Workplace injuries can result in the injured person being unable to continue working for a period of time, and thus also suffer a possible loss of pay. A person in Kansas thus affected can petition for workers’ compensation benefits.
In the case of one woman who claims she suffered shoulder and neck injuries at her workplace, the legal process took an unexpected turn. An administrative law judge determined she had not proved that the neck injury was indeed a workplace injury; the judge did, however, decide that the woman was eligible to be compensated for the shoulder injury, which resulted in a 16 percent permanent partial impairment.
The Kansas Workers’ Compensation Appeals Board later affirmed this decision. The woman believes the decision to be erroneous, and has appealed the verdict to the Kansas Court of Appeals, which was scheduled to hear oral arguments in the case in late March in Leavenworth. The woman also argues that the Board incorrectly computed her average weekly wage.
In order to recover workers’ compensation benefits an injured worker does not have to prove any negligence or fault on behalf of the employer. It is, however, necessary that the injury should have occurred while the employee was in the course and scope of their employment. While worker’s compensation wage loss benefits are less than 100% of the lost wages, they do provide significant relief. Medical and disability benefits are also recoverable. An experienced workers’ compensation attorney can help an injured worker fight for all the benefits to which they are legally entitled.
Source: LeavenworthTimes.com, “Court of Appeals to hear arguments in Leavenworth,”, March 12, 2014