What is the difference between Missouri workers' compensation insurance and Kansas workers' compensation law? At the workers' compensation Law Offices of Ankerholz and Smith, we have over fifty combined years of experience helping injured workers receive the benefits they are entitled to when they are injured on the job. Our attorneys will fully explain the Kansas or Missouri laws to you, and show you how affordable it is to hire the right attorney to help you receive benefits.
Contact the workers' compensation lawyers at the Law Offices of Ankerholz and Smith at 913-800-6071 to learn more about how workers' comp insurance laws affect you in your state.
MISSOURI RULES AND RATESThe amount of weekly compensation you receive is based on two-thirds of your average weekly wage, subject to the statutory maximum as of the date of injury. Maximum weekly benefit rate (PPD): for 7/1/05 to 6/30/06 is $365.08 Maximum weekly benefit rate (TTD): Other Maximum Rates for July 1, 2012 to June 30, 2013: Medical and hospital allowance: No limit Death: spouse & wholly dependent children: Time limited Burial allowance: $ 5,000 Permanent total disability: No set limit Temporary total disability: No set limit Permanent partial disability: No set limit Permanent partial disability/functional impairment: No set limit MEDICAL BENEFITS: The employee is entitled to receive medical treatment for the work-related injury and does not have to pay for that treatment. The employer or insurer makes payment. But remember that the employer has the right by law to select the physician. So if you seek treatment that has not been authorized, you may have to pay for that treatment yourself. Mileage for trips to the doctor can be reimbursed.
CATEGORIES OF DISABILITY COMPENSATION BENEFITS: Temporary Total Disability (TTD) is compensation for the time the doctor says you are unable to work because of the injury. You will not receive TTD benefits for the first three regularly scheduled workdays you are off unless you are off longer than 14 calendar days. Temporary total disability benefits cease when the doctor says you are able to return to work. Although those wages are only two-thirds of your average wage, it is important to remember they are tax-free.
Permanent Disability. Once a doctor has done all he or she feels can be done medically to help you, and you are not as physically able as you were before the injury, then you have a disability. And if there isn't anything else the doctor can do to make you any better, your disability will be "permanent," meaning you will suffer the effect of the injury from that point on. That disability will either be "total" meaning you are unable to perform any work, or "partial" which means you are able to work but there are limitations or restrictions as to what you are able to do. If you are determined to be permanently and totally disabled, your benefits will continue for the rest of your life. Permanent Partial General Disability (PPD) 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 400 weeks. The Missouri legislature has established a formula to convert that disability into a dollar amount. The maximum weekly wage amount for a permanent partial disability is less than the maximum for the temporary total disability because the disability is partial instead of total. The workers' compensation law does not provide compensation for pain and suffering. Scheduled Injuries: Scheduled injuries are the injuries sustained by a worker that affect the extremities of the body such as the arms, legs, hands, fingers, etc. Each extremity has a scheduled amount of weeks pertaining to that particular part of the body. In Missouri, the maximum weeks payable are as follows: Loss of arm at shoulder: 232 weeks 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. Survivors' Benefits are paid to an employee's surviving spouse and dependent children if death occurs as a result of injury. Emancipation and remarriage affect the duration of payments. Burial expenses up to $5,000 also are covered. |
KANSAS RULES AND RATESKansas 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 shown below. The actual amount received is either two-thirds of the worker's gross average weekly wage or the maximum rate in effect at the date of the injury, whichever is less. In Kansas, the maximum temporary total benefit rate is the same as the maximum permanent partial benefit rate.
Maximum weekly benefit rates (TTD and PPD): for 7/1/05 to 6/30/06 is $467.00 Medical mileage is $.55 per mile Other Maximum Rates for July 1, 2012 to June 30, 2013: Medical and hospital allowance: No limit Death: spouse & wholly dependent children: $300,000 Death: heirs (no dependents) $ 25,000 Burial allowance: $ 5,000 Permanent total disability: $155,000 Temporary total disability: $130,000 Permanent partial disability: $130,000 Permanent partial/functional impairment only: $75,000 MEDICAL BENEFITS: A person injured on the job is entitled to all medical treatment that may be needed to cure or relieve the effects of the injury. Under the law, the employer has the right to choose the treating physician. If the worker seeks treatment from a doctor not authorized or agreed upon by the employer, the insurance company is only liable up to $500 toward such medical bills. An injured worker is generally entitled to mileage reimbursement for trips to see a physician for distances in excess of five miles for the round trip. The injured worker generally also can obtain reimbursement if transportation must be hired. CATEGORIES OF DISABILITY COMPENSATION BENEFITS: Temporary Total Disability (TTD) is paid when the employee, due to an injury, is unable to engage in any type of substantial and gainful employment. 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, and any combination thereof, in the absence of proof to the contrary, shall also constitute a permanent total disability. Permanent Total Disability. Permanent Total Disability (PTD) exists when the employee, on account of the injury, has been rendered completely and permamently incapable of engaging in any type of substantial and gainful employment.
Permanent Partial General Disability (PPD) 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. 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.
Scheduled Injuries: Scheduled injuries are the injuries sustained by a worker that affect the extremities of the body such as the arms, legs, hands, fingers, etc. Each extremity has a scheduled amount of weeks pertaining to that particular part of the body. The maximum weeks payable are as follows: Loss at level of Shoulder: 225 weeks Survivors' Benefits of $250,000 are paid to an employee's surviving spouse and dependent children if death occurs as a result of injury. If there is no surviving spouse or dependents, the legal heirs are entitled to $25,000. Burial expenses up to $5,000 also are covered. |