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Any employee who is injured on the job or while engaged in activities related to that job may be entitled to workers' compensation coverage.

Typical benefits frequently used include access to medical care, payment of wage replacement income for temporary inability to work, and payment for permanent impairment or disability.

Whether you are entitled to workers' compensation benefits often involves complex legal and medical-legal analysis. Not every possible claim requires an attorney, but you should be aware you have specific legal rights and obligations. Experienced attorneys will discuss questions with you, typically without initial charge.

The definition of what falls within the category of an "injury" is very broad and includes almost any health impairment (i.e. back injuries, neck and shoulder injuries, broken bones, heart attacks, diseases, abnormal psychological conditions, etc.). If you have a specific question about an injury you have received, ask your Union's representative or your attorney. If your Union representatives cannot immediately answer your questions, they will put you in contact with attorneys who will speak with you.

Because each case is different and has many unique features, it is impossible to explain all aspects which may affect your directly.

Please understand this pamphlet is not intended to constitute specific legal advice on your case. You should rely upon the specific advice and direction that come from an attorney at Boyd & Kenter, P.C.

NOTICE
If you have suffered a work- related injury, it is important that you give written notice immediately to your employer. Unless the employer has actual notice of the occurrence of an injury with 10 days from the date of injury, you may be precluded from collecting workers' compensation. In some cases, that time may be extended to 75, days but only in unusual circumstances. If this is at all an issue in your claim, contact your attorney. Usually employers have an "employer's report of injury" filed after an injury. Use the Form 15 document to accomplish this task. Keep one copy for yourself and give the original to your Employer. Do not hesitate to report all injuries, no matter however small they may seem initially. Failure to timely provide notice could eliminate access to coverage, even if the slight injury becomes quite serious months later.

STATUTE OF LIMITATIONS
There are variable time limits in which a workers' compensation claim must be brought or you waive your right to any coverage or recovery. In some cases, this is 200 days from the date of accident or last payment of compensation, whichever is later. This is a typical matter to discuss with your attorney, who can assist you calculate the time limitations.

PERMANENT IMPAIRMENT OR DISABILITY BENEFITS
"If I return to work, is that the end of my case?" Not at all. If you have limitations of motion, decreases in strength, permanent restrictions, chronic pain, or decrease in future job opportunities as a result of any injury, you may be entitled to additional coverage and compensation. There are countless examples of permanent injuries that workers are not compensated for merely because they fail to make a claim after they return to work.

Furthermore, you are entitled to lifetime medical benefits related to your injury unless you release that right.

MEDICAL BENEFITS
The employer, through its insurance company, is required to furnish all reasonable medical services, including but not limited to medical, dental, physical rehabilitation, hospital services or the supply of prosthetic devices. In addition, the employer's insurance company is required to pay transportation expenses incurred by the employee going to and from his/her visits to the doctor. Unless the employee is required to go out of town, the benefits are normally limited to mileage.

The employer has the right to choose the physician to whom you will be sent for treatment. However, you may request a different doctor if the services provided by the appointed doctor are unsatisfactory. This requires intervention of the court. If you are dissatisfied with the medical treatment you are receiving or you think additional medical care would be beneficial, please feel free to talk with your attorney about it. Oftentimes, your lawyer is able to get the insurance company to cooperate with you in this regard.

WHILE YOU ARE UNABLE TO WORK DUE TO YOUR INJURY (TEMPORARY TOTAL DIS-ABILITY/TEMPORARY PARTIAL DISABILITY
If you were injured on the job to an extent that you missed work during the time you were recovering from your injury, you may be entitled to what is called temporary total disability payments. These payments commence after you have been off work 7 days and will continue so long as you are disabled. The first week of benefits is not due unless and until the employee is off three weeks.

In the event you are unable to return to work but you have reached your maximum level of recovery, then the insurance company will attempt to cut off your temporary total disability benefits since you, by definition, are no longer temporarily disabled. You need to anticipate loss of benefits when you are rated or released.

PERMANENT PARTIAL DISABILITY (PPD)
This is where your attorney can typically be of the most benefit in protecting your interests. If you return to work, there is usually little dispute regarding the amount of temporary total disability payments to which you are entitled and, therefore, the insurance company will usually pay these benefits. At the point you have either returned to work or the doctors believe there is no further improvement anticipated in condition, the insurance company may attempt to resolve your claim.

You must remember that the insurance companies are not in business to protect your interests.

If you are able to return to work of some kind, but you continue to have some permanent difficulties, then you may be entitled to permanent partial disability payments. There are two types of permanent partial disabilities under Kansas law. The first type of permanent partial disability involves an injury to a "scheduled member." If you suffered the loss of use of a finger, hand, arm, toe, foot, leg, eye, shoulder or loss of hearing, then your disability falls within this category. If you suffered a compensable loss or loss of use to more than one scheduled member, then you may be entitled to be evaluated on the "body as a whole."

For example, a carpenter who permanently injuries his wrist so that he can no longer engage in his occupation would receive the same amount as a banker with the same injury to his wrist who could not continue with his/her occupation. Although this is a very inequitable and arbitrary manner in which to handle workers' compensation for a scheduled member, it is what Kansas law currently provides.

