Legal Question in Workers Comp in Kansas
Quit job before disability rating
I've had a wc cervical injury since 3/2005, however have had nothing done with my case in months. My employer will not let me come back since my dr. had provided a note that he didn't want me to return until issues have been resolved. The Court ordered dr. had released me to work several months ago, but still here I sit. I've been instructed I can't find work elsewhere until the disability rating, can I work as a Temporary Employee with companies until this is resolved? I would't be quitting my job, just working elsewhere until this is resolved as I have no monies coming in. I still haven't been paid workers compensation since the court ordered dr. had released me back to work. I can't stand not working and planned on changing employers once this was settled.
2 Answers from Attorneys
Re: Quit job before disability rating
Under Kansas law, the employer can quit paying TTD when the treating doctor has released you. At that point the employer should either put you back to work by accomodating any permanent restrictions or tell you that it cannot accomodate your restrictions. If the employer does not return you to work earning at least 90% of your wages at the time of the injury, you have a work disability, which is usually worth much more than a bodily disability. What I do not understand is what "issues" your doctor says must be resolved. THis needs to be cleared up now. There is no reason you should wait months for a resolution. Your employer is taking advantage of you.
You need to consult with an attorney. Please let me know if I can help.
Re: Quit job before disability rating
In a situation where treatment has ended and no rating has been given, the employee must take action to move the case forward. That would include a medical examination by a doctor chosen by the employee's attorney. In that way an impairment rating can be obtained and a Pre-hearing Settlement Conference can be scheduled. Workers' compensation cases are taken on a contingency fee basis, meaning there is no fee if no recovery is made. We are here to help.
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