COMMONLY ASKED QUESTIONS AND ANSWERS

Question: What is the most important thing I can do to protect myself with regard to a workers' compensation claim?

If you would like to schedule a initial consultation contact an Kansas workers' compensation attorney, representing clients in Olathe at McCullough, Wareheim & LaBunker, P.A. Give us a call at (785) 233-2362 or complete our inquiry form.

Answer

Workers' compensation laws in Kansas have changed several times over the last several years. The time period to give notice has changed and the controlling law depends upon the date of your accident.

For accidents that happened between May 15, 2011 and April 25, 2013, you must give notice within 30 days of the date of the accident. If you left your job, notice may have to be given within 20 days of the employees last day of work for the employer.

The time to give notice to your employer is also reduced if you choose to go to a doctor of your own rather than the physician ordered by the employer or work comp insurance carrier. If you seek medical treatment on your own, you must give notice to the employer within 20 days of such medical treatment.
For accidents that happened on or after April 25, 2013, you must give notice of your accident within 20 days of the date of the accident. If you have left your job, for whatever reason, notice must be given within 10 days of your last actual day of work.

TO BE SAFE, IMMEDIATELY INFORM THE EMPLOYER OF ALL ACCIDENTS. YOU CAN "GIVE NOTICE" TO YOUR EMPLOYER BY TELLING THEM VERBALLY OR IN WRITING THAT YOU WERE INVOLVED IN AN ACCIDENT WHILE WORKING.

You must also give "proper" notice and it must be given to the appropriate person. If your employer designates a specific person for workers' compensation injuries, you must give notice to this individual. If no such designation has been made, you must give notice to a supervisor or an appropriate person in management. To give proper notice you must give the details of the accident, including where, when, how it happened and what body parts are injured.

There are two other time limitations in Kansas. The second time limitation involves the formal filing of an Application for Hearing with the Kansas Division of Workers' Compensation. This must be filed within three (3) years of your accident or within two (2) years of your last receipt of a benefit from workers' compensation, whichever is later. The final time limitation requires that the final or regular hearing be held within three (3) years of filing an Application for Hearing.

On behalf of McCULLOUGH, WAREHEIM & LaBUNKER, P.A. we hope this material will be of benefit to you in answering your questions relative to work-related injuries. This material is a part of an ongoing commitment by McCULLOUGH, WAREHEIM & LaBUNKER, P.A. to unions, their members, and injured workers in the State of Kansas.Contact one of our Kansas work injury lawyers representing clients in Olathe, Kansas (and throughout the State of Kansas) today to schedule your initial consultation.