Workers’ compensation is insurance paid for by the
employer to cover on-the-job injuries. State law requires almost all employers to have such insurance or make other arrangements to pay for on-the-job injuries.

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 or injuries by repetitive trauma that occur before July 1, 2024, you must give notice of your injury within 20 days of the date of the accident or injury through repetitive trauma. If you have left your job, for whatever reason, notice must be given within 10 days of your last actual day of work.

For accidents or injury by repetitive trauma which occur on or after July 1, 2024, you must give notice of your injury within 30 days of the date of accident or injury through repetitive trauma. If you have left your job, for whatever reason, notice must be given within 20 days of your last day of employment.

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. This may be extended by filing a motion for extension which is approved by the Judge.

For the most part, as long as you were doing your job, it does not matter whether the injury was your fault, your employer’s fault, a co-employees fault or no one’s fault. However, if the accident occurred because you failed to use a safety device, that could be a defense to your claim. In addition, if the accident occurred while you were involved in “horseplay” that could be a defense to your claim as well.

Generally speaking, for injuries that arise out of and in the course of employment, workers’ compensation is the only remedy available to the worker. This may not be true if the claim is denied based upon a preexisting condition. Remember, there are always exceptions to every rule, so consult an attorney.

In addition, if someone other than the employer or co-employee caused the accident, there may be an additional lawsuit to pursue. For example, if you are driving a vehicle for your employer and involved in a car accident, there may be both workers compensation insurance and a civil suit for tort damages available.

Certain types of injuries may be excluded. This is a very complicated topic. It is important that before answering questions from the insurance company that you understand these limitations.

The law limits injuries to those where the work accident is the “prevailing factor” in the injury and disability. Prevailing factor means the primary factor in comparison to all other factors. This means that the insurance company will be looking for pre-existing medical conditions or other injuries that may impact the new injury. If you have had an injury or medical problem in the same area of your body as injured in the work accident, be careful. Consult an attorney about the effect of these prior problems on your current claim and how to best overcome the insurance companies’ efforts to deny your claim based upon “prevailing factor.”

Only you can decide how long to wait for the insurance company to authorize treatment or pay weekly disability checks. Remember, a delay may not be in good faith, but may indicate that the insurance company is looking for a way to deny your case. It is common for insurance companies to look for past medical records and then deny a claim based upon the prevailing factor standard of causation.

It takes from 4 to 6 weeks to get into a preliminary hearing if you need to go to court for an order for workers compensation benefits. While you are trying to be patient and understanding with the insurance adjuster- or not make waves- you may be hurting your chances of obtaining timely medical treatment or to receive prompt payment of disability benefits. Consult an attorney if you are being ignored or put off by the insurance adjuster.

Yes. The workers’ compensation law indicates that an employee’s refusal to submit to a chemical test at the request of the employer shall result in the forfeiture of benefits under two circumstances. There is a forfeiture based on refusal if the employer has sufficient cause to suspect the use of alcohol or drugs or if the employer’s policy clearly authorizes post-injury testing.

Many injured employees, especially those living in the Kansas City area, have the right to get workers’ compensation benefits both in Kansas and Missouri. The employee cannot “double dip”. In other words, each State will get credit for benefits paid in the other State. However, it is important to consult an attorney familiar with the laws in both Kansas and Missouri to maximize the benefits available to you in each State. It is possible that your claim could have dual jurisdiction with other states as well.

Again, there are no simple or easy answers to this question. It may be the best thing for your life if you find other employment. Certainly, the insurance carrier remains liable for your medical treatment even if you leave your current employment.

However, quitting may affect your entitlement to weekly temporary total disability benefits if the doctor releases you to light duty. In addition, quitting may affect your ability to claim additional workers compensation benefits for a permanent reduction in your ability to earn wages. If you voluntarily quit when the employer is offering you a job, it will certainly make you ineligible for unemployment.

This does not mean that you are tied to your old job until after the workers compensation case is settled. If you intend to quit, there are ways to limit the consequences to your workers’ compensation claim. Each person’s case is unique so consult an attorney before leaving your current employment.

