Frequently Asked Questions About Workers’ Compensation Law in Pittsburg, KS

I am pleased to answer the following questions about Kansas workers’ compensation law:

• Will the state pay my claim?
• I am currently off work as a result of a work-related injury. How much of a weekly benefit will I receive?
• When will I begin receiving my weekly check?
• Will I be compensated for any missed time from work for doctors’ appointments as well as for my travel?
• I’m dissatisfied with the authorized treating physician. Can I seek a second opinion or see another provider for treatment?

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Will the state pay my claim?

Answer: The State of Kansas is responsible for paying your workers’ compensation claim only if you’re a state employee. If you’re employed by a private company, your employer’s workers’ compensation insurer (or your employer if it insures itself) is responsible for paying your claim.

I am currently off from work as a result of a work-related injury. How much of a weekly benefit will I receive?

Answer: Your weekly benefit is either two-thirds of your average weekly wage while employed or 75 percent of the average weekly wage for all employees in Kansas, whichever is less. Your average weekly wage is based on the amount paid by the employer from whom you seek workers’ compensation benefits but is limited to the last 26 weeks of work for that employer if you started working there earlier. For instance, if you earned an average of $1,500 per week during the past 26 weeks, but the statewide average weekly wage is only $1,000, you will receive $750 based on the latter figure, rather than the $1,000 you would have received if your weekly benefits were based on your own average weekly wage.

When will I begin receiving my weekly check?

Answer: The answer depends on how long you’re out of work as a result of your work-related injuries. If that’s the case for no more than 20 calendar days, you will not be paid for your first week off work. However, if you’re out of work for at least 21 calendar days, you should be paid for the full amount of time you’re unable to work.

Will I be compensated for any missed time from work for doctors’ appointments as well as for my travel?

Answer: You’re not entitled to be paid for the time you must take off work for any appointments with your doctors, even though they’re treating your work-related injury. But you are entitled to reimbursement by your employer’s workers’ compensation insurer for your travel to and from the appointment, provided it requires a round trip of at least five miles. Your employer or its insurer is responsible for paying for the cost of any treatment by a doctor they authorize.

I’m dissatisfied with the authorized treating physician. Can I seek a second opinion or see another provider for treatment?

Answer: You may seek medical treatment from another physician not authorized by your employer or its workers’ compensation insurer, without asking for permission from either one. They’re required to reimburse you for up to $500 of the cost of that treatment. They are not required to reimburse you at all for the cost of obtaining a second opinion on how disabled you are. After they pay your $500 unauthorized treatment allowance, the rest comes out of your own pocket.