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Injured Workers Held Hostage by Kansas Politics

By Craig Gunther
Advocacy | February 15, 2010

TOPEKA, Kan. - The caps for permanent and total disability payments in Kansas haven't been adjusted for inflation since 1987, remaining at only $125,000. As a state, we are among the worst in the nation when you look at workers' compensation policies. Reform on a large scale is needed, but there's one common-sense measure that we can take now to improve the system on our way to economic justice. That measure is Senate Bill 258.

SB 258 adjusts the permanent and total disability caps to account for inflation. Currently, that would put it at a level greater that $300,000. Workers disabled on the job by no fault of their own deserve more than that, but it is better than $125,000. In addition, this bill takes future adjustments for inflation out of the political process.

It gives the Kansas Secretary of Labor the authority to make future adjustments based on the Midwest Consumer Price Index. The Kansas State Nurses Association supports SB 258. Like other workers, nurses often find themselves in unsafe or high-risk workplaces. Needle stick injuries that lead to chronic disease and back injuries are a couple of the disabling risks that nurses face. The likelihood of these is often increased by unsafe staffing levels, which are not uncommon nowadays.

Senator Anthony Hensley, who has stood up for Kansas workers throughout his legislative career, addressed over 1,000 nurses and nursing students about the need for reform of our workers' compensation system this past week at the Kansas State Nurses Association's annual Day at the Legislature. The event was held at the Topeka Performing Arts Center in Topeka, KS. State of the State KS covered Senator Hensley's call for action on this issue.

The bill currently sits in the Senate Business and Labor Committee, which is Chaired by Senator Susan Wagle of Wichita. Senator Wagle makes the decision as to whether or not the bill even gets a hearing this session. Please contact Senator Wagle and let her know that we need to get SB 258 passed this session. Together, all working people need to send a message to the Kansas Legislature that workers are NOT disposable.


2 Comments

Craig, you have brought to our attention a very critical fault in our system.

I don't remember all the details, but wasn't it a former State Insurance Commioner that received near the maximum benefit for reaching into the back seat of his car to pick up his brief case? I wonder if that injury has significantly hampered his ability to earn a living in his chosen field.

We have allowed society to treat the , on the floor, work force as a disposable resource. Is $125,000 even close to what total incapacity due to work related injury is worth?


Ah, I hardly know where to begin. So I begin at home.

My husband barely survived a work related injury in 2006. The largest Worker's Compensation insurer in Kansas and the nation is AIG. While an increase in benefits would be nice, it is in our case, nothing compared to the total overhaul needed in Kansas Worker's Compensation law.

Injured Kansas worker's have no choice in medical providers or services without court order. Kansas law gives control of medical treatment to the employer. The employer signs way this right to the insurer in contracting for this required coverage. That give AIG control of medical providers, treatment plans, and services of every nature related to the work injury.

This "event" in our lives has been catastrophic. In addition to my husbands injuries the event cost me my job. My role as a care giver has subsided now. My role as advocate, para-legal, and medical insurance billing specialist is endless.



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