Filing a Workers' Comp Claim in Kansas

Notice of the injury must be given to the employer, orally or in writing, by the earlier of 30 calendar days from the accident (or injury by repetitive trauma) or, if the worker has left the job, 20 calendar days after the last day of employment. Oral notice must go to the person or department the employer designated in writing, or otherwise to a supervisor or manager; written notice must go to a supervisor or manager at the main work location. The notice must include the time, date, place and particulars of the injury and make clear the worker is claiming a work injury. Notice is excused if the employer had actual knowledge, was unavailable, or the worker was physically unable to give notice.

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.

Notify your employer within the deadline and follow its instructions for medical care. The employer must report the accident to the Division within 28 days of learning of it if the worker misses more than the rest of the shift. If the employer, insurer and worker cannot agree on benefits, any party may file a written application for hearing with the Director of Workers Compensation, and the case is assigned to an administrative law judge. The Division's Ombudsman/Claims Advisory Unit (785-296-4000 or 800-332-0353) answers questions.

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.

In Kansas, an injured worker must give notice of the injury to the person or department the employer has designated in writing (or, if none, a supervisor or manager) by the earlier of 30 calendar days from the accident or, if no longer employed there, 20 calendar days after the last day of employment. The employer must report the accident to the Director of Workers' Compensation within 28 days after learning of it, if the injury keeps the worker off work beyond the rest of that day or shift.