Employment Kansas Workers Compensation

Kansas Workers Compensation

Kansas Workers Compensation

Kansas Workers Compensation: A Guide to Benefits and Claims

Introduction

Kansas workers compensation is a system designed to provide benefits to employees who are injured or become ill in the course of an employment-related activity. The program is intended to ensure that workers receive medical care and financial compensation, including lost income, for any injuries or illnesses incurred as a result of their employment.

In this article, we will examine the key features of the Kansas workers compensation program, including benefits, eligibility criteria, and the process for filing a claim.

What is Kansas Workers Compensation?

Kansas workers compensation is a state-mandated program that provides benefits to employees who are injured or become ill as a result of their employment. The program is designed to provide medical care, rehabilitation services, and financial compensation to workers who suffer work-related injuries or illnesses.

Benefits of Kansas Workers Compensation

The Kansas workers compensation program provides the following benefits to eligible employees:

1. Medical Care

Workers who are injured or become ill as a result of their employment are entitled to receive medical care, including treatment, rehabilitation, and medications.

2. Disability Benefits

Kansas workers compensation provides two types of disability benefits, including temporary total disability (TTD) and temporary partial disability (TPD).

TTD benefits are provided to workers who are unable to work while recovering from their work-related injuries or illness. TPD benefits are provided to workers who are able to return to work but at a reduced capacity or with reduced wages.

3. Lost Wages

Workers who lose wages due to their work-related injuries or illnesses may be eligible for income replacement benefits. The benefits are typically only a portion of the worker’s pre-injury wages.

4. Vocational Rehabilitation

Workers who are unable to return to their previous job due to the severity of their injury may require vocational rehabilitation services to attain the appropriate skills to work in a different field.

Eligibility for Kansas Workers Compensation

To be eligible for Kansas workers compensation benefits, employees must meet the following criteria:

1. The worker must be an employee under Kansas law.

2. The worker must have suffered a work-related injury, illness, or disability.

3. The injury, illness, or disability must have occurred as a result of the worker’s employment-related activities.

4. The worker must have suffered some form of financial loss, such as lost wages, due to the injury or illness.

Process of Filing a Claim for Kansas Workers Compensation

Workers who believe that they are eligible for Kansas workers compensation benefits must follow specific steps to file a claim. The process of filing a claim typically involves the following steps:

1. Report the Injury to the Employer

The employee must report the injury to their employer as soon as possible after the accident or incident occurs. The employer then completes and submits the claim documentation to the employer’s insurance provider.

2. Seek Medical Treatment

The employee should seek medical treatment for their injury as soon as possible. The treating physician will document the injury and medical records. If it is determined that the injury resulted because of their workplace, the medical provider will forward a medical report to the employer and insurer.

3. Complete Required Forms

The employee will need to complete and submit several forms as part of the claims process. These forms include a notice of injury, medical reports, and a claim for benefits form.

4. Benefits Determination

The employer’s insurance provider will evaluate the claim and determine whether the worker is eligible for benefits. If approved the insurer will provide benefits to the worker.

Employers’ Obligations under Kansas Workers Compensation

Employers in Kansas must comply with specific obligations under the workers compensation program, including the following:

1. Maintain Insurance Coverage

Employers in Kansas are required to maintain workers compensation insurance to provide coverage for their employees. Employers must purchase, maintain, and renew the policy each year.

2. Post Notices

Employers are required to display notices related to workers compensation in a prominent location at their workplace. These notices must include information regarding the workers’ rights to workers compensation benefits, as well as the contact information for their employer’s insurance provider.

3. Comply with Laws

Employer’s must comply with all applicable laws and regulations related to workers’ compensation. This includes providing appropriate insurance, accepting and processing claims, and paying out benefits when required.

4. Provide Safe Workplace Environments and Training

Employers must provide a safe workplace environment that minimizes the risk of work-related injuries or illnesses. Training should be provided to employees to prevent workplace accidents.

Consequences of Failing to Comply with Kansas Workers Compensation

Employers who fail to comply with Kansas workers compensation laws and regulations may face several consequences, including:

1. Fines and Penalties

Employers who fail to comply with the workers compensation program may face significant fines and penalties for each violation. Fines and penalties are levied by the Kansas Department of Labor.

2. Legal Action

Employees who are denied workers compensation benefits or are not provided with the appropriate benefits may file a lawsuit against their employer.

Conclusion

Kansas workers compensation is a program designed to ensure that employees who are injured or become ill in the course of their employment receive the necessary medical care and financial compensation needed to recover and return to work. The program provides several benefits, including medical care, disability benefits, lost wages, and vocational rehabilitation services.

Employers must comply with specific obligations, including the provision of insurance coverage, posting notices, complying with all applicable laws, and providing training and a safe workplace environment. Failure to do so may result in fines, legal action, and other consequences.

Employees who believe that they may be eligible for workers compensation should report their injuries or illnesses to their employer as soon as possible and complete the necessary documentation to file a claim.


Valuable Information on Kansas Workers’ Compensation Insurance 

Kansas Workers’ Compensation Laws

The majority of Mississippi workers’ compensation laws are located in Chapter 44 and §5 of the state’s revised statutes.  The laws can be found under the state’s legislature, and you can search for specific laws.

The majority of information in this article will regard Kansas workers’ compensation laws as well as valuable information referenced from the Kansas Department of Labor located at the following link.

Who is Covered under Workers’ Compensation Insurance in Kansas?

The majority of employees are covered under state’s WC laws, but like other states, there are a number of exceptions.  These exceptions under Kansas workers’ compensation laws are listed below:

• certain agricultural workers and pursuits

• employers with gross annual payrolls of $20,000 or less

• firefighters belonging to a relief association program

• federal and maritime employees who are covered through federal compensation laws

• certain independent contractors

• sole proprietors and partners

• certain owner-operator vehicle drivers covered by their own occupational accident insurance

Other employers may elect in or out of coverage from workers’ compensation insurance in Kansas in certain cases.  The exceptions within Kansas workers’ compensation laws are listed below:

• corporate employees owning 10 percent or more of stock

• employers seeking coverage for volunteers and other non-covered workers

• volunteer directors, officers, or trustees of nonprofit organizations

Claiming Workers’ Compensation Insurance in Kansas after Accident

If a worker is covered under Kansas workers’ compensation laws and is injured or receives an illness in the workplace, they need to notify the employer of the accident immediately.

The employer will then contact the carrier of the workers’ compensation insurance in Kansas within 28 days of the reported accident.  The employer will also fill out numerous forms (including Form K WC-27 or K WC-270) according to Kansas workers’ compensation laws.

If you are an employee, you can file for a claim for workers’ compensation insurance in Kansas from the KS Department of Labor:

What Benefits are available in Workers’ Compensation Insurance: Kansas

An injured worker is entitled to two different kinds of benefits under workers’ compensation insurance in Kansas: medical benefits and wage loss benefits.  These types of benefits are explained below:

1. Medical Benefits- the worker is fully covered for ALL medical expenses related to the work injury under Kansas workers’ compensation laws.  These benefits are not limited to the compensation for services listed below:

• doctor and hospital services

• nursing services

• medication

• physical therapy

• medical equipment

• travel mileage to and from medical facilities

2. Wage Benefits- According to Kansas workers’ compensation laws, a worker is entitled up to two-thirds of their weekly wages for the amount of time they are covered.  If a doctor determines the worker has a permanent disability that will impede their level of work in the future, permanent disability will compensate for the difference in wages.