Legal Question in Workers Comp in Kansas

My ex hurt her back on the job. She put in for workman's comp, but her employer said she has to use all of her sick leave before the workmans comp kicks in. She is from Kansas. Is it legal for her to have to use her sick leave first?


Asked on 1/19/11, 4:19 pm

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

It is not legal for employer to make her use her sick leave first. If she is unable to work, per authorized doctor's opinion or restrictions, employer and carrier must pay her temporary total disability benefits (2/3 average weekly wage) while she is off. Under Kansas law they don't have to pay until she is off 1 week, but have to pay that week after she has been off 3 weeks.

I assume she was injured in Kansas or that she was hired in Kansas.

I advise she immediately contact an experienced Kansas workers compensation lawyer. If we can be of help, let me know.

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Answered on 1/25/11, 6:25 am


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