max comp rate)

    Post-injury gross earnings = $266.60 (The hourly rate does not really come into play. Look at the gross pay for the week.)

    Temp Partial payment = $820 - $266.60 = $553.40 (then multiply by 2/3 = $368.95)

    The TPD check would be for $368.95 in this example.

    I think this is how it is calculated, but check with a local lawyer or the state agency to make certain. BB
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  6. #6
    Join Date
    Jan 2012
    Posts
    10

    Default Re: Work Comp Payment While Working "Light Duty"

    This makes sense to me. I called the state agency and they were of no help to me. I will contact our lawyer to see if he can confirm your figures complwyr......thank you very much for your help!!!

  7. #7
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,050

    Default Re: Work Comp Payment While Working "Light Duty"

    I don't practice law in KS, so you will need to check with a KS lawyer.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  8. #8
    Join Date
    Aug 2014
    Posts
    5

    Default Re: Work Comp Payment While Working "Light Duty"

    Thank you for the information, I just got my first paycheck from work being on light duty and it was so low I had to look up the rules...As long as I get what I'm suppose to between the two of them, I don't care...We'll see...WC owes me about 9 full days plus diff when I started light duty mid last week after 3wks off...

    They've had trouble finding work for me and my arrogance in blowing out anything they gave me came back to bite me...I spent much of the first few days laying around, then they gave me 5 5gal buckets of nuts and bolts to sort, bam, they got me...AND made me sign a paper saying if I refused to do it, they'd terminate me...I signed and wrote "under duress" which the safety guy questioned, I told him I felt threatened that if I didn't perform this ridiculous task, I'd lose my job...They're making this get ugly and I have a lawyer, I'm ready, especially since I'm not getting any better, I still can not walk more than 100-150'...In PT today he tested me and I think I made it 112' before I stopped...

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