WHOLE BODY DISABILITY
The second type of permanent partial disability involves an injury to the "body as a whole." This occurs when an injury produces a permanent disability that extends beyond a scheduled member injury into the trunk of the body, head or multiple scheduled injuries. The most typical injuries of this kind would be an injury to the back, hip or multiple scheduled injuries. If you suffer an injury to the "body as a whole," you will be entitled to benefits based upon your bodily disability. In some cases, you may be entitled to "work disability." Work disability takes into account the employee's age, education, training and medical restrictions as well as the claimant's inability to earn comparable wages. Because a severe scheduled member injury usually may include a psychological injury also, you may be entitled to compensation based upon work disability even though your original injury was to a scheduled member. Please feel free to discuss the physical and psychological ramifications of your injury with your attorney.

PERMANENT TOTAL DISABILITY
If you are unable to return to work for the rest of your life because of compensable injury, you may be entitled to permanent total disability as well as lifetime medical benefits.

DEATH BENEFITS
These benefits are payable to the dependents of an employee in the event the compensable injury results in the employee's death. These benefits are payable to the surviving spouse. In the event there are dependent children, the benefits will be apportioned, one-half to the surviving spouse and one-half to the dependent children. Dependent children are entitled to benefits until they reach the age of 18 or until the age of 23 if they are full time students in an accredited institution. Others may also qualify if there's an actual showing of dependency. Upon remarriage, if there are no dependent children, these payments cease, but the spouse is entitled to a 100-week lump sum settlement.

AMOUNT OF BENEFITS
The amount of weekly benefits is dependent upon the amount of your gross earnings at the time of your injury, but not to exceed 75% of the state's average weekly wage. We will check to make sure you are receiving compensation at the appropriate rate.

One of the most frequent questions asked by new clients is, "How much are we going to sue for?" Under the Director's rules, we do not ask for a specific amount in our claim. Before we can analyze your claim, it is necessary to review all of your medical records, wage records and perhaps conduct a vocational evaluation.

WHAT HAPPENS AFTER A WORKERS' COMPENSATION CLAIM IS BROUGHT?
Under the laws of the State of Kansas, there are few secrets in lawsuits. The employer/insurance carriers are entitled to obtain information about the accident, how the injuries have affected the person, and what is anticipated in the future. An attorney's policy should be to answer all legitimate questions from the carrier fully and truthfully.

Once a claim has been started, the claimant and defendant have the right to obtain information about the case by using depositions.

Discovery depositions involve the taking of verbal testimony from a person under oath. If a client's deposition is taken, the attorney is always present with them. A court reporter, who takes down the sworn testimony, is present. Before a deposition of a client, the attorney will take all the time necessary to go over the types of questions that will be asked so there are no surprises.

Medical examination: The employer/insurance company have a right to have you examined by a physician of their choice. This examination can occur once per month. The insurance company will pay the costs of this examination and a report will be given to the insurance company about the doctor's findings and opinions. This report must be produced to your attorney.

THE TRIAL
After the claim has been filed, the claimant will be evaluated and the matter will be set for a pre-hearing settlement conference. The purpose for this pre-hearing settlement conference is to determine what issues the parties are going to litigate. The pre-hearing settlement conference is an informal hearing before the Court which requires the attendance of the attorneys and the claimant. Prior to the pre-hearing settlement conference, it is important that the attorney be given all unpaid medical bills, itemizations of medical mileage as well as prescriptions. You will be asked to attend the pre-hearing settlement conference and will ordinarily discuss possible settlement options.

If the matter is not resolved at the pre-hearing, the Court may order an independent medical evaluation (IME). This procedure involves the Court appointing a physician to examine you and render a report regarding his/her findings and conclusions. The Court will consider this report without testimony from the doctor. Normally, the Court gives significant weight to the opinion of the independent medical examiner.

If the parties cannot resolve the matter after the IME, the matter will be set for a "trial." A trial is merely a hearing at which the claimant offers testimony to the Court about his/her accident, treatment, unpaid bills, medical mileage, the need for future care and treatment and permanency.

After the regular hearing, the attorneys will obtain evidentiary depositions of the appropriate witnesses, including examining physicians or vocational experts. The Court normally gives the injured worker 30 days after the hearing date to complete his/her evidence and the employer is given an additional 30 days to produce its evidence.

Thereafter, the matter will be submitted to the Court for a decision.

The Court makes an attempt at writing the decision within 30 days but is not always successful.

APPEALS
Either party that is unhappy with the findings of the Administrative Law Judge may appeal the matter to the Workers' Compensation Appeals Board.

The appeal has to be requested within 10 days, so it is important that you immediately contact your attorney's office regarding your assessment of the Award and whether or not you desire to appeal. Appeals normally take several months and additional work. Decisions from the Workers' Compensation Appeals Board may be appealed to the Kansas Court of Appeals. Again, this procedure is time consuming but often necessary.

HOW CAN YOU HELP YOUR ATTORNEY?
You are entitled to the best medical care available for injuries caused by the accident. It is important that you continue to go to the doctors as long as your injuries continue to bother you. You should cooperate with the doctors in every way and should relate to the doctors truthfully and fully all symptoms effected by the accident. You should realize that medical treatment often takes time to obtain results, and often the possibility of a doctor's diagnosis being accurate is improved by opportunities for further examination. Do keep your attorney constantly informed on your recovery from the injury you received, your employment status, and your address and telephone number changes.

