Free Kansas Workers' Compensation FAQs | Free Kansas Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

Kansas law covers most employers in the state of Kansas no matter how many employees they have or the nature of the work, except where the employer has less than an estimated $20,000 annual payroll in any calendar year. Wages paid to the employer or his immediate family are not used in the computation of the $20,000 wage figure. Agricultural pursuits are exempted under the Workers Compensation Act.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

Even if your employer knows about the injury, you could lose all rights to further compensation if you do not tell your employer in writing that you expect workers compensation benefits for your injury. An accident report filed with the Division of Workers Compensation is not a written claim. Written claim must be filed with the employer within 200 days of the date of accident or date of last payment of compensation for disability or date of last authorized medical care. You may take the written claim to the employer and obtain a receipt for it or you can mail it to the employer by certified mail, return receipt requested. You can not obtain a hearing before an administrative law judge unless you meet the following deadlines: filing an application for hearing within 3 years of the date of accident or within 2 years of the last payment of compensation, whichever is later.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

Under the law, your employer has the right to choose the treating physician. If you seek treatment from a doctor not authorized or agreed upon by your employer, your employer or its insurance company is only liable up to $500 toward such medical bills. You do have the right to apply to the Director of Workers Compensation for a change of doctor.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

When the worker returns to any employment at a wage less than the time of injury wage. Compensation is calculated on a weekly basis, and is paid until the wage loss is no longer present, or the benefit maximum is reached, whichever comes first. Benefits are 66.67% of the difference between the employee`s average gross weekly wage before the injury and the employee`s wage after the injury. Benefits may not exceed the state`s statutory maximum.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

An injured worker may file an application for a hearing within three years of injury, or two years of last payment of compensation or medical treatment.

The Division of Workers Compensation employs full time personnel who specialized in aiding injured workers, employers, and insurance professionals with claims information and problems arising from jobrelated injuries and illnesses. The ombudsman acts in an impartial manner and is available to provide the parties with information about the current issues within the workers compensation system. For example, the ombudsman has current information on legislative changes, or changes due to decisions made by the Workers Compensation Board or the courts. The Ombudsman Section can also assist with specific issues on current workers compensation claims. The Ombudsman Section is a good place to start if you are having difficulty with your claim. You can reach them by calling the Division of Workers` Compensation listed below.

The Kansas Division of Workers` Compensation: (785) 2962996 or (800) 3320353

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

If you are injured on the job, you are entitled to all medical treatment that may be needed to cure or relieve the effects of the injury. You may also be entitled to certain wageloss benefits, death benefits, transportation costs, and in some cases vocational rehabilitation.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

While you are unable to work because of the injury, you are entitled to weekly disability benefits for the duration of the disability. The first 7 calendar days of disability are a waiting period and compensation is not payable for the first 7 days unless you are unable to work for (21) consecutive calendar days. Your weekly disability benefit rate is 2/3 of your average weekly wage, but not more than the maximum rate in effect on the date of your accident. The maximum weekly rate for the year beginning July 1, 2000 is $417.00. Weekly compensation is payable at this rate until the doctor releases you to return to work. In no case can such payments exceed a total of $125,000 for permanent total or $100,000 for permanent partial or temporary disability.

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