Frequently Asked Questions

What you need to know about Workers' Compensation

Frequently Asked Questions

This web page is provided for information purposes only. Rules for workers’ compensation cases change frequently. You should consult an attorney about your individual case.

What should I do if I am injured on the job?

You should immediately notify your employer. If your employer has designated someone as the person to whom to report this injury do so at once. You should make a written claim for compensation immediately. Note any witnesses to the accident. If you need medical attention ask your employer to provide that for you immediately.

If I am injured where should I go for treatment?

If you are injured and need treatment you should notify your employer at once and ask that your employer provide you with medical treatment. Under Kansas Workers’ Compensation law your employer is required to provide you with medical treatment necessary but is also allowed to direct your medical treatment. Be clear with your employer that you were injured at work and that you are requesting medical treatment because of the injury. If your employer refuses to provide it to you, document that. If it is an emergency you should seek medical help anyway. Please contact an attorney as quickly as possible to help you get the medical treatment you deserve.

Am I entitled to lost wages?

You may be entitled to a portion of your lost wages. If your doctor takes you off work or gives you restrictions that your employer is not able to meet, you may be titled to what is called “temporary total disability.” You are entitled to the first week off of work as soon as you have been off for three consecutive works. The amount of temporary total disability is calculated two-thirds of the average weekly wage that you have gotten for the last 26 weeks.

Some injuries you may also be entitled to “temporary partial disability” if you are able to work but are making as much as you made before you were injured because of your injury.

Will I lose my job because I was injured?

Employers are not permitted to fire or reprimand their employees for filing a workers’ compensation claim. If an employer does that it would subject them to the possibility of an unlawful termination claim. We have filed several of these claims and will aggressively pursue anyone who retaliates against an employee for filing a workers’ compensation claim.

Can I sue my employer?

Generally workers’ compensation is the only remedy for job related injuries. They generally may not file a lawsuit against your employer. You are generally limited to the remedies under the Workers’ Compensation Act. There are some specific and rare circumstances where you can sue your employer.

Can I get a second opinion from another doctor?

Yes, you are entitled to a second opinion. Under Kansas Workers’ Compensation law you are entitled to $500.00 in what is “unauthorized medical.” This means that the employer is responsible for up to $500.00 to pay for a second opinion or any other sort of medical bills that was not authorized by the employer.

We typically send our clients to another doctor to make sure that our clients have gotten all the treatment that they need. We also send our clients to other doctors to make sure that they have received a fair rating and get the compensation to which they are entitled.

What is a rating?

The American Medical Association has put out guidelines to determine what sort of permanent impairment a person has after receiving different injuries. The sort of impairment you have is called a “rating.” The amount you are paid before the injury determines how much you will ultimately receive.

Will I have to go in front of a jury?

Workers’ compensation cases are decided by Special Workers’ Compensation Judges. If we cannot come to a settlement that you agree upon the other side, you are entitled to a hearing in front of the workers’ compensation judge.

What if I need medical treatment after I receive a settlement?

In general, if you can prove that it is more likely then not that you will need additional medical treatment in the future, you will be awarded that.

How much does it cost to hire an attorney for workers’ compensation cases?

Attorney’s fees are capped at 25% of the amount you receive. There is no fee on medical expenses paid. There is absolutely no cost for consultations.

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