If your employer does not have insurance or other ways to pay benefits, the State Workers’ Compensation Fund can be responsible for benefits related to your injuries.

It does not matter if the employer went out of business after your injury occurred. The insurance carrier who used to insure your old employer will have to pay the claim. Again, if the employer did not have insurance coverage, there are other sources of payment. Also, if the insurance company went out of business, you are still protected.

The steps you should first take when injured on the job are:

1. Let your employer know as quickly as possible that you think you have been hurt, and request that your employer notify his insurance company. You should be as specific as possible when giving notice.
2. Don't just tell the employer "I think I was hurt." Tell your employer when and where you were hurt, how the injury occurred, and all of the body parts injured. Be sure to tell the employer each and every body part that you feel was hurt rather than just the main problem. If you only tell the employer about what you feel is seriously injured this may affect your ability to get treatment and compensation for conditions that were minor at first but worsened with time.
3. Seek medical attention being certain to tell the doctor how you got hurt. Ordinarily, you need to discuss the choice of doctor with your employer.

While the giving of notice to your union steward or shop foreman is a good idea, it does not qualify as giving notice to the employer.

If you think you need to see a doctor immediately, go to the local emergency room or your primary care physician. In Kansas the employer and/or their insurance carrier have the right to choose and authorize medical treatment. If they refuse to provide medical care there is a procedure called a preliminary hearing that you can access in an effort to get a Court Order for medical care. It takes approximately 4-6 weeks from when you start this process until you actually have the hearing. In the meantime, you should obtain whatever medical treatment is reasonable and necessary and keep your employer updated on your medical condition and treatment.

The law requires your employer to provide all “reasonable and appropriate” medical care to cure and relieve your injuries. If they are not doing this you can access the preliminary hearing process described in the previous answer. If you can prove your case at the preliminary hearing, the Judge can Order your employer to provide a list of two (2) different doctors from which you can choose to obtain your treatment.

You also have the right to what is called “unauthorized medical.” You have the right to spend $800.00 with a doctor or chiropractor of your choice. If there is a dispute over medical treatment, this benefit can be used to obtain a medical opinion that would provide expert answers to such questions as diagnosis, causation, treatment recommendations and whether a person is able to work, and if so under what if any temporary restrictions.

Yes. It is covered if your employer or their insurance carrier authorizes it. If they won’t authorize it then you can spend $800.00 of your “unauthorized medical” which is described in the previous paragraph.

It is very important to tell the doctor exactly how you injured yourself while at work and tell him about every body part which you injured in your accident. If the doctor ignores treatment of certain body parts that you complain about, see another doctor. It is also important that you attend all of your doctors’ appointments, physical therapy appointments, etc. Missing appointments may affect your eligibility for disability payments.

A rating is a percentage calculation by your doctor of how much a certain body part is impaired. It is generally given when your doctor does not expect your medical condition to significantly get better or worse in the foreseeable future.

A rating absolutely does not determine how much money you get paid. What seems like a low rating may translate into significant compensation or other benefits. It depends on the body parts involved, the wage you were making when hurt, your education level, and other factors.

Yes. Many people need ongoing care to maintain their status quo, or to keep working. You should ask your doctor what medical treatment you may need in the future.

There are procedures to follow to make sure that your right to medical treatment is left open after the doctor releases you from his care. Basically, you have to show a need for additional medical treatment in the future. Be sure to discuss your future medical needs with your doctor.

There are three (3) basic benefits for every workers’ compensation claim. They are:

1. The right to medical treatment;
2. The right to payment for disabilities, and;
3. The right to continuously review your claim over time to fit the circumstances.

There are two main forms of payment in a workers’ compensation claim.  These are temporary total disability and permanent partial disability.

1. Temporary total disability is paid at a fixed rate based on your wage.  It is paid while you are recovering from your injury and completely unable to work, or if you have temporary restrictions that the employer will not accommodate.  These weekly checks will be discontinued when the doctor releases you from his care and certifies your condition as having reached maximum medical improvement, or MMI.  This means that the doctor believes that your physical condition is stable.  He does not expect your medical condition to greatly improve in the future

These temporary total disability checks can be stopped when the doctor certifies you as having reached MMI, even if the employer cannot or will not take you back to work.  Be sure to let your employer know about these restrictions and request that they provide you work.  If the employer does not take you back to work, you should immediately file for unemployment benefits.

