Medical Benefits
If you are injured on the job, you are entitled to all medical treatment that may be reasonably needed to cure or relieve the effects of the injury. Under the law, your employer has the right to choose the authorized 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.
Compensation
No compensation is paid for the first week you are off work, unless your disability exists for three consecutive week, compensation for the first week is paid retroactively. After this waiting period, 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.
Per K.S.A. 44-515 the mileage reimbursement rate should be paid as prescribed for compensation of state officers & employees under K.S.A.75-3203a by the Secretary of Administration. Effective July 1, 2023 that mileage rate is 65.5 cents per mile.
Current Benefit Levels (July 1, 2023 - June 30, 2024)
| Benefit |
Amount |
| Revised Maximum Weekly |
$804 |
| Minimum Weekly |
$25 |
| Revised Minimum Weekly Survivors Benefit |
$536 |
| Mileage Reimbursement (effective July 1, 2023, to present) |
65.5¢ / mile |
Review historic benefit levels
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 $155,000 for permanent total or $130,000 for permanent partial or temporary disability. In the case of PPD based on functional impairment, maximum PPD payable is $75,000.
Categories of Disability Compensation Benefits
Temporary Total Disability: Paid when the employee, due to injury, is unable to engage in any type of substantial and gainful employment. Benefits are paid for the duration of the temporary total disability. TTD benefits may be discontinued if the treating health care provider releases the employee to return to work.
Disclaimer: 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
Permanent total disability exists when the employee, on account of the injury, has been rendered completely and permanently incapable of engaging in any type of substantial and gainful employment. Expert testimony shall be required to prove permanent total disability.
Permanent Partial Scheduled Disability
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, after the weeks temporary total disability compensation were paid is subtracted.
Permanent Partial General Disability
Paid when the employee sustains permanent partial disability not specifically covered by the schedule. Permanent partial general disability may also be payable where an injury results in the loss of use of both shoulders, arms, legs, feet or eyes. Permanent partial general disability may be payable as a percentage of functional impairment, or as a work disability if the functional impairment is greater than 7.5% of the body as a whole (or 10% where there is preexisting functional impairment) and the employee suffers at least a 10% post-injury wage loss directly attributable to the work injury.
Survivors’ Benefits
Compensation is payable to whole or partial dependents or heirs if the employee’s death resulted from the work-related injury. Burial expenses up to $10,000 are covered, as well as $2,500 for the costs of a court-appointed conservator, if necessary.
Additional Benefits
Additional important Benefits forms are available below:
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