Kansas Workers Compensation Laws

Just like the occupational injury laws of other states, the Kansas workers compensation laws also provides protection to those workers who suffer from injuries and illnesses at the workplace. As per the provisions explained in the state laws, such workers are entitled to monetary compensation and adequate access to medical care. The laws also make it clear that the place of accident does not make any difference. It means even if the accident takes place outside the workplace, as long as it occurs during the course of business (while the employee was performing a task as part of his or her job profile), the employer is obligated to pay compensation benefits. The benefits do not just include the medical care expenses but also include payments to cover wage loss during the time period when the injured worker is unable to return to work. However, workers can make the best use of these laws in their favor only if they are well aware of the legal options and the rights provided to them by the laws. Following is a brief rundown on it.

Medical Benefits

As per the Kansas workers compensation laws, your employer has the right to choose the physician to treat the workplace injuries sustained by a worker. Initially, the inured worker does not have any other option and it is advised that he or she must get treatment under the doctor selected by the employer. Later, if the employee is not satisfied with the treatment, he or she can file an application with the Kansas Director of Workers Compensation and request them to change the doctor. Such requests are often accepted without any difficulty. It is also important to note that if the worker has to travel longer than five miles (round trip) to attend medical appointments, the traveling expenses are also reimbursable. The worker can file a claim for the same and the employer or their insurance carrier must make the payments in reimbursement.

Weekly Compensation To Cover Wage Loss

Kansas workers compensation laws also make it legally mandatory for the employer or their insurance carrier to make weekly payments to the injured employee in case he or she is unable to return to work due to the permanent or temporary disability caused by the injuries. Each weekly payment usually amounts to 2/3rd of the gross weekly wages that the employee was earning before the accident. The payments will be stopped when the treating physician formally declares that the employee is fully recovered and certifies that he or she is healthy enough to return to work.

Insurance Requirements For Employers

Though Kansas workers compensation laws make it obligatory for all employers to carry occupational injury compensation insurance, there are certain exceptions also. For example, employers with annual payroll gross of $20000 or less are exempted from this legal requirement. The obligation applies to only those employers whose annual payroll gross exceeds $20000. Besides that, agricultural employers are also exempted in this regard. No other waivers are permitted, which means employers that are otherwise required to carry insurance cannot just voluntarily opt to be out of the system.

There is a 7-day waiting period from the date of the injury in case of temporary total and permanent partial disability. The injured worker must start receiving the compensation benefits after this waiting period. As per the Kansas workers compensation laws, the compensation is retroactive if the disability caused by occupational injuries continues for three consecutive weeks from the date of the accident.