1. Permanent partial disability is paid based on the extent of a permanent injury to your body.  With certain types of injuries, it also considers how the permanent injury affects your ability to work.

There are three factors that are considered in determining the amount of your settlement or award:  the wage you were making at the time of the accident, the body part injured and the extent of the injury.  There are varying weeks of compensation available for each body part.  Some of these are set out as follows: 

Whole Body Injuries

Body Parts
Spine:(low back, mid back or neck): 415 weeks
Hip, pelvis: 415 weeks
Head injuries: 415 weeks
Certain combination of scheduled injuries will be considered whole body injuries: 415 weeks
Psychological injuries arising from a physical injury: 415 weeks

Scheduled Injuries

Body Part
Shoulder: 225 weeks
Arm: 210 weeks
Forearm: 200 weeks
Hand: 150 weeks
Leg: 200 weeks
Lower Leg: 190 weeks
Foot: 125 weeks
Eye: 120 weeks
Hearing, both ears: 110 weeks
Hearing, one ear: 30 weeks
Thumb: 60 weeks
1st (index) finger: 37 weeks
2nd (middle) finger: 30 weeks
3rd (ring) finger: 20 weeks
4th (little) finger: 15 weeks
Great toe: 30 weeks
Great toe, end joint: 15 weeks
Each other toe: 10 weeks
Each other toe, end joint only: 5 weeks

If you are 62 years or older, you have the option of filing for Social Security Retirement. Before taking this option, you should consult with an attorney. There is a 50% offset between social security retirement benefits and some compensation for permanent disability benefits under the Workers’ Compensation Act.

If the accident prevents you from returning to the type of work you have previously done and you cannot transition to other types of work, you may be entitled to Social Security Disability benefits (SSDI). SSDI is available if you are unable to do any type of work for at least a period of one year. You can collect workers compensation benefits and SSDI benefits. However, the two may offset. The Social Security Law states that you can only collect 80% of your average earnings between workers compensation benefits and Social Security Disability benefits.

If you receive SSDI benefits, you may also be eligible for medical insurance through Medicare. However, this is not a substitute for medical coverage under the Workers Compensation Act. Medicare is considered a “secondary payor”.

When settling your workers compensation case, there are ways to reduce or eliminate this offset. There are also methods to protect your rights to future medical benefits either under the workers compensation law or under Medicare. If this is an issue, consult an attorney before entering into a settlement agreement.

When you accept temporary total disability (TTD) checks, you are affirming that you are not working. However, this does not mean that you have to turn down the disability checks or quit your second job. There is another type of disability check called temporary partial disability. This check is paid to you when you are under doctors’ care and are working less hours or making less money due to your injury.

It is. There are generally two (2) types of money benefits under workers’ compensation. The first is called “temporary total disability” which is paid to an injured worker when they are off work because of their injury and still receiving treatment. The second is called “permanent partial disability” which is paid on a weekly basis at the end of your case assuming the injury results in permanent impairment or disability. The amount for both of these checks is the same. The weekly amount is 2/3's of your average weekly wage not to exceed a State maximum. Thus, the higher your average weekly wage, the higher your weekly checks. The law directs how your average weekly wage should be calculated. It is based upon your wage for the 26 weeks before your date of accident.

Benefits that are paid by your employer, and on your behalf count. Thus, health and welfare and pensions would apply. Benefits such as apprenticeship and checkoff do not apply

When your claim is initially decided, it is based on the medical and employment information currently available. Payments can be changed to reflect changes in your situation. For example, your medical condition might worsen, or a job that you thought you could perform may not work out.

You do not have to have a sudden, direct injury for it to qualify as a workers’ compensation injury. Repetitive use syndromes, or “overuse” syndromes are also included in the Workers’ Compensation Act, even if the injury develops over time. This is a very complex area, and again, quality advice is very important.

There is a provision called a Preliminary Hearing where you can get your case in front of an Administrative Law Judge to order them to pay. This is sometimes called an emergency hearing and is a short, simple hearing.