Do not discuss the details of your accident or injuries with persons not entitled to the information. It is possible that the individual who injured you, their insurance company, investigators, or even attorneys, may contact you and want to speak to you directly about the case. If this occurs, you should refer these individuals to your union or attorney. Do not make statements to any persons without your union's or attorney's specific approval.

If you have already made statements to an insurance company representative, or anyone else, tell your union and attorney immediately so he can get a copy of the statement.

When Personal Injuries Result in Death: Wrongful Death Cases
In general, a wrongful death claim is one in which it is alleged that a person died as a result of another's negligence. The deceased person's surviving relatives, dependents, or beneficiaries may bring suit against the responsible party or parties, seeking monetary damages for their losses. Each state has its own wrongful death law and not every state follows the same guidelines, principles, or rules. A personal injury attorney at our firm can advise you on whether you have a valid wrongful death claim and can help you pursue that claim against the responsible party or parties.

Wrongful Death Laws Vary from State to State
Some states have "true" wrongful death acts in which the deceased person's survivors or next of kin are entitled to bring a cause of action for their damages resulting from their family member's death. Other states have acts that are more properly called "survival actions." In general, survival actions are brought on behalf of the deceased person for the deceased person's pain, suffering, and other damages resulting from the injuries that caused his or her death.

The individuals who are entitled to bring a wrongful death claim also depends on the jurisdiction. Generally, the primary beneficiaries of the person who has died (often the spouse and children) are able to bring a claim, and in some states the parents of the deceased person may be also designated as beneficiaries. In most states, if the deceased person did not leave behind a husband or wife, children, or parents, there may be no one who may bring a wrongful death claim. Sometimes, the recovery, if any, is simply doled out to the deceased's "heirs at law" or as provided by law.

In many jurisdictions, it is not necessary that the defendant's conduct be the sole cause of death. Even when the defendant's negligence contributes only in part or in tandem with other circumstances to a person's death, liability may still attach.

When must a wrongful death claim be filed?
Every state has its own statute of limitations for wrongful death, which defines the time frame during which a lawsuit must be filed. In Missouri, the statute of limitations for a wrongful death claim is 3 years, but can be as short as 2 years for claims involving medical negligence. In Kansas, the statute of limitations for both wrongful death and medical negligence is 2 years. The statute of limitations usually runs from the time of the victim's death, although some states may allow a lawsuit to proceed if the act which caused the death was not discovered until later. In some cases, an estate must be opened in a time period specified by law. This time period may be as short as 1 year.

Wrongful Death Damages
When a defendant is found legally liable for the death of another, the types of damages that may be recovered can also vary greatly. For example, the plaintiffs in a wrongful death case may be able to recover the following:

• the deceased's medical expenses
• funeral and burial expenses
• lost earnings, and lost benefits (such as pension benefits or medical and health insurance coverage)
• in some states, the plaintiffs may be able to recover damages for pain and suffering or mental anguish that they experienced as a result of the death as well as punitive damages.

Non-economic damages are more difficult to calculate than economic losses. Recoverable non-economic losses may include damages for loss of household services, loss of companionship, comfort, instruction, guidance, counseling and consortium (i.e. the relationship between a husband and wife). Generally, there can be no recovery for grief and bereavement suffered because of the death. In order to recover for any damages, economic or non-economic, the plaintiff must prove that the losses did in fact occur or that future losses are more likely than not to occur.

The method and manner of calculating damages in a wrongful death action can be very complex. This potential complexity is especially true when trying to calculate the monetary loss to which the plaintiffs are entitled. Monetary loss, sometimes called pecuniary loss, generally includes the survivor's lost support, contributions, and services of the deceased person. The computations for these damages are typically based on the deceased person's life expectancy and work life expectancy as well as the life expectancies of the beneficiaries and, where necessary, the remaining period of minority of any beneficiaries.

In cases where there is more than one beneficiary, the damages will be distributed among those beneficiaries. Most states allocate the damages among the beneficiaries in accordance with their losses. However, in some states the recovery is divided as spelled out in its wrongful death or intestacy laws.

Defenses to Liability in Wrongful Death Cases
In general, a defendant is entitled to raise any defenses in a wrongful death action that could have been raised in an action brought directly by the decedent, had he or she not died. Therefore, if the decedent was contributorily negligent in causing his or her own death, the defendant may assert that defense in the wrongful death action. Also, in most states, if the decedent had already recovered damages, such as in a case where the death was not immediate and the decedent was able to bring his own successful personal injury claim, the survivors may not then successfully bring a wrongful death action and recover for the same injury. There are limitations to this prohibition, and in some situations the survivors may still be entitled to bring a wrongful death action in their names.

Conclusion
When a loved one dies, the complexities of a legal claim against the wrongdoer can be overwhelming. At this already stressful and emotion-laden time, the assistance of an experienced personal injury attorney at our firm who can guide surviving family members through the complex legal maze and help secure compensation for their devastating losses can be invaluable. The experienced attorneys at Boyd & Kenter, P.C. urge you to call us for a free consultation. In Kansas City, that number is 816-471-4511 and in Sedalia, 660-829-1118. We are committed to protecting the rights of injured people and their families. If your family member has died in a car accident, you might have a wrongful death case. We can help recover economic and non-economic damages for the injuries you sustain.

