Which Injuries Qualify for Workers' Compensation Benefits in Kansas?
July 30, 2020
Workers' compensation laws are put in place to protect employees against work-related accidents. Under Kansas workers compensation law, workers who are involved in workplace accidents are entitled to receive benefits for their injuries, including medical costs, lost earning capacity, and vocational rehabilitation.
Our experienced attorneys at Slape & Howard can answer your questions regarding the injuries that qualify for workers' compensation benefits in Kansas. We will fight passionately to protect your rights and help you recover fair financial compensation for your workplace injuries. We proudly serve clients in Wichita, Kansas, and communities throughout the state.
Brief Overview of Workers' Compensation Laws in Kansas
The Kansas Workers' Compensation Act provides benefits for virtually all work-related injuries, on-the-job accidents, and occupational diseases, including carpal tunnel syndrome. However, some workers' compensation insurance providers may deny your claim on the grounds that:
The injury didn't happen at work
Negligent violation of your employer's workplace safety rules
Deliberate failure to protect yourself against the injury
Failure to report your injury in a timely manner
Participating voluntarily in fighting, roughhousing, horseplay, or practical jokes
Injury is from a pre-existing illness or medical condition
Employees only have 20 days to file a workers' compensation claim, and the deadline may not be extended. If you were successful with your workers' compensation case, your employer's insurance provider would settle the medical bills required to relieve the effect of the injury. However, you may only receive up to $500 if you choose an outside doctor for your medical treatments.
Furthermore, you may be eligible for 66% or two-thirds of your average weekly benefits, not exceeding $666.00. You may also receive up to:
$75,000 for certian injuries that do not result in wage loss;
$130,000 for certain injuries that result in a wage loss of 10% or more;
$155,000 if you are permanently and totally disabled from the work force
If you agree on a settlement with your employer, you may be able receive your claim's value fully and finally as a lump sum payment, a running award, or as a lump sum with future medical open.
What Type of Injuries Qualify for Workers' Comp Benefits in Kansas?
Workers' compensation laws in Kansas cover most accidental injuries, occupational diseases, physical injuries, and a limited amount of psychological injuries from on-the-job accidents. These include:
Physical injuries, such as spinal disc injuries, tendon tears, burns, ruptures, strains, welts, bone contusions, certain lacerations, bone fractures, skull fractures, brain injuries, amputations, and nerve conditions.
Carpal tunnel syndrome, spinal stress fractures, tendon tears, and other repetitive stress injuries
Occupational illnesses, such as mesothelioma, silicosis, pneumonitis, asbestosis, occupational asthma, and toxic inhalation injury
Psychological injuries in Kansas must be shown to be related to a physical trauma. If you are having psychological side effects form an on the job injury, it is highly recommended you speak to an experienced attorney.
How Legal Counsel Can Help
Workers' Compensation benefits are intended to offer healthcare benefits to employees who are hurt in a work-related accident. Unfortunately, the Kansas workers' compensation law is overly complicated, and not your friend. If you were injured on the job, you need a knowledgeable lawyer to protect your rights and help you understand your options.
Our experienced attorneys at Slape & Howard have devoted their careers to providing strong representation to clients in personal injury and workers' compensation matters. We will review your case, conduct a comprehensive investigation, and determine case-value. Our attorneys will fight passionately to protect your rights and attempt to help you recover your rightful compensation for your injuries.
Contact Slape & Howard today to schedule a one-on-one case assessment. We are proud to represent victims of workplace accidents throughout Wichita, Kansas.