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My girlfriend is working for a casino in Kansas. She recently was injured on the job. She told a shift manager and it would seem to me he kind of blew her off.
Two days later her immediate supervisor, in casual conversation asked if her hand had been hurt.
When she explained to her that yes it was and badly, her supervisor then said we needed to fill out the paperwork.
Her job requires her to access slot machines. Opening some of these has proved to be difficult and this is how she got injured.
Her supervisor chastised her for not seeking help to open difficult machines. Not to much previous to this, she chastised her for asking for help to open said machines.
They sent her to the Dr who has taken her off duty. The Casino is making her use her PTO (personal time off) while she is waiting for the Drs diagnosis. Can they do that?
If it turns out she has been Injured beyond being able to complete her duty’s, what if anything can she expect?
Her job is hourly/tip based. If she is awarded workman’s comp our understanding is it would be 80% of her hourly wage. And would not kick in for a week after she was pulled off duty. I’ve done the math and this is less than minimum wage.
Understand she’s a worker and is not the type to seek “an easy out” she preferres to work.
My understanding is this industry is governed by the railroad act. We are familiar with this as my previous job was under the same thing.
Should she contact a local lawyer to seek damages if she can not return to work?
Just curious about her options.Thanks
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Answered in 13 hours by:
3/8/2018
Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 160
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified
First, a workers comp attorney in Kansas would be best helpful to assist with navigating your workers comp claims. You can contact the Bar Association in Kansas for a lawyer referral. The lawyer could assist her with getting temporary benefits & assist her with making sure she has job protection under FMLA or that all her leave is not exhausted during this period of disability.
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This is a summary of workers comp laws in Kansas.
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The doctor will give her an impairment rating, & if her injured body part is considered totally disabled, then she will be compensated according to the total disability value or the impairment rating. But be forewarned: if you are seriously injured in Kansas, benefit maximums under the state's workers' compensation laws may prevent you from fully recovering for your work-related injury.
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In terms of how much she could get, the following is a summary of benefits.
BenefitsKansas employers are required to pay for all medical care reasonably needed to relieve the effects of your injury. While you theoretically have your choice of doctor, Kansas only requires your employer to pay up to $500 in medical expenses to an outside physician. In some cases, $500 could be the equivalent of one or two appointments.With regards ***** ***** replacement benefits, while you are entitled to 66 2/3 percent of your average weekly benefits, your wage replacement benefits are subject to maximums including the weekly benefit limit equal to 125 percent of the state's average weekly wage and limits on total compensation amounts per injury. You may receive up to $155,000 in permanent total disability benefit, $130,000 in permanent partial disability benefits, or $75,000 in permanent partial disability benefits.
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One last thing. The employer may try to blame her for a safety violation or being reckless. This is why she was chastised for not asking for help.No compensation for an injury that is caused by employee’s deliberate intention to get hurt, willful failure to use a guard or protection against accident which is required by statute and provided by the employer or for an employee’s willful failure to use a reasonable guard or protection voluntarily furnished by the employer, or for the employee's reckless violation of their employer's workplace safety rules or regulations; or the employee's voluntary participation in fighting or horseplay with a co-employee for any reason, work related or otherwise. 44-501(a).
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Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 160
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified
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