Legal Question in Workers Comp in Kansas

What happens after I settle?

I slipped off of a ladder at work and tore me miniscus disk in my left knee. After surgery it still doesn't seem quite right to me. The surgeon's letter states that I have a 7% impairment of the lower extremity which equates to 2%of the body as a whole. The insurance company's letter states 7% lower left but states nothing about body as a whole. If I settle and have problems later am I not covered by workmen's comp or my regular health insurance? What happens if I don't settle?


Asked on 9/20/06, 9:31 pm

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

Re: What happens after I settle?

Under Kansas Workers Compensation law, if only one knee is injured, you are not entitled to the whole body rating. An award will be based on the 7% rating and the state law formula. You are entitled to medical treatment for the rest of your life for the knee unless you agree to waive that right. The insurance carrier will want you to waive it, but you don't have to agree. If you think the rating is too low, you can hire another doctor to rate your knee. Doctors can vary greatly in their ratings. Also, if you are having any pain in your good knee or your back due to altered gait or favoring the good knee, this can lead to a whole body injury. If you are not satisfied with the results of the surgery you can get a second opinion on treatment. You have $500 available for unauthorized treatment with a doctor of your choice if you have not used it.

If you have any other questions or if I can be of help, let me know.

Jim Wisler

Wisler Law Offices

1311 Wakarusa Plaza, Suite 2200

Lawrence, KS 66049

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Answered on 9/21/06, 9:38 am


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