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Injuries from accidents occur in many different settings. Sometimes the injuries arise from an automobile or motorcycle accident, other times they may occur as the result of a dangerous condition on another person's property or perhaps from the use of a product which malfunctions or is improperly designed. In the worst of circumstances, injuries can result in the wrongful death of a person leaving behind surviving family members to deal with the emotional and financial losses caused by the wrongful death.

Q. I have been in a car accident, now what?
A. Many personal injury cases arise from the operation and use of motor vehicles. It is always a good idea to call a local law enforcement officer to make sure that the proper accident report is made to document the facts ofthe accident.

Q. I don't like the idea of calling the police on a minor accident, should I?
A. Although it may not seem important in instances where the accident seems tobe relatively minor in nature, many times injuries from low speed impacts do result in significant permanent personal injury and if the local law enforcement agency has not had an opportunity to investigate and prepare a report regarding the accident, then there is no "official" report of the facts. Additionally, police officers frequently take the names of persons who may have observed the accident as witnesses and later, if the cause of the accidentis in dispute, this information can be critical in resolving any disputes as to how the accident occurred. Finally, the law requires you report all accidents involving $500.00 or more in property damage.

Q. Right after the accident I didn't think I was injured, but now I am very sore, what should I do?
A. Get in to see your doctor immediately and advise that at first you thought youweren't hurt, that you were wrong and need be checked out. In any type of accident whether it is a car accident, a slip and fall, or injuries resulting from a defective product, a person rarely has the ability to assess their own injuries. Many times injuries received in an accident do not become apparentfor several days or weeks.

Q. If someone asks me if I am hurt and I am not sure, what should I say?
A. If you are asked how you were doing at the scene of an accident by anyone,simply indicate that you don't know. In time, you will be able to tell if you have injuries from the accident and can seek appropriate medical treatmentat that time.

Q. Should I contact my insurance company?
A. Yes, in most instances you should immediately contact your insurance company. Kansas, like many states, requires automobile liability insurance policies to provide Personal Injury Protection benefits in any auto liability policy issued in the state of Kansas. We will look at PIP benefits later in thisbooklet.

Q. Should I give a statement to people that call on the phone or come by the house to asking about how I got hurt?
A. It is also better practice to consult with an attorney before giving any statements about how the accident occurred.

Q. What happens if I'm hurt on somebody's property?
A. Just like with automobiles,property owners carry liability insurance to protect them in the event someone is injured while on their property. These types of accidents are commonly referred to as "slip and fall" cases. Injuries can happen from such things as slippery areas caused by bad whether, open trenching or holes on the property, or inadequate lighting resulting in an area being unsafe because dangerous conditions are hidden in darkness. The owner of the property is required by law to exercise reasonable care for the protection of persons invited upon the property.

Q. Does that mean anytime I am hurt on someone's property they are responsible for my medical bills?
A. If it can be shown the owner of property failed to use reasonable care in maintaining the property in a reasonably safe condition you can usuallyrecover your medical expenses and other damages.

Q. What damages can you recover if you are hurt on someone's property?
A. An injured person may recover damages for their injuries including medical expenses, loss of earnings from work, pain and suffering and for any permanent disfigurement of disability. An experienced personal injury attorney can assist you in analyzing the facts of your case, the law that applies to the facts and help you reach an educated decision about whether or not you have a valid claim against the owner of the property. As with car accident claims, it is wise not to give any statements to any insurance adjusters until you have had an opportunity to consult with an attorney of your choice.

Q. What is a "wrongful death" claim?
A. A wrongful death claim is a claim arising out of the death of a family membercaused by the negligence of a third party.

Q. What are the damages in a wrongful death claim?
A. With the death of a husband, wife, parent or other family member, there are often other losses beyond the loss of the person. The loss of earnings from a spouse, the loss of the financial support from a parent or other family member can have devastating financial effects on the surviving members of the family.

Q. Is there a limit to damages for the economic harm that can be recovered?
A. There is no limit on the amount of money that can be recovered for economic loss caused to the family as long as the available evidence at trialsupports the jury's decision.

Q. What other damages may a jury award?
A. Juries are also permitted to award damages for the emotional losses suffered by the family following the death of a loved one.

Q. I have heard of a "survival action," what is that?
A. Occasionally, the injured person initially survives the trauma of the accident,living for days, weeks or even months after the accident before dying. The remaining family members also have a right to bring a claim on behalf of the estate of the person to recover the damages the deceased's family member suffered before death.

Q. What damages would this include?
A. This type of claim is referred to as a "survival" action and provides paymentto the estate of the deceased for the lost earnings, medical expenses pain, suffering and emotional distress that was experienced from the date of the accident to the date of death.

Q. How do I know if I need an attorney?
A. The more severe the injury the more certain it is that the advice of an experienced personal injury trial attorney is necessary. Successful personal injury trial lawyers routinely analyze complex fact patterns, assess the financial losses suffered by the injured party following an accident and understand the process of preparing the file to successfully negotiate asettlement or successfully try a case to a jury.

Q. What does it cost to get initial advice from an attorney?
A. Most experienced personal injury attorneys will gladly meet with you and discuss your case at no cost initially.

Q. If I hire an attorney what does that cost?
A. Personal injury cases are usually taken on a contingent fee, meaning if thereis no recovery for you, no fee is owed.

