Appealing a Denied Workers' Comp Claim in Kansas
The deadline to challenge a denied workers' comp claim in Kansas, where to file, and the steps from hearing to appeal.
Short answer: Final orders, awards and preliminary awards of an administrative law judge may be reviewed by the Workers Compensation Appeals Board on written request of any interested party within 10 days (intermediate Saturdays, Sundays and legal holidays excluded); K.S.A. 44-551(l)(1), 44-556(a)
| Deadline to challenge a denial | Final orders, awards and preliminary awards of an administrative law judge may be reviewed by the Workers Compensation Appeals Board on written request of any interested party within 10 days (intermediate Saturdays, Sundays and legal holidays excluded); Board review is required before going to court. A final order of the Board may be appealed directly to the Kansas Court of Appeals within 30 days of the date of the final order (a cross appeal within 20 days after service of the appeal), on questions of law only. Preliminary awards are reviewable by the Board only on a claim that the judge exceeded jurisdiction (44-551(l)(2)). The deadline to apply for a hearing after a dispute is in workcomp/claim_deadline. Source: K.S.A. 44-551(l)(1), 44-556(a) |
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| Appealing a denial | An administrative law judge hears the claim and issues an award. Any party may request review by the Workers Compensation Appeals Board within 10 days (excluding weekends and holidays); Board review is required before going to court. Any party may then appeal a final Board order to the Kansas Court of Appeals within 30 days of the order; review is limited to questions of law. Source: K.S.A. 44-551, 44-556 |
| Deadline to file a claim | No proceeding for compensation can be maintained unless an application for hearing is on file with the Director of Workers Compensation within three years of the date of the accident or within two years of the date of the last payment of compensation, whichever is later. Source: K.S.A. 44-534(b) |
Where to get help in Kansas
More Kansas workers' compensation
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- How Much Workers' Comp Pays in Kansas
- Workers' Comp Settlements in Kansas
- Retaliation for Filing Workers' Comp in Kansas
- Suing Over a Work Injury in Kansas
- All Kansas workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Kansas?
Final orders, awards and preliminary awards of an administrative law judge may be reviewed by the Workers Compensation Appeals Board on written request of any interested party within 10 days (intermediate Saturdays, Sundays and legal holidays excluded); Board review is required before going to court. A final order of the Board may be appealed directly to the Kansas Court of Appeals within 30 days of the date of the final order (a cross appeal within 20 days after service of the appeal), on questions of law only.
How do you appeal a denied workers' comp claim in Kansas?
An administrative law judge hears the claim and issues an award. Any party may request review by the Workers Compensation Appeals Board within 10 days (excluding weekends and holidays); Board review is required before going to court. Any party may then appeal a final Board order to the Kansas Court of Appeals within 30 days of the order; review is limited to questions of law.
What is the deadline to file a workers' comp claim in Kansas?
No proceeding for compensation can be maintained unless an application for hearing is on file with the Director of Workers Compensation within three years of the date of the accident or within two years of the date of the last payment of compensation, whichever is later.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.