Legal Question in Workers Comp in Kansas
return to work conflict
my question is: when released to go back to work i turned in my letter to my employer and he said right now there is no room on the schedule for me maybe in the future what do i do or do i wait i need the money?
1 Answer from Attorneys
Re: return to work conflict
I would need to know more about the nature of your work and your injury to fully advise you, but you have the following alternatives:
1. If you were released without restrictions, then terminated, you can file for unemployment, look for another job and you may have a wrongful discharge claim against your employer for firing you in retaliation for filing a workers compensation claim. Also, of course, if you have a permanent disability from your workers compensation injury, you are entitled to a permanent disability award from your employer and its insurance carrier. Don't take the company doctor's word for it on your disability and restrictions. You have $500 available to get a second opinion on further treatment. You are entitled to get your own rating. See a lawyer.
2. If you have restrictions and your employer fires you, you may have a "work disability". Your % of disability is the average of your loss of wages and your loss of job tasks to a maximum of $100,000. Again, see a lawyer. THere are many questions to be answered here.
Good luck
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