Sweeping changes coming to state’s workers’ compensation law

WICHITA, Kan. (KWCH) - Sweeping changes are coming to the state’s workers’ compensation law, with Kansas Governor Laura Kelly signing the bipartisan legislation this week. The legislation makes changes that were worked out by attorneys, business groups, and unions, addressing the state’s bottom ranking for benefits.

The last time workers’ compensation laws were updated was in 2011. The law will see increases in benefits. It also includes changes to streamline the process for people who are injured or killed on the job.

“Workers’ compensation is a very focused area of law. It involves injuries that happen on the job. It is not handled by very many attorneys,” said Phillip Slape, a workers’ compensation attorney for Slape and Howard in Wichita. The firm only handles workers’ comp cases.

It is one of those laws people often don’t think about until something happens to them. That was the case for Jennifer Young, who was injured by a patient in 2017 when she worked as a radiology technician.

“Ended up having to need emergency brain surgery, and it’s been a huge change to my life ever since then,” she said.

Young, an advocate for workers’ compensation reform, said the injury left her unable to pick up her son or to take him to parks.

On top of the challenge with recovery, she said the workers’ compensation process was insurmountable. She describes a constant back and forth with the insurance companies to get the needed medical treatments approved. After years in the court process, her benefit settlement was $155,000 for a permanent total disability, which was the maximum amount. This didn’t include taxes and attorney fees, and the total following those costs is supposed to cover her for the rest of her life.

“I was left with about $80,000, and I have no problem sharing my story because this is the real of it, and at the time I was injured, I was 36, and my son was one,” she said. “The courts in Kansas basically told me my life was worth $80,000, and you’re permanently and totally disabled and you went to college for eight years to get a wonderful degree and have fun living off of $80,000 until you reach retirement age of 65.”

Young said in her job, $80,000 is at least what she was making a year.

With injuries changing her life and her family’s, Young’s circumstances gave her purpose in advocating for changes to Kansas’ workers’ compensation laws.

“Through the entire process, I was like, ‘This is ridiculous,’” she said. “What if there was a single mom, and she got hurt at work? There’s no way in this system. There’s no way she would be able to support her children.”

She has been advocating for this for a few years, going to Topeka to testify. This year, that change came with a new law and major reforms.

“It means the world to me because for years we have and I personally, have been advocating to get our workers’ comp laws changes,” said Young. “The devastation that it did to me and my family was horrible, so I know that I had to take a stance to stand up so nobody else behind me had to go through what I’m going through.”

“The biggest issue that we faced and why these laws needed to change was that Kansas was last in the country for benefits,” said Slape.

Slape is one of the experts involved with crafting the legislation. The law is the product of several months of meetings by trial attorneys, business groups and unions. Slape said when they tried to introduce bills in the past from the claimant side, the bills would get blocked by business groups and vice versa. It was elected leaders, Slape said, who encouraged the different sides on this issue to get together and work on this legislation. There were four representatives from the labor side and four from the business.

“We approached this in a different way than we normally do. I mean, usually when you go in front of the legislature, and we’ve tried this for several years, we present the bill. We ask for changes that we want and that either passes or it doesn’t pass,” said Slape. “Because workers’ comp is so complicated, there was a need for all of the parties to get together and compromise to come back with changes in the law that were beneficial to everyone.”

Not just for workers, he said this law will help reduce administrative costs, which will help the businesses side.

“Changes that help Kansans that are good for everyone, that will make this law smoother, make people be able to get the medical treatment they need, to get the compensation that they deserve as a result of their injuries, to move forward with their lives and their jobs,” Slape said.

The law significantly increases benefits for a worker who dies on the job to $500,000 from $300,000. For a permanent total disability like Young’s, the new cap will be $400,000 from $155,000.

In 2027, a yearly adjustment will be made to the benefit caps to account for inflation. Slape said in 44 states, there are no caps on benefits.

This move is being welcomed by those who represent workers so workers have the resources if injured on the job.

Business representative Service Employees International Union Local 513 Esau Freeman said, “It’s awesome. There’s been a bipartisan effort, with people from both sides of the aisle. Labor and legislators getting together to take care of the people of Kansas. This is extremely important because most people didn’t know, but it used to be if you were totally disabled in Kansas, you got a whole $155,000, and we all know how quickly that disappears.”

Freeman said that security is very important to workers who want to know they and their families will be able to be taken care of. Freeman said part of the law includes that if a worker is killed, there’s specific language about the benefits used to help support their children.

Another part of the law changes how medical opinions from doctors are entered into evidence for these cases, allowing just written reports and no requirement for a medical deposition in the claim.

“I didn’t think I would be able to get hurt. It never really crossed my mind, and then all of the sudden, my life was changed forever, but I think us not being at the very bottom of workers’ compensation benefits now is a major positive for all Kansas workers and will definitely provide some security when they go to work every day,” said Young.

Young said the new law doesn’t help her case as it’s finalized, but it’s important for everyone going forward. She said she’ll keep advocating for this issue, and another improvement she’d like to see is a mental health support component for people injured at work and having to deal with the drastic changes that can bring. She said when you’re seriously injured at work and lose your job, you lose the insurance to see a counselor.

The law also makes Kansas National Guard members eligible for workers’ compensation.