Legal Question in Workers Comp in Kansas
Compensation for patrial disability computaion
My husband was injured at work this spring. He underwent surgery in August. He has completed his PT and is looking at a possible award. He is still able to work all-be-it uncomfortablly. He has damaged his left knee, and dr says they have done all they can do. Darling husband gimps around, and gets his job done. What sort of computed compensation can there be for him? We have been comsidering puttinghim back into school so that he isnot doing such laborous physical activity. Not trusting Insurance companies, should we aquire an attorny and would that be worth our time. Husband is 37, we have 5 small children. Thank you.
2 Answers from Attorneys
Re: Compensation for patrial disability computaion
It sure would not hurt to discuss this case with an attorney. Most attorneys will offer a no charge consultation for this type of case. The rating from the employer's doctor is usually conservative, which means rating from another doctor may be appropriate. An injured knee sometimes causes problems due to over-compensation in the other knee. This changes the injury from a scheduled injury to a whole body injury, with more weeks of eligibility for permanent partial disability benefits. What about future medical? Is it likely additional treatment will be necessary, such as a knee replacement? Has your husband explored vocational rehabilitation benefits? If his injury prevents him from earning 90% of his pre-accident average weekly wage, he may be eligible for a "work disability" rating. These are significant issues which should be explored. The cost and delay of hiring an attorney should be more than offset by the additional benefits to which your husband may be entitled.
Re: Compensation for patrial disability computaion
I am sorry to hear about your husband's injury. I recommend hiring an attorney in any case of a serious workers compensation injury. The system is too complicated to handle without an attorney. The insurance company and employer are represented by experienced claims representatives who have attorneys available to them.
Your husband has a serious injury. At this point, the company will probably treat it as a scheduled injury to the knee. The formula for permanent disability award is the % of disability x (200 wks - wks of ttd paid) x 2/3 his average weekly wage. The biggest variable is the % of disability. An attorney can help you get a fair shake on that.
I would be glad to discuss your case. No charge for a consultation. Attorney fees in comp cases in Kansas are set by state law: 25% of what is collected for permanent disability.
Please call if you wish to discuss this further.
Jim Wisler
Wisler Law Offices
1311 Wakarusa Drive
Lawrence, KS 66049
785-843-4110
866-844-4110 (toll free)
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