Q. What are expenses?
A. Expenses are things like charges for medical, official, and other records; photocopying costs; postage; long distance telephone charges; legal, medical, and other research charges; travel expenses; charges for physicians' reports; consultation and expert witness fees; messenger and special delivery charges; court costs; service of process fees; witness fees; subpoena expenses; deposition charges; exhibit preparation expenses; and mediator fees

Q. Who pays expenses while the case is progressing toward settlement or trial?
A. Generally, your attorney will cover these expenses as part of his contract of employment with you on the claim. At the conclusion of the matter you reimburse the attorney.

Q. I have heard the term comparative fault, what does it mean?
A. The concept of comparative fault is that anytime there is an accident, the causes of the accident can be determined and expressed as a percentage of fault. In Kansas, the concept of comparative fault means that when you look at how an accident happened, you determine how much fault the parties to the accident contributed to its occurrence. The combined total fault of the parties should add up to 100%.

Q. Can you give me an example?
A. Sure, for example, if two cars run into each other head on straddling the center line on the highway both drivers might claim the other driver is at fault. A jury looking at those facts may determine that the drivers are equally at fault and assign the fault at 50% to each driver, the combined fault of both drivers equaling 100%.

Q. Why is this important?
A. In Kansas, the assignment of comparative fault becomes important because you can only collect that percentage of fault assessed to someone other than yourself in the occurrence of an accident.

Q. Can you give me an example of how that works?
A. Certainly, let's say a jury determines you were 20% at fault in an automobile accident and the other driver was 80% at fault. You cannot recover damages from yourself. Since you were 20% at fault, you are only allowed to recover up to 80% of your provable damages.

Q. Are there other comparative issues I should be aware of?
A. Yes, in Kansas your fault must be less than 50% you recover nothing. Kansas uses a "modified comparative fault" rule which says that if you are 50% or greater at fault your claim is barred by law. Basically stated if the accident is mostly your fault, you lose

Q. Who decides the fault of the parties?
A. A jury or judge is required to consider the facts and determine what percentage of fault the injured party should be assigned measured against the fault of the person(s) causing the accident.

Q. How is all this important in personal injury cases?
A. Because of the judge or jury decides fault, proper development of the case is important to place as much of the fault in the accident on the other parties. An experienced personal injury attorney can be very valuable in proper case development thereby maximizing the fault placed on other parties and increasing the recovery for the injured person and his or her family.

Q. Does comparative fault apply to all personal injury cases?
A. Yes, comparative fault principles apply to all accident cases whether they are an auto accident, a slip and fall case, a defective product case or -a wrongful death case.

AS ALWAYS, IF YOU HAVE QUESTIONS, PLEASE CONTACT THE ATTORNEYS AT BOYD & KENTER, P.C.

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QUESTIONS AND ANSWERS ON NO-FAULT INSURANCE

Q. What are Personal Injury Protection benefits?
A. Personal Injury Protection benefits, commonly known as PIP benefits, are insurance benefits which must be included in any policy of automobile insurance issued in the State of Kansas. By law, you are required to carry insurance on any car which is registered in the State of Kansas. PIP coverage provides immediate money to pay medical, lost wages, and other benefits without regard to who caused the accident.

Q. Who is covered by PIP benefits?
A. Typically, the benefits cover you and your immediate family. This would cover relatives residing in the same household by any degree of blood, marriage, or adoption.

Q. Do I have to be driving my car to receive PIP benefits?
A. No. You may be able to receive PIP benefits even if you are driving another vehicle. You are also entitled to receive PIP benefits if you are a passenger in your car or someone else's car.

Q. Does this mean that I can have one car insured with PIP benefits and drive another uninsured vehicle which I own and still be covered?
A. No. You must have insurance on all cars that are registered to you in the State of Kansas. If you are driving a car that is not insured, you will not have any PIP benefits available under any policy that may be issued on another vehicle.

Q. What happens if I am driving a friend's car that is uninsured?
A. The insurance on your personal automobile will provide your Personal Injury Protection benefits.

Q. No-fault insurance sounds good. How do I go about claiming my PIP benefits if I am in an accident?
A. Contact your insurance agent or the claims office of your insurance company and ask them to mail you an application for PIP benefits. Once you receive it, fill out your application and return it to the insurance company so they can process your claim.

Q. I have a car and insurance in a state that does not have no-fault laws. I have checked and I do not have PIP benefits. I was involved in an accident in Kansas and received an injury. What do I do?
A. If you are an out-of-state resident and you received an injury by accident in the State of Kansas, you are still entitled to minimum PIP benefits as provided by Kansas law. You need to contact your insurance agency and tell them that you want to make application for PIP benefits.

Q. I just bought a new car, and with my luck, I had an accident two days after I purchased it. Unfortunately, it was before I could contact my insurance agent to get insurance on the car. Now what?
A. If you already have insurance in place on your old car, bylaw, you have up to 30 days to add your new car to your policy. You should check with your agent upon purchasing a new car; some policies do limit the time period to add a new vehicle. Once your insurance on the new car is effective, you will also have PIP benefits in effect.

