Legal Question in Workers Comp in Kansas

Four months ago I had spine surgery cause from an injury I received at work and my doctor released me to go back to work with a weigh lifting limit. I work at Walmart. My store manager refused to let me come back to work because they did not want me coming back with weight restrictions. They knew I was having surgery and it was in my back. Can they legally prevent me from working just because I'm not able to lift over 40lbs. I know for a fact that not all the positions at my store require heavy lifting. Why couldn't they put me somewhere else temporarily like they do other people? I know they do that. The thing is, they told me if I didn't get work release soon without restrictions, they'd fire me. Isn't that a form of discrimination?


Asked on 8/12/10, 11:36 am

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

Under Kansas law, Wal-Mart does not have to put you back to work with restrictions, but it does have to pay you Temporary Total Disability benefits if it does not. TTD, as we call it, is 2/3 of your Average Weekly Wage. No tax or other withholding is taken from TTD. Ask your employer to furnish TTD until it accomodates your restrictions or you are released at Maximum Medical Improvement. You are gettting horsed around. I suggest you talk to an experience Workers Compensation lawyer. Good luck.

Read more
Answered on 8/17/10, 12:05 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Kansas