Workers’ Compensation evolved as a solution to a problem that existed in the early 1900s: injured workers had to sue their employer; some ended up with very large payouts, others received nothing. This resulted in the “Grand Bargain,” a compromise between workers and employers where workers gained the right to reliable payouts based on their injuries by giving up the right to sue their employer for potentially higher payouts so they would not be bankrupted by large settlements.
Medical Injuries Are Being Evaluated Differently
Changes to the Workers’ Compensation laws have impacted the compensation that an injured worker would be entitled to receive.
Percentage of Loss of Bodily Function
Previously, an injured worker only needed to have a whole body injury of 1% for a disability claim. That has been raised to a minimum whole body disability of 7.5%; if there was a preexisting impairment, that threshold for filing a claim must be 10%.
A Different Rating Guide for Injuries
State law requires that medical injures must be rated and that an all-important percentage be assigned according to American Medical Association Guides to the Evaluation of Permanent Impairment. Prior to January 1st, injuries were rated according to the fourth edition of this guide; now, the sixth edition is being used. Most people wouldn’t consider that to be significant, but it can be critically important to an injured worker.
When the use of the new guide was being considered by the state, it was justified because science and medical technology have improved since 1993 when the fourth edition was written. Workers’ Compensation attorneys disagreed, saying that the biggest problem with the sixth edition concerned the doctors who wrote it. The attorneys stated that the authors were primarily employed by insurance companies.
What Could This Mean to an Injured Worker?
• Shoulder rotator cuffs can be torn a second time. Previously, a worker would receive $15-20,000, but now receives $0.
• Carpal tunnel injuries in both hands, preventing work, was worth $130,000, but is now $9,900.
• An injured back that needs spinal fusion was valued at $60,000; it is now worth $15,000.
Talk to an experienced work injury lawyer in Wichita to find out how these changes could affect compensation for your injury. Contact Business Name immediately, as there are strict time limits and to find out your legal options during a free initial consultation with a skilled work injury lawyer in Wichita.