Q. Is "PIP" mandatory on motorcycles?
A. No. The statutes define an automobile very specifically. PIP coverage is mandatory on passenger cars and trucks. Policies on motorcycles and other specialty type vehicles are not required to provide PIP coverage. Many companies will write PIP benefits for motorcycles or other specialty vehicles; however, there is always an additional charge. To insure that you have benefits, you must contact your agent at the time your purchase a motorcycle or other specialty vehicle and make sure that your company adds "PIP" coverage to the insurance policy which you take out on the motorcycle or specialty vehicle.

Q. I had a friend tell me about increased or deluxe benefits. What are those?
A. The minimum PIP benefits are defined by statute. Most insurers provide only this minimum level of coverage unless you specifically ask for increased benefits. To obtain these, you need to specifically request the company quote you a premium for deluxe or increased benefits.

Q. What kind of benefits are available under PIP if I am injured in an accident?
A. The benefits are set by contract between you and your insurance company. However, the laws in the State of Kansas provide minimum benefits which areas follows:

1. Disability benefits;
2. Funeral benefits;
3. Medical benefits;.
4. Rehabilitation benefits;
5. Substitution benefits; and
6. Survivor benefits.

Q. What are disability benefits?
A. Disability benefits represent part of your monthly earnings. Disability benefits may be available even if you were unemployed at the time of the accident. You must be unable to work due to the injuries received. If you were unemployed at the time of the accident, your benefits can be calculated on past income and present ability. If you were employed at the time of the accident, the law allows you to collect up to 85% of your monthly income up to a maximum amount of $900.00 per month in disability benefits. These benefits normally do not run for more than one year. Of course, you may purchase increased or deluxe benefits as noted above, which can dramatically increase your monthly disability benefits figure.

Q. What are funeral benefits?
A. This is an allowance for the funeral, burial, or cremation, not to exceed $2,000.00.

Q. What are medical benefits?
A. By law, your insurance company must provide at least $4,500.00 in medical coverage. This covers reasonable medical expenses rendered by practitioners licensed by the Board of Healing Arts. These include surgical benefits, x-rays, dental, as well as prosthetic devices, ambulance charges, hospital charges and specialized nursing care. These benefits are to name a few and are not representative of the types of benefits covered, but are certainly not the only ones covered.

Q. Are doctors of chiropractic care covered under the medical benefits?
A. Yes. Since they are licensed by the Board of Healing Arts, reasonable chiropractic care would be covered under the medical benefits portion of your policy.

Q. What are rehabilitation benefits?
A. Rehabilitation benefits are allowances up to $4,500.00 for psychiatric services, occupational therapy, or occupational training necessary to enable you to obtain suitable employment. This would include any retraining that you might have to have to return to employment or gain new employment.

Q. Are you saying that my insurance company might pay for me to learn a new trade?
A. Yes. In some cases, your insurance company under the policy is obligated to retrain you to gain employment if your injuries prevent you from returning to your old job.

Q. What are substitution benefits?
A. Substitution benefits are the reasonable expenses incurred in obtaining ordinary and necessary services that you would have been performing, but for the injuries. There is a maximum of $25.00 per day for no longer than 365 days if such expenses incur. This would include any maid or cooking services, as well as other types of services that you might perform around the house that you are unable to do because of the injuries.

Q. What if my spouse performs those services for me now, but he/she didn't use to? Do I still get benefits?
A. The answer is not clear on spouses performing services. However, in many cases, spouses can be reimbursed for the services they have to perform because of your injuries.

Q. What are survivor benefits?
A. Survivor benefits are a total allowance to all survivors for the death of a covered person. Survivor benefits shall be up to a maximum of not less than $900.00 per month. Survivor benefits enter into a fairly complex area of the law that is best reviewed by an attorney. Survivor benefits can be set off by other things, such as Social Security, reduced expenses because of death, and other benefits that a person may receive at the time of death. If you think you have a survivor benefit claim, it is very important to obtain the advice of an attorney to make sure you are not giving up other benefits, which you might also be able to claim in addition to survivor benefits.

Q. If I am driving a friend's car and I have higher PIP benefits, which company pays?
A. The insurer of the motor vehicle which you are driving provides the "primary" coverage and your coverage would be "secondary" coverage on the accident. In any event, you get the amount of the highest benefits.

Q. In the above example, if I had higher benefits, does that mean I would be limited to my friend's benefits?
A. No. While you cannot add the benefits, you are entitled to the maximum benefits available under either policy. In the above example, your friend's policy would provide the basic level of benefits and the deluxe benefits available under your policy would pay you the difference between the basic benefit level and the deluxe level.

Q. I was on foot when I was struck by another vehicle. Am I still entitled to benefits?
A. Yes. You are still covered by PIP benefits, so long as you had insurance on your car at the time of the accident and your injuries were caused by an automobile.

Q. My son goes to college nine months a year, but he lives at home in the summer. Is he still covered by my benefit?
A. Yes. Since your son is a blood relative residing in the home, even though temporarily absent, he is still covered by your benefits.

Q. I was driving in the course of work when I had an automobile accident. My employer says I have workers' compensation benefits. Does that make a difference?
A. Yes, workers' compensation benefits are always primary.

Q. If I was working when I got injured, should I not even worry about PIP benefits?
A. You should still notify your insurance agent or claims adjuster that you are injured. It doesn't cost you anything to make a claim under your PIP policy. In some cases you may qualify for both benefits. This area of the law is new and complex. You should contact an attorney familiar in these matters to see if you qualify for both benefits.

