The Workers Compensation Division of the Kansas Department of Labor is charged with the administrative responsibility for overseeing and ensuring compliance with the laws regarding workers compensation insurance. Kansas workers who are injured on the job or who suffer occupational diseases have the right to a number of benefits.
First, the injured worker has the right to receive any and all reasonable treatments medically in order to cure or alleviate the negative effects of the illness or injury. The employer in Kansas does have the right to select the medical doctor that will be used to treat the worker. A worker who chooses to visit a doctor unauthorized by the employer for treatment can be reimbursed a maximum of $500 in medical expenses. Employees who desire to use their own choice of physician can submit an application to the Director of Workers Compensation. Employees who must travel to visit a physician in treatment of work related illnesses or injuries receive reimbursement for transportation.
In addition to medical benefits, the Kansas Workers Compensation Law provides for a payment of two thirds of the injured workers gross average weekly wage. There is a maximum applicable benefits applied which varies depending upon the size of the paycheck and the number of dependents. The actual dollar payment that is paid to the workers is the lesser of the above figure of the maximum at the time of the injury. The benefit payments continue at the stated rate until the worker is medically released to go back to work, but the lifetime amount of $125,000 for permanent disability and $100,000 for partial or temporary disabilities. applies. The categories of disability compensation benefits include:
Temporary Total Disability - This type of disability payments are made when the injured worker is not able to be earning money from any gainful or significant employment for some period of time. The payments last until the physician releases the worker to return to work.
Permanent Total Disability - This type of disability occurs when the employee is made totally and permanently unable to engage in gainful employment to any significant level. Examples of total disability include the loss of both legs, feet, arms, hands or eyes. Paralysis that is total or incurable insanity also is considered Permanent Total Disability.
Permanent Partial Scheduled Disability - The partial or complete loss of use for a body part due to a job-related injury is considered a Permanent Partial Scheduled Disability. Compensation in this instance is established as a percentage of the number of weeks scheduled.
Permanent Partial General Disability - This type of benefit calculation occurs when the employee has Permanent Partial Disability but doesn't have specific coverage by the schedule. Maximum compensation is a percentage of disability left following recovery up to a maximum of 415 weeks.
Survivors' Benefits - These benefits go to a worker's dependent children or surviving spouse when the worker is killed due to a injury incurred while on the job. These benefits cover burial expenses up to a maximum of $5,000 currently.
The Kansas Workers Review Board was formed in 1993 to hear appeals on decisions made by the administrative law judges in cases of workers compensation claims issues. Prior to 1993, such appeals had been handled by Kansas district court judges. There is a limited amount of time following the decision of the administrative law judges when an appeal may be filed. the intent is to make certain that there is consistence in the decisions of the administrative law judges and that the appeals process goes expeditiously. Any decision may be appealed and the in addition, the Board conducts a review of all decisions and rulings issued with broad rights to change or abandon decisions or to remand the case back to the administrative law judge.
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