Kansas 2023-2024 Regular Session

Kansas Senate Bill SB38

Introduced
1/17/23  
Refer
1/18/23  

Caption

Increasing the maximum compensation benefits payable by an employer for permanent total disability suffered by an injured employee.

Impact

If enacted, SB38 will have a significant impact on the state’s workers' compensation laws, primarily by raising the compensation limits for permanent total disability claims. This means that employees who suffer severe injuries that prevent them from working will have access to higher financial compensation, potentially improving their quality of life and aiding their rehabilitation process. The adjustment in compensation limits is expected to provide the necessary support for affected workers and their families, promoting better recovery outcomes over time.

Summary

SB38 seeks to amend the existing laws surrounding workers' compensation in the state by increasing the maximum compensation benefits that employers must pay to employees who sustain a permanent total disability due to work-related injuries. The legislation aims to ensure that injured workers receive adequate financial support and are better protected under the workers' compensation system. This bill addresses the growing concern regarding the sufficiency of current benefit levels and the financial struggles faced by those unable to return to work due to their injuries.

Contention

The bill has stirred a debate among stakeholders, particularly between proponents advocating for increased protection for injured workers and opponents who express concerns about the financial implications for employers and the workers' compensation insurance system. Critics argue that while helping injured employees is vital, the potential increase in financial liabilities for businesses could lead to higher insurance premiums and strain on the overall workers' compensation framework, impacting small businesses disproportionately. This contention highlights the ongoing struggle to balance the needs of workers with the economic realities faced by employers.

Companion Bills

No companion bills found.

Previously Filed As

KS H8262

Amends 4 sections relating to the workers' compensation benefits dealing with increasing the amount of dependent benefits payable to a totally disabled employee comprising this year's annual omnibus bill.

KS S3068

Amends 4 sections relating to the workers' compensation benefits dealing with increasing the amount of dependent benefits payable to a totally disabled employee comprising this year's annual omnibus bill.

KS SB2393

Workers' compensation; increase maximum total recovery, remove permanent total disability compensation cap.

KS SB430

Providing workers compensation act coverage for the Kansas national guard, limiting benefit reductions for retirement benefits, increasing dependents death benefits, reducing certain functional impairment requirements, increasing compensation for certain disability categories and for treatment without authorization, raising the evidentiary standard for future medical treatment, limiting certain procedures for post-award medical benefit claims, allowing benefit payment by funds transfer or payment cards, establishing procedures for neutral healthcare examinations, exchanges and admission of medical reports, extending employee injury notification deadlines, eliminating the deadline for motions to avoid dismissal for lack of prosecution, providing for expedited settlement and digital recording of hearings and other changes to the workers compensation act.

KS SB2459

Workers' compensation; increase maximum total recovery and remove cap on permanent total disability compensation.

KS SB2229

Workers' compensation; increase maximum total recovery and remove cap on permanent total disability compensation.

KS SB2251

Workers' compensation; increase maximum total recovery and remove cap on permanent total disability compensation.

KS SB2398

Workers' compensation; increase maximum total recovery and remove cap on permanent total disability compensation.

KS HB2776

Providing workers compensation act coverage for the Kansas national guard, limiting benefit reductions for retirement benefits, increasing dependents death benefits, reducing certain functional impairment requirements, increasing compensation for certain disability categories and for treatment without authorization, raising the evidentiary standard for future medical treatment, limiting certain procedures for post-award medical benefit claims, allowing benefit payment by funds transfer or payment cards, establishing procedures for neutral healthcare examinations, exchanges and admission of medical reports, extending employee injury notification deadlines, eliminating the deadline for motions to avoid dismissal for lack of prosecution, providing for expedited settlement and digital recording of hearings and other changes to the workers compensation act.

KS A08132

Defines temporary total disability as the injured employee's inability to perform such employee's pre-injury employment duties or any modified employment offered by the employer that is consistent with such employee's disability.

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