Q. Is it hard to get these PIP benefits?
A. No. PIP benefits are simple to obtain in most instances. You obtain the application for PIP benefits from your insurer, complete it, and mail it back in. Technically, on proper notice, your company is supposed to immediately begin payments of PIP benefits. In some cases, it maybe necessary to hire an attorney to collect PIP benefits.

Q. How long will it take to get these PIP benefits?
A. Personal injury benefits are payable by law and shall be overdue if not paid within thirty (30) days after an insurance company is furnished with written notice of the loss. Disability benefits shall be paid at least every two (2) weeks after the notice. Overdue payments bear simple interest at the rate of 18% per year.

Q. What if my insurance company doesn't pay on time?
A. The law allows the insurance company to make reasonable denials of benefits. If they are correct, the benefits are not overdue since they didn't have to be paid. If they are incorrect, it is altogether possible that you might be able to collect the interest as well as the benefits.

Q. Can I hire a lawyer or will I be penalized?
A. Many people hire lawyers to help them with PIP benefits since they can be complex to understand. There are no penalties for hiring a lawyer.

Q. Is it worth a lawyer's time if we are only a few dollars apart?
A. If your company is voluntarily paying you the maximum stated benefits under your policy, it is probably not worth your effort to retain an attorney. On the other hand, if you are uncertain whether or not your company is making proper payment to you under the policy, most reputable lawyers will not charge you anything to advise you whether or not there appear to be any additional benefits to which you are entitled. Secondly, if your insurance company refuses to pay you these additional benefits to which you maybe entitled, your attorney may be entitled to attorney's fees against the company if it is necessary to file suit against the company to secure payment.

Q. These PIP benefits sound great, but what happens if they are not enough to cover my losses? Does that mean I can't sue?
A. No. You still retain your rights to sue for the injuries you received out of the accident. However, because no-fault insurance is a compromise, there are certain restrictions on suing. The laws of the State of Kansas provide the following prerequisites before you can recover damages for pain and suffering, mental anguish, inconvenience, or other non-pecuniary losses because of the injuries. These threshold limits are:

A. Medical services having reasonable value of $2,000.00 or more; or
B. An injury consisting, in whole or in part, of permanent disfigurement; or
C. A fracture to a weight-bearing bone; or
D. A compound, comminuted or displaced, or compression fracture; or
E. Loss of a body member;
F. Permanent injury within a reasonable medical probability,permanent loss of bodily function, or death.

Q. I receive free medical benefits. Does that mean I can never sue?
A. No. The medical threshold is based on the value of the medical treatments, not on the amount that you actually paid. This could even include the value of benefits provided by a family member that would normally be performed by a nurse or other professional.

Q. How long do I have to make a claim for my PIP benefits?
A. In Kansas, the statute of limitations on a written contract is five (5) years. However, if you also have a negligence claim arising out of a two-vehicle accident, you must bring any negligence action against the other driver who you feel is at fault within two (2) years of the date of the accident

Q. If I want to sue the person who caused the injuries, how long do I have to file that lawsuit?
A. By statute, if you have not filed suit within 18 months, your insurance company has the right to file suit to protect its interests and on your behalf.

Q. What does it mean if the insurance company brings it on my behalf?
A. Your PIP insurance company has a right to be repaid. If you don't file suit within 18 months to protect your rights and the rights of the insurance company, they may file suit to recover what they have paid. If the insurance company files suit against the negligent third party who caused the accident, they are also obligated to contact you and make sure that your rights are protected as well.

Q. Are benefits anything like uninsured motorist coverage or underinsured motorist coverage?
A. No. Uninsured motorist coverage is coverage that you have in addition to PIP. It covers you for injuries you receive from another vehicle that does not have insurance. Uninsured motorist coverage is a complex area of the law, and you should consult with an attorney if you have been involved in an accident and the other party does not have insurance, or you believe that they do not have insurance. Underinsured motorist coverage is an offshoot of uninsured motorist coverage. Underinsured motorist coverage means that the person's coverage for insurance is less than your coverage. Again, this is also a very complex area of the law, and you should seek the advice of an attorney qualified in these types of cases.

Q. Is this all I need to know about PIP benefits?
A. Probably not. This booklet was designed to provide you with a general understanding of PIP benefits. In some cases, the information will be enough that you know what your rights are. Unfortunately, there are still many cases in which a person will need to hire a lawyer to aid them in recovering their PIP benefits.

Q. What happens if I am not sure that I need a lawyer? Where do I get advice?
A. Our firm members have dedicated themselves to providing a first consultation free for people with questions. This consultation can be either by phone or by person. If you have questions regarding your PIP benefits, please call us at BOYD & KENTER, P.C. Insurance coverage can be complex and confusing; sometimes you just need to know what you have to do to obtain your benefits.

Q. If my insurance company and I don't sue anyone for this accident, do I have to pay my insurance company the money back?
A. No. The insurance company only has a right to be paid back if you are paid by the person causing the accident. If neither you nor your insurance company sue anyone on this accident, then you will not have to pay any of the money you received in PIP benefits back.

Q. Should I tell my doctor that I have PIP benefits?
A. Yes. It is very helpful for the doctor to have a copy of your policy so he knows to whom to send the bills. If a doctor does not want a copy of your policy, sometimes it would be helpful if you just let him know who the insurance company is and the type of benefits you have available. Remember, PIP benefits are required by law in the State of Kansas.

