Workers compensation is the system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, and any retraining necessary to restore them to the workforce.
If workers are killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.
Employers in Kansas are required by law to provide workers compensation insurance for their employees. This insurance may be provided through a private insurance carrier, or employers may self-insure. Employers with a total gross annual payroll of less than $20,000.00 do not have to buy workers compensation insurance.
Kansas workers compensation provides full medical benefits to employees, with no time or monetary limits. However, the employer is permitted to select the physician who will provide care.
Payments must be made for temporary total disability as a percentage of the worker's wage. Payments continue for the duration of the disability, capped at a stipulated total amount payable. Benefits may be offset unemployment insurance and Social Security benefits.
Permanent total disability payments are based on a percentage of the worker's wage and continue for the duration of the disability. Benefits may be offset by Social Security benefits and Unemployment Insurance benefits.
Permanent partial disability payments are based on a percentage of wages, and payments for permanent partial disability can be continued for up to 415 weeks.
Some awards are paid after the termination of total temporary disability benefits. They are typically reduced because of the receipt of the total temporary disability benefits.
Workers compensation laws in Kansas may provide for benefits for disfigurement resulting from amputation. Physical and vocational rehabilitation benefits are also available. Within stipulated constraints and filing deadlines, compensation for occupational hearing losses may be available.
An employee's surviving spouse, or spouse and children may collect death benefits based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings, and a burial allowance is available.
Kansas workers compensation laws stipulate that attorney fees for claimants are limited to 25%.