Legal Question in Personal Injury in Kansas

Re: Severed Thumb in Construction Accident

He should try to return to work as soon as the doctor will allow it, but not until it is safe to do so! As for the settlement, it is impossible to give you an amount without knowing your son's rate of pay. Workers' compensation payments are paid based on degree of disability. In Missouri, the whole body is scheduled at 400 weeks, and each part sub rated under that. The thumb is 60 weeks. The settlement is computed by taking the degree of disability, times the number of weeks for the body part, times the compensation rate.

An experienced trial lawyer will know how to maximize your son's recovery, and you should seriously consider talking to one!

Re: Severed Thumb in Construction Accident

THe first question is which state, Kansas or Missouri, or both, has jurisdiction to handle the claim. If he was injured in Kansas, the case will usually be a Kansas case, unless he is employed by a Missouri employer.

Kansas law entitles him to medical treatment (including prescriptions and milage), temporary total disability benefits (wages while he is off work) and a permanent disability award. He must give the employer notice of his injury within ten days and ask for treatment. I assume that was done. The amount he is entitled to is based on a formula in state law: % of disability to the thumb x 60 weeks x 2/3 of his average weekly wage up to a maximum. He should probably not try to return to work until his doctor releases him.

In my opinion, your son needs an attorney to get the full benefits of his claim. Studies show that claimants who have attorneys get more than those who dont. The company will have an attorney and the workers compensation laws are complex, even in a case like this. If you have further questions, please feel free to call me.

Jim Wisler

Wisler Law OFfices

Personal Injury Lawyers

1311 Wakarusa Drive, Suite 220

Lawrence, KS 66049

785-843-4110

785-840-0424 fax

866-844-4110 toll free