Benefits - Workers' Compensation law provides three major benefits:
- Medical Treatment. The employer's insurance company is required to provide reasonable medical treatment. The Employer/Insurer has the right to select the treating doctor.
- Weekly Compensation benefits. These are intended to replace weekly paychecks and are known as temporary, total disability benefits or TTD. These weekly TTD benefits are (generally) based upon 2/3 of your average weekly wage and are paid to you while you are undergoing medical treatment and cannot return to work.
- Permanent benefits. These may be permanent partial disability if you are able to return to work following your release from the doctor; or permanent total disability benefits if you are unable to work following your release from the doctor. There are major differences in the law of Kansas and Missouri concerning these benefits. In most cases the permanent benefits are paid in a lump sum. In some cases, weekly benefits are paid for the lifetime of the injured worker.
Hardship Hearings and Preliminary Hearings. If the Employer/Insurer refuses to provide medical treatment or refuses to pay TTD, the Claimant's attorney can request a Hardship Hearing (in Missouri) or a Preliminary Hearing (in Kansas). Evidence is presented to the Judge who will decide if the Claim is justified and whether the Employer/Insurer has wrongly refused to pay benefits. These Hearings are intended to be expedited so as to prevent a hardship to the Claimant.
Regular Hearings and Final Hearings. In most case of permanent total disability benefits, Claims are settled prior to a Final Hearing (in Missouri) or a Regular Hearing (in Kansas). Such a Hearing is like a trial - except that juries are not permitted. The decision will be made by an Administrative Law Judge (ALJ). The ALJ hears only workers compensation cases.
Authorized Physician. The authorized physician is the doctor chosen by the employer/insurer and he/she is the actual treating doctor. Initially this doctor will likely be specialized in "occupational medicine" part of a clinic that only sees and treats work-related injuries. Such doctors are notoriously known to diagnose serious injuries as simple "strains or sprains" regardless of the symptoms. DO NOT GET DISCOURAGED when this happens - call an experienced workers compensation attorney.
Maximum Medical Improvement. Also known as MMI, this is the point where the treating physician declares that there is no further medical treatment that will improve the condition. At this point in time, the injured worker is "released", and the Employer/Insurer is no longer required to pay TTD compensation. IT IS COMMON FOR MMI TO BE DECLARED PREMATURELY and in fact further medical treatment is indicated. DO NOT WAIT until MMI is declared before you retain an experienced workers compensation attorney.
Disability or Impairment Rating. After you have reached MMI the authorized doctor will give you a disability rating (in Missouri) or an impairment rating (in Kansas). There are technical differences between disability and impairment that is too complex to detail here. Typically the authorized physician's disability/impairment rating will be extremely low - for example 5-10% disability/impairment even where there has been extensive surgery. Your permanent partial disability settlement or award will be largely based upon this rating and therefore it is highly recommended that you retain an attorney who can arrange for you to be evaluated for a 2nd opinion rating.
Independent Medical Exam. When the authorized physician releases you, s/he will provide a rating. If this is the only rating (and it will be unless you retain an experienced workers compensation attorney) - the Judge will "award" you with permanent disability compensation that may be ¼ to ½ what it should be. Your experienced workers compensation attorney will arrange an Independent Medical Exam to have you evaluated by another doctor for a 2nd opinion - this time, by a doctor who will be an advocate for you - and not an advocate for the Insurance Company.
Experienced Workers Compensation Attorney. Most attorneys who practice in the field of workers compensation practice in other areas as well. Workers compensation is a unique and complex area of the law with its own unique set of laws and procedures and judges. John R. Stanley has the experience and reputation to handle all workers compensation cases. In fact, devotes his entire practice to serving working men and women who have suffered serious work injuries in Kansas and Missouri.
