Legal Question in Workers Comp in Kansas

Re: losing job doe to injury

I will try to answer your questions but please understand that this does not create an attorney/client relationship between us. Also, this reply is not legal advice.

Whether or not your employer can terminate you after a work related injury depends on the circumstances. Your employer is not allowed to fire you just because you have a workers compensation claim, in other words to retaliate against you because you have a claim. On the other hand, if your injuries are so serious that you cannot do your job, the employer can terminate you. If your employer terminates you because you cannot do your job, you may be entitled to more money for your injuries if you are not able to find a new job paying you 90% or more of what you were earning at the time of your injury.

Due to the fact that your employer is indicating that you may have to take a paycut or may not be reemployed, I recommend you see a lawyer. If you don't have one, you can call Lawyer Referral through the Kansas Bar Association and they will give one or more lawyers' names to contact for advice. The charge will be no more than $15 for a 1/2 hour visit. The tollfree number is (800) 928-3111. You could also call the Director of Workers Compensation's office and ask for assistance from a Claimant Advisor.

If you would like to discuss this further, just call or fax or email me. I do need to let you know that you must file a written claim with your employer within 200 days from your accident or 200 days from the last payment of benefits or your claim will be barred. Also, you must file an application for hearing within 3 years from your injury or 2 years after last payment of benefits or your claim will be lost.

I hope this has been helpful to you. Jim Wright