Injured on the job? What do you do to receive medical treatment and weekly benefits if your injury keeps you off work?
NOTICE: The information on this page is effective for injuries prior to May 15, 2011. Persons with work-related injuries sustained on or after May 15, 2011 should review the information in the version of Form K-WC 27 effective for injuries on or after May 15, 2011. If there are still questions, contact the Division's Ombudsman Section for further information.
If you are injured on the job, you are entitled to all medical treatment that may be needed to cure or relieve the effects of the injury. Under the law, your employer has the right to choose the treating physician. If you seek treatment from a doctor not authorized or agreed upon by your employer, your employer or its insurance company is only liable up to $500 toward such medical bills. You do have the right to apply to the Director of Workers Compensation for a change of doctor. As an employee injured on the job, you are generally entitled to mileage reimbursement for trips to see a physician for distances in excess of five miles for the round trip. If you must hire transportation, this can also be reimbursed.
Kansas workers compensation law requires that an employer or its insurance carrier pay an injured employee two-thirds of the employee's gross average weekly wage up to the amount of the applicable maximum benefits listed below. To find the appropriate maximum, look in the schedule for the range of dates that would contain the date of your injury, and then go to the right to find the maximum dollar amount of the benefit. For example, if the date of your injury is August 21, 2010, the maximum weekly benefit you could receive would be $545. The actual amount you receive is the lesser of two amounts: either two-thirds of your gross average weekly wage; or, the maximum in effect at the date of the injury. This effective maximum does not change over the life of your claim, even though the maximum benefit level for each new 12-month interval usually increases by a small amount.
Weekly compensation is payable at the applicable rate until the doctor releases you to return to work. In no case can such payments exceed a total of $125,000 for permanent total or $100,000 for permanent partial or temporary disability.
Temporary Total Disability is paid when the employee, due to an injury, is unable to engage in any type of substantial and gainful employment. Benefits are paid for the duration of the temporary total disability.
Warning: Acceptance of employment with a different employer that requires the performance of activities you have stated you cannot perform because of the injury for which you are receiving temporary disability benefits could constitute fraud and could result in loss of future benefits and restitution of prior workers compensation awards and benefits paid.
Permanent Total Disability is paid when the employee, due to an injury, has been rendered completely and permanently incapable of engaging in any type of substantial and gainful employment. The loss of both eyes, both hands, both arms, both feet, or both legs, or any combination thereof, in the absence of proof to the contrary, shall also constitute a permanent total disability. By statute, substantially total paralysis, or incurable imbecility or insanity, resulting from injury independent of all other causes, shall also constitute permanent total disability.
Permanent Partial Scheduled Disability is paid when the employee sustains complete or partial loss of use of a body part, such as an arm, due to a job-related injury. Compensation is limited to a percentage of the scheduled number of weeks.
Permanent Partial General Disability is paid when the employee sustains permanent partial disability not specifically covered by the schedule. Compensation is based on the percentage of disability remaining after recovery and is limited to 415 weeks.
Survivors' Benefits are paid to an employee's surviving spouse and dependent children if death occurs as a result of injury. Burial expenses up to $5,000 are also covered.