Legal Question in Workers Comp in Kansas

why is it that if you are injured , and want the full amount that is due by law , it's possible that it may come in payments over years , but if you settle , you could get the full amount of what the insurance company offer and how do you go about getting those laws changed .


Asked on 3/28/14, 12:24 pm

2 Answers from Attorneys

Rian Ankerholz Ankerholz and Smith

Great question! The basic answer is that benefits in Kansas are designed to be paid on a weekly schedule, but many insurance companies prefer to pay a lump sum to close the claim. When they pay a lump sum, they are entitled to apply a discount because all of the money is being paid up front. There are numerous factors that affect whether a lump sum settlement is appropriate. Always consult an experienced workers' compensation attorney. Law changes are handled by the state legislature.

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Answered on 3/28/14, 12:33 pm
Anthony Smith LawSmith

Mr. Ankerholz gave you an excellent answer, as usual. To expand a bit, the weekly payments are for continued injury/impairment. It isn't always possible to know how far in the future an injured worker will still be suffering, such that a lump amount could be ordered by the WC judge. The system is set up to require the employer (their insurer actually) to continue to pay, while the employee remains hampered by the injury. This uncertain future may be what compels some insurers to make a lump sum settlement.

Good luck

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Answered on 3/28/14, 2:15 pm


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