Legal Question in Workers Comp in Kansas

Slip and Fall Injury

I had a slip and fall injury while at work. I was on permanent partial disability for a year and didn't work. Now I am told I can go back to work with a 10% residual. The insurance company is refusing to let me see a doctor for my pain. What are my legal rights?


Asked on 4/21/01, 11:42 pm

2 Answers from Attorneys

Jim Wright Wright Law Office

Re: Slip and Fall Injury

If Kansas law applies to your claim, you are entitled to spend $500.00 to be examined, evaluated and treated for your injury by a doctor of your own choosing. If that doctor feels that you need more treatment, the insurance company can be forced to provide it and pay for it if an administrative law judge orders it. The insurance company should have informed you of this right. You are entitled to medical treatment for life in Kansas so long as it is related to your injury. You do not have to accept the rating of the insurance company doctor. You can get your own rating at your expense. If the two ratings are pretty far apart, the judge will appoint a neutral doctor to examine you and determine your impairment and treatment needs. This will be at the insurance company's expense.

My answer assumes that you were hurt in Kansas or, for some other reason, Kansas has jurisdiction. I do not practice anywhere but Kansas and do not know what rights you may have in any other jurisdiction. This answer does not create an attorney/client relationship, nor, is it legal advice. In Kansas there must be a written contract to create an attorney/client relationship.

I hope this has been helpful. If you need further information or explanation, email me.

Jim Wright.

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Answered on 6/15/01, 9:22 am
Jim Wisler James L. Wisler Law Offices

Re: Slip and Fall Injury

I am assuming that you were injured in Kansas or working

for a Kansas company in another state. If so, under

Kansas law you are entitled to medical treatment for the

rest of your life, temporary total disability benefits

(2/3 your wage) while you are off work until released by

doctor and a permanent disability award after you

are medically released.

I take it you have been released to return to work and

have received a 10% disability rating. You have

a right to another rating from your own doctor. You

have a right to see a doctor for pain if the doctor

says it is necessary.

Sounds like you need a Kansas lawyer. If I can help,

please let me know.

Jim Wisler

Schroer, Rice, P.A.

115 SE 7th Street

Topeka, KS 66601

877-357-0333 (toll free)

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Answered on 6/14/01, 4:58 pm


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