Filing a Workers’ Compensation Claim in Kansas:

Ask your employer for a copy of the claim form to report a work injury or illness to your employer.  Many state workers compensation agencies have a standardized claim form as well.  Follow the instructions on the form, complete the "employee" section" and sign and date it.  Make sure you keep a copy for your records.  The employer will fill out the "employer" section.  You can submit the form to your employer in person or by mail, but if you use mail it is usually recommended to send it by certified mail (return receipt requested) so you have a record of the date it was mailed and received. 

Generally, your employer's workers compensation carrier or insurance company must respond with the status of your claim within a certain number of days after your file your claim.

Kansas Waiting Period:
The waiting period for compensation benefits after the injury is 7 days for temporary total disability and permanent partial disability.

Compensation is retroactive if disability continues for 3 consecutive weeks.

Kansas Workers’ Compensation Treatment
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. 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. As an employee injured on the job, you are generally entitled to mileage reimbursement for trips to see a physician for distances in excess of five miles for the round trip. If you must hire transportation, this can also be reimbursed.

Kansas Workers’ Compensation Benefits:
Temporary Total Disability is paid when the employee, due to an injury, is unable to engage in any type of substantial and gainful employment. Benefits are paid for the duration of the temporary total disability.

Permanent Total Disability is paid when the employee, due to an injury, has been rendered completely and permanently incapable of engaging in any type of substantial and gainful employment. The loss of both eyes, both hands, both arms, both feet, both legs, or any combination thereof, in the absence of proof to the contrary, shall also constitute a permanent total disability. By statute, substantially total paralysis, or incurable imbecility or insanity, resulting from injury independent of all other causes, shall also constitute permanent total disability.

Permanent Partial Scheduled Disability is paid when the employee sustains complete or partial loss of use of a body part, such as an arm, due to a job-related injury. Compensation is limited to a percentage of the scheduled number of weeks.

Permanent Partial General Disability is paid when the employee sustains permanent partial disability not specifically covered by the schedule. Compensation is based on the percentage of disability remaining after recovery and is limited to 415 weeks.

Survivors' Benefits are paid to an employee's surviving spouse and dependent children if death occurs as a result of injury. Burial expenses up to $5,000 are also covered.

Kansas Workers’ Compensation Contact Information:
Paula Greathouse, Director
Division of Workers’ Compensation
800 SW Jackson Street, 7th Floor
Topeka, KS 66612-1227
(785) 296-2996 (785) 296-2996 or 1-800-322-0353 1-800-322-0353

NOTICE: These questions and answers concern Kansas law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.