Legal Question in Workers Comp in Kansas

Re: Worker's compensation settlement

There are many factors that change the time in which a work comp claim is resolved. Keep in mind that KS has very harsh time restraints in which to complete various steps.

Good Luck,

Tony Smith

Re: Worker's compensation settlement

Please understand that this response to your question does not create an attorney client relationship between us. Also, this response is not legal advice.

The length of time to receive a settlement varies from case to case. A doctor should have completed your treatment and rated you for impairment. Until your medical is complete, it is usually too early to expect a settlement. Has your doctor completed your treatment? Are you receiving weekly payments while you are off work and under doctor's care? Has the insurance company requested a rating from your doctor? If your doctor has released you, a rating should be requested. If you are still under treatment, it is probably too early to settle. You should be receiving weekly checks if you are still off work and receiving treatment.

You must give your employer and its insurance company written notice within 200 days from your injury or from the last weekly check or from the last treatment from an authorized medical provider or your claim will not be valid. You also must file a written application for hearing with the Director of Workers Compensation within 3 years of your date of accident or 2 years from the last weekly check or 2 years frm the last authorized doctor treatment or your case will be disallowed. I hope this response has been helpful to you.

If you have further questions or need anything further please feel free to contact me at 785-234-0059, fax@785-234-8997 or email,[email protected].

Jim Wright.

Re: Worker's compensation settlement

The length of time to finally settle or try a workers compensation claim depends on many factors, including the nature and extent of your injury, the restrictions the doctors have put on you, the date of your injury, and your present condition. Has your doctor told you that you can't go back to work at the same job? Have you been receiving weekly paychecks (TTD)? Did you give your employer timely notice of the injury and file a written claim? Has your employer been paying for your medical treatment? You certainly need to consult a lawyer about these questions and your case. Attorney fees in workers compensation cases are controlled by state law. Attorneys are allowed a contingency fee which cannot exceed 25% of the settlement or award. You can call me for a free consultation to answer your questions, if you wish. My phone number in Lawrence, Kansas, is 785-843-4110. My phone number in my Topeka office is 785-357-0333.

Good Luck

Jim Wisler

1311 Wakarusa Drive

Suite 2121

Lawrence, Kansas 66049