Workers’ Compensation in Kansas
Kansas mandates that all employers who have a gross payroll of $20,000 or more carry workers’ comp insurance for their workers. Workmans compensation (also referred to as workmans comp, workers’ comp, and work compensation) is a system through which employees who are injured or ill as a result of their jobs are provided medical benefits and replacement income while they recover. Claims must be filed with the Kansas Division of Workers’ Compensation within a specific time period.
Legal counsel is necessary for some workmans comp related matters. For instance, if your case is complicated because your boss is under or uninsured, or refuses to cooperate, it is important to have a Kansas workers comp lawyer at your side for guidance.
Illnesses and Injuries Covered Under Kansas Workers’ Compensation Law
Accidental Physical Injuries
- Kansas accidents that occur at work and result in injury to employees are covered under work compensation insurance.
- Self-inflicted injuries, and injuries that happen when an employee is breaking his employer’s rules, or when a worker is drunk or under the influence of drugs, are not covered by insurance in Kansas.
- A condition that an employee develops in the course and scope of his employment, or as a result of hazardous conditions at his place of work. Examples include (but not exhaustively) lung disease, carpal tunnel syndrome.
- Benefits are payable to surviving dependents of a deceased employee.
The Kansas Worker’s Comp Claims Process
- Notify Your Boss
- A worker must give verbal notice to his supervisor or manager within ten days of the injury. Within 200 days of the employee’s injury, the employee must notify his boss of his injury in writing by using a “Written Claim for Workers’ Compensation” (Form K-WC 15). If you fail to do so, the distribution of your benefits may be delayed, or you may no longer be able to receive benefits.
- An employee’s boss must file an accident report with the Kansas Division of Workers’ Compensation within 28 days of his knowledge of the employee’s injury. The employer must also provide the injured or ill employee with written information (on Forms K WC-27 or K WC-270) about available benefits.
- Seek medical attention immediately
- Hire a Kansas Workmans Compensation Lawyer if your claim is contested, denied, or if you need additional assistance.
Benefits Received in Kansas Under the Workers’ Compensation Program
Speak with a Kansas workers’ comp lawyer about the benefits to which you are entitled under Kansas workmans comp law:
- Medical Treatment: Any medical bills of the injured or ill employee will be paid by his boss’ insurance to the health care provider.
- Wage Reimbursement: Workers who must travel to doctor’s appointments and hospitals for examination of their workplace injuries or illnesses may be reimbursed for the cost of travel provided they must travel more than 5 miles for medical treatment.
- Funeral: Burial expenses will be reimbursed up to $5,000.
- Death: When an employee dies from his employment-related injury or illness, his surviving spouse or wholly dependent child is entitled to an initial amount of $40,000. Weekly compensation benefits may then be paid. However, a surviving spouse’s benefits are capped at $250,000.
- Vocational Rehabilitation: Retraining and job placement for employees who cannot return to their occupations because of their injuries.
- Income Benefits: below, please find your potential income compensation alternatives:
- Temporary Total Disability Benefits (TTD for short): Payments continue while the worker is injured or ill and cannot work, and are made weekly in the amount of 2/3 the worker’s average weekly wage, pre-injury.
- Temporary Partial Disability Benefits (or TPD for short): When an employee’s work injury hinders his ability to return to his old job, but he can still do some part-time work, or work at a reduced wage. TPD is 2/3 of the difference between the employee’s current reduced pay and 2/3 of his average weekly wage.
- Permanent Total Disability Benefits (PTD for short): An employee’s injury permanently hinders his ability to return to a gainful occupation. The amount of the payments is the same as that for TTD.
- Permanent Partial Disability Benefits (PPD for short): Paid when a worker has reached the point of maximum medical improvement, but will always be affected by his injury or sickness and unable to return to his old job (i.e.-loss of a toe or finger). The amount of the payment depends on the nature of the worker’s permanent impairment.
Why Hire a Kansas Workers’ Comp Lawyer?
If your case is complicated, you have a severe injury, your employer is underinsured or uninsured, or your employer is contesting your claim, you should definitely consult a Kansas work compensation attorney. Such a lawyer can use his experience with Kansas workers’ comp law to help you file your claim on time, advise you on Kansas workmans comp policies, and discuss your compensation alternatives with you. Additionally, if a third party has something to do with your injury (including if a manufacturer’s defective product injures you), legal representation can best counsel you on an appropriate course of action.
Kansas Workers’ Compensation
Workers’ compensation sections of the Kansas Statutes Annotated:
- Employers Subject To Workers’ Compensation
- Kansas Statutes Annotated 44-505.
- Covered Employees
- Kansas Statutes Annotated 44-508(b).
- Kansas Statutes Annotated, 44-510(a-c).
- Claims Procedure
- Kansas Statutes Annotated, 44-520(a), 44-557.