DO's AND DON'T's - THE FINAL CHECKLIST

Do notify your insurance agent in writing of your accident.

Do claim PIP benefits even if the auto accident occurred while at work.

If the auto accident occurred when you were at work, notify your employer immediately and notify your insurance agent that it was a work-related injury.

Do tell your doctor that you have PIP benefits available for treatments.

Do turn in all your bills to your insurance agent or adjuster for payment.

Do keep a copy of all your bills should your insurance company deny payment.

Do cooperate with your insurance claims adjuster regarding any reasonable request that they may make.

Do remember that claims involving automobile accidents must be filed within two (2) years of the date of the accident.

Do seek advice of a lawyer qualified in this area of the law, if your insurance company is seeking to change your physician, refusing to pay your bills, or not being responsive to your needs.

Claims against an insurance company on any written policy of insurance must be brought within five (5) years. However, do not mistakenly think that you have five (5) years to file suit on an automobile claim. These claims are governed by a two (2) year statute of limitations as set forth above.

Make sure that any car you sell is properly transferred to the new owner. If not, you may still be the registered owner of the car. Kansas requires that you carry the title to insurance on all vehicles "registered" to you.


IF YOU HAVE QUESTIONS, PLEASE CONTACT ONE OF THE ATTORNEYS FROM BOYD & KENTER, P.C.

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To: Social Security Disability and SSI Applicants
Re: Common questions about:

1. Applying for disability benefits from the Social Security Administration
2. Appeals
3. Attorney Representation

This memorandum answers common questions about applying for social security disability or supplemental security income (SSI) benefits. Please read it carefully.

How can I tell if I am disabled enough to apply for social security disability benefits?
Although it gets easier to be found disabled as you get older, you don't have to be bedridden, even if you're a young person. If you cannot work at a regular job, including your past jobs, because of your medical problems, that ought to be enough.

Nevertheless, being unable to work and being found "disabled" by the Social Security Administration (SSA) are two different things. It is often not easy to convince the SSA that you are disabled, even if you genuinely cannot work. At the same time, however, it is not impossible.

If you really cannot work, apply for social security disability benefits. And keep appealing any denials at least until you go through the hearing before an administrative law judge.

How do I apply for social security disability or SSI benefits?
Go to your local social security office and apply. Or telephone the SSA at 1-800-772-1213 and say you want to apply. When you call, you will be given the option of
1) going to your local social security office to apply for benefits, or
2) having your application taken over the telephone.
If you choose to go to the social security office, the person at the 800-number will schedule an appointment for you and give you directions to your social security office. If you want to apply by phone, you will be given a date and an approximate time to expect a phone call from someone at the social security office, who will then take your application over the phone. Or you can apply over the Internet at www.socialsecurity.gov.

What happens if I am denied benefits and I do not appeal within 60 days?
You'll have to start over with a new application, and you may then lose some benefits. So appeal all denials within 60 days. If you appeal quickly, you should get through the bureaucratic denial system faster.

How do I appeal?
You can appeal in one of three ways:
1) telephone your social security office for your appeal to be handled by phone, or
2) go to the social security office to appeal in person, or
3) call me and ask me to appeal for you.

What is the biggest mistake people make when trying to get disability benefits?
Failing to appeal. More than half of the people who are denied initially fail to appeal.
Another mistake is when people fail to obtain appropriate medical care. Some people with long-term chronic medical problems feel that they have not been helped much by doctors. So they may stop going for treatment. This is a mistake. First, no one needs good medical care more than those with chronic medical problems. Second, medical treatment records provide the most important evidence of disability in a social security disability case.

Since medical evidence is so important, should I have my doctor write a letter to the Social Security Administration, and should I gather medical records and send them to the SSA?
You can if you want to. A few people (a very few) actually win their cases because of such efforts. But because the deck is stacked against most people until they get to the hearing stage, such efforts at the initial application stage are usually a waste of time. The SSA will gather the evidence it feels it needs.

Do I need an attorney to apply for disability benefits?
No, there is no requirement that you have one. But at each stage of appeal the forms get a little more involved and complicated.

When should I contact you about representing me?
As soon as you want me to start representing you. But at the very latest, as soon as you get your first denial.

How much do you charge?
My usual fee is 25% (one-fourth) of your past-due benefits up to the maximum allowed by Social Security ($5300 at this time). That is, the fee is one-fourth of those benefits that build up by the time you are found disabled and benefits are paid. Nothing comes out of current monthly benefits. In addition, you will pay for medical records, medical opinion letters, etc. I will pay for such expenses, and then ask you to reimburse me at the end of your case. In a few cases, I use a different method of calculating the fee.

Do you have any words of wisdom about getting through the first steps?
Yes. First, give the SSA all the information it asks for in a straightforward, candid way. Be truthful. Do not exaggerate or minimize your disability. Second, do not be discouraged if you are denied. Third, appeal all denials immediately.

If I have other questions, will you answer them by telephone?
Yes. If this memo doesn't answer your questions, please call me. <sup>1

1</sup> This information has been prepared and reviewed by Susan Fershee. Ms. Fershee is "Of Counsel" to the Law Firm of Boyd & Kenter, P.C., and works out of the Kansas City office. She can be reached at 816-471-4511 or 1-800-279-5978.

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