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While it is possible for workers with pre-existing conditions to receive benefits, there are certain factors that need to be taken into consideration in order to determine if a pre-existing condition will have an effect on your claim.

In the United States, 36 states and Washington, D.C. require businesses with one or more employees to provide workers compensation coverage. Kansas is unique it bases its workers compensation coverage mandate on payroll, not on the number of employees.

Workers compensation is a nationwide system of no-fault work-related injury and illness insurance that pays benefits to cover medical expenses and any lost wages.

Kansas overhauled its workers compensation system in 2011 with the passage of the Kansas Workers Compensation Act (KWCA), which tilted the system in favor of employers and their insurance companies.

According to the Kansas Department of Labor in its 47th Annual Statistical Report, in the fiscal year 2021, 44,506 occupational injuries and illnesses were reported to the Workers Compensation Division, with 47 being fatalities.

An employee who suffered an injury and is receiving benefits under the Kansas Workers Compensation Act may undergo changes – injuries may worsen, for instance – or the employer or insurance carrier may suspect that the employee no longer needs the level of benefits they are receiving.

The Kansas Workers Compensation Act (KWCA) of 2011 made drastic changes to how employees can receive compensation for medical expenses and lost wages due to injuries and illnesses sustained at work. The KWCA established new filing hurdles and seemed to favor employers and their insurance providers against employees injured or ill because of workplace conditions or accidents.

The attorneys at Wichita-based Slape & Howard, staunch advocates for reform to the state’s workers compensation system, recently attended a hearing in Topeka to advocate for Senate Bill (SB) 164, which would expand benefits by eliminating current benefit caps for those permanently disabled.

In Fiscal Year 2021, the Kansas Department of Labor and its Workers Compensation Division report there were 44,506 new claims, which represented a decrease of 1,047 (or 2.4%) from the previous year.

If you are eligible for and receiving workers compensation benefits in Kansas and are also receiving Social Security Disability Insurance (SSDI) benefits, you may be subject to what is known as an “offset.”