In rare cases, the grievance procedure has been used to obtain benefits for injured workers. You should not confuse this with workers’ compensation benefits. Workers’ compensation benefits are only awarded through the Division of Workers’ Compensation which is separate from benefits that you may receive pursuant to your bargaining agreement.

The laws of the State of Kansas protect all employees from termination for filing a workers’ compensation claim. This protection is in addition to any protection that the union or your bargaining agreement may provide. There are specific time limitations on your grievance procedure as well as a lawsuit. If you feel you have been wrongfully terminated, you should immediately contact a lawyer.

The law protects you from being mistreated or fired for filing or proceeding with a workers’ compensation claim. If you are mistreated, this is a complicated area of law, and you should do everything you can to make a record of actions taken against you, including having witnesses to support you.

No. The Americans with Disabilities Act makes it illegal for an employer to ask you about medical conditions or permanent work restrictions. They can only explain the physical requirements of the job and then ask if you are able to perform these duties. The employer can also send you for a post-offer, pre-employment physical examination.

Make sure that you have a good (hopefully written) record of informing your employer of your restrictions. By working beyond your doctor’s limitations, you run the risk of further injury to yourself.

These individuals usually have a nursing background and are hired by the insurance carrier to act as a go-between for you and your doctor. They are supposed to ensure that your medical needs are being satisfied and that you understand the doctor’s opinions. Sometimes, these individuals are really acting as investigators for the insurance carrier. If you suspect that your medical management person does not have your best interest at heart, you can request that they be removed from your case. You have an absolute right to see your doctor without the medical management person present.

Insurance carriers are known to hire private investigators to record your activities at your home or in public places. They are legally permitted to do this as long as they do not trespass on your private property. Oftentimes, these pictures or videos are misleading.

The insurance carrier may also be “spying” on your social media accounts such as Facebook. You may make an innocent remark or post a picture to friends that can be misinterpreted by the workers compensation insurance carrier. It is best to take a break from all social media postings while you are involved in a workers compensation claim.

Just remember, if you can do an activity at work, there is no reason you cannot do the same activity at home. If you are restricted from certain lifting or physical activities at work, you should not be violating these restrictions in your activities at home.

The phrase “lump- sum settlement” is a term of art. It basically means that you are taking a certain sum of money and giving up all rights under workers’ compensation including but not limited to present and future medical care and your right to review and modify your benefits in the future if your condition should naturally worsen. Whether it would be in your best interest to settle on a lump sum basis depends entirely upon the circumstances of your accident and injuries.

Most private insurance carries exclude payment for work related injuries, so your private health insurance may not cover work injuries.

Medicare is considered a "secondary payor." Medicare will not pay for medical treatment necessitated by a work injury. So don't settle your case under the assumption that you can get additional medical care using Medicare Insurance.

This is a difficult question. The law firm of McCullough, Wareheim & LaBunker would be happy to provide you with a free legal consultation. We have three goals to accomplish when initially meeting with an injured worker. We first educate the client on their rights and responsibilities. We evaluate whether the client is currently receiving proper benefits and answer any questions. Finally, we explain to the client whether we believe legal representation is necessary and if so we explain the attorney fees and expenses that would be involved. A work related injury can have a major impact on the worker and his or her family. Knowing your rights and making informed decisions is a very logical course of action.

Attorneys fees are regulated by State law and by the Division of Workers’ Compensation. The law allows attorneys to charge up to 25% of all monetary compensation that is not paid voluntarily by the employer or their insurance company. Different rules apply when the employer made a written offer of settlement before the attorney is hired. In that case, the attorney can charge up to 50% of the increase obtained, not to exceed 25% of the entire settlement. All attorney fees must be approved by the Administrative Law Judge assigned to the case.

This booklet provides only general information regarding workers’ compensation in Kansas. Most work related injuries involve something unique. Most workers are not familiar with their rights and responsibilities under workers’ compensation as they rarely are involved in the system. If you would like a general education and an individual evaluation of your case, the law firm of McCullough, Wareheim & LaBunker is eager to provide you with a free consultation.