Legal Question in Workers Comp in Kansas
Workman's compensation damages
I was in a car accident during the course of work in April 2003 in the Olathe, KS area. I have been assessed a % of disability for my back by two doctors and have had approximately 40+ visits for treatment since this time. I would like to know if there are options for pain and suffering awards or if it is simply based on what % disabled you are x a certain number of weeks for your back.
1 Answer from Attorneys
Re: Workman's compensation damages
In Kansas workers compensation you are limited to the % of disability x 415 weeks (less weeks of TTD paid after 15 weeks) x 2/3 your average weekly wage. The factor we can work with is the % of disability. You are entitled to get your own opinion on the disability and it will usually be higher than the authorized doctor. I am assuming that you have returned to work making at least 90% of your prior wage. If not, you have a work disability which is worth more.
If the wreck was the fault of someone else, you also have a liability claim against the other driver(s). This is outside the workers comp system.
I suggest you discuss all the possibility with an attorney experienced in workers compensation and personal injury. There should be no charge for the consultation. If you wish to discuss this, please call me.
Jim Wisler
Wisler Law Offices
Personal Injury Lawyers
1311 Wakarusa Drive, Suite 2200
Lawrence, KS 66049
785-843-4110
785-840-0424 fax
866-844-4110 toll free
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