Kansas Workers' Compensation Laws

Written or oral notice of injury must be given to the employer within 30 calendar days of the accident or injury by repetitive trauma. If the employee is no longer employed, notice must be given within 20 calendar days after the last day of employment. Notice must include time, date, place, person injured, and particulars of the injury.

Employers must report employee accidents within 28 days if the injuries keep the person from working for more than one day, shift, or turn. Failure to report may result in a $250 fine per unreported incident.

TTD benefits are 66 2/3% of the average weekly wage (AWW), calculated from the 26 weeks of gross wages before injury. Maximum: 75% of the state average weekly wage (SAWW). Minimum: $50/week. One-week waiting period before benefits begin; if disability continues 3+ consecutive weeks, the waiting period is reimbursed.

Nearly all employers must carry workers' compensation coverage. Exemptions: certain agricultural pursuits and employers with a gross annual payroll of $20,000 or less. When calculating total payroll, all wages paid to all workers (inside and outside Kansas) must be counted. Corporate employers must include wages paid to family members.

The employer has the right to select the treating physician. If an employee self-selects an unauthorized physician, the employer is responsible for only the first $500 in medical bills from that provider. Employees may seek treatment from an unauthorized provider, with the insurance company paying up to $500 for such treatment.

Kansas recognizes a common law cause of action for retaliatory discharge in violation of public policy. An employer may not terminate an employee for filing a workers' compensation claim. The employee must show the employer knew of the claim and that the filing was a substantial factor in the termination decision.

Workers' compensation is the exclusive remedy for workplace injuries against the employer. Employers are liable regardless of fault and released from all other liability. Exceptions exist for intentional torts and claims against third parties.