Your Guide to Workers' Compensation Payments in Kansas: Understanding Pay While Off Work
Introduction:
Dealing with a workplace injury in Kansas can be daunting, especially when it comes to understanding how you'll be paid while off work. Workers' compensation is there to provide crucial support during these challenging times, but grasping the payment process can alleviate some of the uncertainty. If you're an injured worker in Kansas, this guide aims to clarify how you'll be compensated while off work, ensuring you're aware of your rights and entitlements.
Understanding Pay While Off Work:
When facing a work-related injury in Kansas, it's vital to know that your employer isn't obligated to continue paying your regular wages while you're off work. However, this doesn't mean you'll be left without income during your recovery. Instead, you may qualify for temporary disability benefits through the workers' compensation system.
Temporary Disability Benefits Explained:
Temporary disability benefits (TTD) serve to replace a portion of your lost wages while you're unable to work due to a work-related injury. To qualify for TTD benefits a doctor must place you off work, or place you on temporary work restrictions that your employer can not accommodate.
The amount of TTD benefits an injured worker receives is calculated based on two-thirds of your average weekly wage for the 26 weeks prior to your injury. However, these benefits are subject to specific maximum and minimum limits dictated by Kansas workers' compensation laws. Currently, in Kansas, the maximum compensation you can receive while off work is $804 dollars a week.
Duration of Benefits:
The duration and amount of temporary disability benefits you receive depend on factors such as the severity of your injury and the expected duration of your inability to work. These benefits will continue until you reach maximum medical improvement (MMI). Maximum medical improvement is a doctor’s opinion that your condition has stabilized, and further medical intervention is unlikely to result in significant improvement.
If a doctor has an injured worker on temporary work restrictions, the employer may have a job that accommodates those restrictions. If the employer has an accommodated position, then the worker must return to work. At that time, TTD benefits will stop, but the employee will earn regular pay.
A separate blog post will cover what rights an injured worker has if the employer has an accommodated position, but less hours available.
Returning to Work:
During your recovery period, your employer is required to provide necessary medical treatment and accommodations to support your return to work. Under the Americans with Disabilities Act (ADA), they may also need to make reasonable accommodations to facilitate your successful return to work post-MMI.
Seeking Legal Guidance:
Navigating the workers' compensation system can be complex, particularly when you're dealing with the aftermath of a workplace injury. If you have questions about your rights or need assistance with your workers' compensation claim, it's crucial to seek legal guidance from an experienced attorney specializing in workers' compensation law.
If you are unable to work due to a work injury and the employer is not paying you any TTD benefits, you need to call us at Cooper Law Office right away.
Conclusion:
Suffering a work-related injury in Kansas can be overwhelming, but understanding how you'll be compensated while off work can provide much-needed clarity. Remember that temporary disability benefits are available through the workers' compensation system to assist you financially during your recovery period. If you require guidance or support with your claim, don't hesitate to reach out to an experienced attorney at Cooper Law Office who can navigate the process and ensure your rights are upheld. Call us for a free consultation at 785-233-9988