Legal Question in Workers Comp in Kansas

Re: Spouse have legal rights

This response does not create an attorney-client relationship nor is it legal advise.

I am responding using Kansas law. I do not know what Oklahoma law would be. In Kansas there would be no remedy against the employer except workers compensation benefits. If however, the negligence of someone else besides the employer or a coemployee caused the accident, a suit could be filed against the negligent third party. The employer and its workers compensation carrier would be entitled to be paid back from a third party recovery any monies paid for workers compensation benefits provided to the injured spouse.

I hope this answers your question as far as Kansas law is concerned. If you need further information email me. From the limited information you provided,it appears your spouse has a substantial workers compensation claim if Kansas law applies. There are documents that must be filed in a timely manner or the right to workers compensation benefits will be lost. Jim Wright

Re: Spouse have legal rights

I am sorry to say that in Kansas you, as a spouse of an

injured worker, have no right to make a claim against

his employer. In theory, all of the damage from the

injury are included in your husband's workers compensation

claim. The amount of award there is determined by

state law, but can vary considerably depending on such

factors as the nature of his injury, his ability to

return to work and his average weekly wage at the time

of the injury. Your husband should be pursuing his

claim through a Kansas attorney to protect his rights.

If I can be of further assistance, please advise.

Jim Wisler

Schroer, Rice, P.A.

877-357-0333 (toll free)