Permanent Partial Disability Attorney in Wichita, Kansas

As someone who is just trying to earn a living and provide for their family, the last thing you need is to lose your ability to work due to disability. While an injury or illness can lead to different types of disabilities, permanent partial disability is one of the worst ones.  

But just because you have a permanent partial disability doesn’t necessarily mean you will be left with no money forever. Fortunately, all Kansas employers with at least one employee must carry workers’ compensation insurance. While this insurance is designed to cover your medical expenses and a portion of your lost wages, obtaining these benefits may be a daunting task even for someone with a disability such as yourself.  

That’s exactly the reason I became a workers’ compensation attorney in 1986. At Hess Law LLC, I am committed to helping hard-working people and their families pursue the compensation to which they are entitled. As a permanent partial disability attorney in Wichita, Kansas, I help people understand what benefits they deserve and what they can do to get the maximum award possible.  

What Is Permanent Partial Disability?

Permanent partial disability (PPD) is a condition where an individual has sustained a permanent injury that impairs their ability to perform certain work tasks, but they are still able to work in some capacity. Unlike total disability, PPD does not completely prevent someone from earning an income. The degree of disability is assessed based on the impact it has on the worker's functional abilities and earning potential. 

What Distinguishes Permanent Partial Disability from Other Disabilities?

Permanent, temporary, partial, and total. These four terms are routinely used to describe a disability, but many people don’t understand what those terms mean. Here’s a brief overview:  

• Temporary vs. permanent: Temporary disabilities are typically short-term, whereas PPD is a long-lasting or permanent condition. 

• Partial vs. total: While partial disability allows the worker to perform some work duties, total disability completely obstructs their ability to work. 

In other words, permanent partial disability can be described as a condition that causes a lasting physical impairment without rendering the individual totally disabled.  

Examples of Work Accidents Leading to Permanent Partial Disability

Workers may suffer from PPD due to various types of accidents and injuries in the workplace, including: 

• Slips and falls, leading to fractures or joint injuries 

• Repetitive strain injuries like carpal tunnel syndrome 

• Back injuries from heavy lifting 

• Loss of hearing due to prolonged exposure to loud noises 

• Vision impairment from chemical splashes 

• Loss of fingers or limbs in machinery accidents 

• Burns resulting in significant scarring or functional limitations 

These are just some of the examples of work-related accidents that have the potential to result in permanent partial disability and cause limitations for workers to carry out specific work duties.  

Are Workers with Permanent Partial Disability Eligible for Workers’ Compensation in Kansas?

Yes, workers in Kansas who sustain a permanent partial disability due to a workplace injury are generally eligible for workers' compensation benefits. Kansas workers' compensation laws are designed to provide financial assistance to employees who suffer work-related injuries or illnesses, including those resulting in PPD.  

To qualify, the injury must have occurred during the course of employment, and it should be documented and reported according to state requirements. The compensation aims to support the worker by covering medical expenses, wage loss, and rehabilitation costs, enabling them to manage the financial impact of their disability. 

How Are Permanent Partial Disability Benefits Calculated in Kansas?

The calculation for PPD benefits in Kansas involves several factors, including: 

• Extent of disability: The percentage of impairment as determined by a medical professional. 

• Wage rate: The worker’s average weekly wage prior to the injury. 

• Benefit rate: Benefits are calculated based on a percentage of your average weekly wage, often subject to state maximums and minimums. 

The state uses an impairment rating system to assess the severity of the disability, which is then applied to the worker's pre-injury earning capacity. The benefits are typically a percentage (often 66.67%) of the difference between the worker's pre-injury wages and their post-injury earning potential. Working with a Wichita permanent partial disability attorney will ensure that your PPD benefits are calculated accurately so that you receive the compensation to which you are entitled.  

Duration of Workers’ Compensation Payments for Permanent Partial Disability in Kansas

The duration of workers' compensation payments for PPD in Kansas depends on the nature and extent of the disability. Kansas workers' compensation law outlines specific maximum limits for different types of injuries, often expressed in weeks of benefits. For example, if a particular body part is injured, the law provides a schedule that determines the number of weeks for which benefits are payable. For unscheduled injuries, such as those affecting the whole body, benefits may be paid for a longer period, typically up to 415 weeks, according to Kansas Statutes § 44-510e. The exact duration is determined based on the impairment rating and the worker's residual earning capacity. 

When Do Workers’ Compensation Payments Stop for Permanent Partial Disability?

Workers’ compensation payments for PPD typically cease when: 

• The prescribed benefit period expires; 

• The worker reaches maximum medical improvement (MMI); or 

• The worker returns to work at full capacity or settles their claim. 

It's important for workers to stay informed about their rights and maintain communication with their employer and insurance provider to ensure they receive all entitled benefits. 

Challenges and Common Issues When Seeking Permanent Partial Disability Benefits

Seeking PPD benefits can present several challenges, including: 

• Disputes over the severity and permanence of the disability 

• Inadequate medical documentation or conflicting medical opinions 

• Delays in the claims process or denial of benefits by insurers 

• Misclassification of the disability, leading to reduced compensation 

• Navigating complex legal and procedural requirements 

Workers often need to gather extensive evidence, including medical records and expert testimony, to support their claim and may need to hire a Kansas permanent partial disability attorney to ensure their rights are upheld. 

Why You Need a Permanent Partial Disability Attorney When Seeking Benefits

Working with an attorney is highly recommended when pursuing PPD benefits. An experienced PPD attorney can: 

• Navigate the complex legal landscape of workers' compensation claims 

• Ensure accurate classification and calculation of benefits 

• Advocate on behalf of the worker in disputes with employers and insurance companies 

• Provide guidance on filing deadlines and required documentation 

• Assist in appealing denied claims or negotiating settlements 

With their knowledge and experience, a Wichita permanent partial disability lawyer can increase the likelihood of obtaining fair compensation and help protect the worker's rights throughout the claims process.