Legal Question in Workers Comp in Kansas

Carpal Tunnel settlement

I had bilateral carpal tunnel surgery in July of 06. As of Oct. my Dr. felt like I reached maximum medical improvement. He stated that I have a 10% impairment in my right upper extremity which accounts for 6% whole person impairment and a 5% impairment in my left upper extremity which accounts for 3% whole body impairment. He also stated that I have no permanent work restrictions. I have been offered a 17k+ lump sum settlement to close my claim to any future benefits, including but not limited to medical, wage and vocational rehabilitation benefits. Since I am late 40's and am planning on working at my same profession for 10-15 more years, I am worried that my CTS could get worse again and if I settle and close that I could be hurting myself in the future. My weekly disability wage benefit quoted me is $467.00. If I need a lawyer is he/she entitled to a % of my entire settlement or just the part over what I have already been offered? Also are lump sum payments state and federally taxed? Are any other deductions made? Thanks.


Asked on 1/03/07, 9:36 pm

1 Answer from Attorneys
Jim Wisler James L. Wisler Law Offices

Re: Carpal Tunnel settlement

I am assuming that your injury occurred in Kansas. You have a 9% combined whole body functional rating. The formula for the amount of your award is the % of disability x 415 weeks (less weeks of TTD paid after the first 15 weeks) x 2/3 your average weekly wage. $467 is the maximum weekly benefit for the period of your accident. If you received less than 15 weeks TTD, I calculate your claim is worth $17,442.45, which is about what the carrier has offered. I would not recommend that you close out future medical benefits and the right to review and modification. If your condition worsens or you get fired and cannot find work making at least 90% of your wage at the time of the accident, you can go back for a work disability.

Also you should consider getting another rating, and possible restrictions, which may result in a higher award.

Since you already have been offered $17,000, Kansas law will not let an attorney charge a fee on that. The usual procedure is to contract for a fee of 50% of the amount recovered over $17,000, but not to exceed 25% of the total award.

I suggest you have an attorney review everything and advise you based on all the facts. You should not be charged for such a consultation and review. If you wish to discuss this with me, please let me know.

Good Luck.

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Answered on 1/04/07, 9:11 am


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