Almost all employers in Kansas are required by law to take out workers’ compensation insurance. That means you’re entitled to financial support and other benefits if you’re injured at work or contract an illness due to on-the-job exposure.
Workers’ compensation helps you cover the cost of medical treatments, ongoing care, and travel to and from medical appointments. It also provides benefits for lost wages and disability. And in the worst-case scenario, workers’ compensation helps your family pay for your funeral costs.
There are a lot of factors that determine the amount you receive for workers’ compensation. These also change depending on which state you live in. So, to make appropriate financial plans while you recover, it’s important to understand how to calculate workers’ comp rates in Kansas.
Calculating workers’ compensation rates for lost wages in Kansas
Be aware that workers’ comp only covers a portion of your income, not your full salary. Replacement funds for lost wages under workers’ compensation in Kansas equals two-thirds of your average weekly wage, up to a limit of 75% of the statewide average weekly wage. This figure is based on your gross pay – that is, before tax – during the 26 weeks leading up to your accident.
In terms of workers’ compensation, “wages” refers to the total amount of money and additional compensation you receive. Additional compensation includes board and lodging, insurance, and your employer’s contributions to a pension or profit-sharing plan if these are discontinued following your injury. It also includes any tips that you’ve declared to the Internal Revenue Service (IRS).
As of July 1, 2022, the Kansas statewide average weekly wage is considered to be $1,019.85. Therefore, the maximum weekly benefit you could be entitled to is $765 (75% of the state average weekly wage). These amounts, and those mentioned below, are in effect until June 30, 2023.
So, if you earned an average of $900 a week in the 26 weeks before your accident, you can claim $600 a week in lost wages benefits. But even if you earn a six-figure salary, you won’t be entitled to more than $765 a week.
This method for calculating workers’ compensation rates for lost wages in Kansas remains true even for commission-based work. Similarly, if you’ve worked for your employer for less than 26 weeks before your injury, your average weekly wage is based on your total employment. And if you’ve been employed for less than one week, an administrative law judge will determine your average weekly wage based on evidence from typical wages in a similar position.
Maximum workers’ compensation rates for disability in Kansas
Workers’ compensation recognizes three main types of disability benefits:
|Type of disability||Definition||Maximum lost wages benefits|
|Temporary Total Disability (TTD)||You’re temporarily incapable of returning to work, or your employer can’t accommodate temporary work restrictions||$130,000|
|Permanent Total Disability (PTD)||Your injury leaves you completely unable to return to gainful employment||$155,000|
|Permanent Partial Disability (PPD)||You’re disabled in a way that’s partial in character but permanent in quality||$130,000 ($75,000 for functional impairment only)|
You can claim benefits for temporary disabilities until you return to work or reach Maximum Medical Improvement. You can claim for permanent disabilities until you hit the benefit cap or reach the maximum number of weeks for which you can claim. This maximum depends on the body part affected, ranging from 10 weeks for any toe other than great toe up to 415 weeks for whole-body disability.
Workers’ compensation payments for medical treatments in Kansas
Workers’ compensation generally covers any and all costs for treatments, durable medical equipment, and ongoing care. This includes emergency room care, hospital stays, doctor’s appointments, diagnostic studies, surgeries, rehabilitation, medication, and equipment such as a wheelchair or CPAP machine.
However, to receive medical compensation, you may be required to use a doctor that’s been approved by your employer’s workers’ compensation insurance company. If you receive unauthorized medical care, you’re only entitled to up to $500 in medical compensation in Kansas.
You can also claim back expenses for travel to and from your medical treatments. Currently, you’re entitled to 58.5 cents per mile, so it’s a good idea to keep track of your travel costs.
Maximum workers’ compensation rates for death benefits in Kansas
If you have a surviving spouse or wholly dependent children after suffering a fatal workplace injury, they’re entitled to death benefits (also called survivors’ benefits) for their entire lives. Weekly death benefit payments are equal to your maximum weekly benefit for injury or illness. At a minimum, this figure equals half the state’s average weekly wage, which means weekly survivors’ benefits in Kansas are at least $382.50 per week.
A maximum of $300,000 in death benefits is available for your surviving spouse and wholly dependent children. A lump sum payment of $100,000 is available for other legal heirs if you have no surviving spouse or wholly dependent children. Up to $10,000 is also available for burial expenses.
Get your full workers’ compensation with Phalen Law
While workers’ compensation exists to support you when you’re injured, your employer’s insurance company will likely try to pay as little as possible. So even if you know how to calculate workers’ comp, it’s recommended that you hire a talented workers’ compensation lawyer to make sure you’re paid in full.
The highly qualified and experienced workers’ comp attorneys at Phalen Law have more than 50 years of experience winning cases like yours across Kansas and Missouri. We offer a highly personalized service that makes you feel heard and understood and have a proven track record that gives our clients confidence.
Get in touch with our friendly expert team today to discuss your claim, or fill out our Free Case Evaluation form online to arrange a no-obligation consultation.