Unless you work on a farm or as a domestic worker, you should be able to claim compensation if you are injured at work or become sick due to your job. Workers’ compensation laws in Kansas require nearly all employers to have insurance to protect their employees from work place injuries and illnesses. Compensation is normally paid out for medical treatment and a part of any expected wages that have been lost due to absence from work. Some claims are denied by the insurer and then if you are unhappy with the decision there is an opportunity provided by the state workers’ compensation body to appeal and have the decision reversed. Workers' Compensation Law in Kansas Workers’ compensation in Kansas is under the supervision of the state’s Division of Workers’ Compensation. If a worker in Kansas is injured or becomes sick at work they must inform their employer as soon as possible, but certainly within 20 days if trauma is involved and within 20 days from the date that medical treatment is given. Workers’ compensation in Kansas covers all reasonable medical treatment but there may be a cap on doctor’s fees if the worker chooses their own doctor. Wage compensation is limited to two thirds of the average wage that would have been expected to have been paid if the employee had been at work. Why Your Workers' Comp Claim Could be Denied ven though workers’ compensation is a right, there are still exacting conditions which have to be met before compensation is released from an insurer. Sometimes, employees fail to maintain timetables for reporting an incident, making a claim or not having adequate documentation to show that they were definitely injured while at work. These are things which may need to be clarified if there is an appeal. Insurers may also make claims which can be challenged such as: the worker was drunk or otherwise intoxicated at the time of the accident; the worker refused to use safety equipment or follow correct procedures; the injury or illness did not happen at work; there was no real injury or illness. The Kansas Workers' Comp Appeals Process The Kansas Division of Workers’ Compensation has a thorough but complex process in place to assess claim appeals. If your claim has been denied, the first step is to let your employer know that you are asking to have a preliminary hearing, setting out what you think the denial is wrong. Then request a preliminary hearing with the Commission. The preliminary hearing will be heard by a judge. It is not as formal as a trial. The judge will listen to evidence from both sides and make an interim decision about whether you should obtain the benefits you have been denied. A formal hearing may be requested if you are unhappy about the decision made at the preliminary hearing. The process at a formal hearing is more robust and more like a full trial. An Administrative Law Judge will be presiding at the hearing. A further appeal to the Appeals Court may be made if the decision at the formal hearing is not satisfactory. A Workers' Comp Attorney Can Help With Appeals Workers’ compensation claims are not guaranteed to provide reasonable and fair compensation. A denial of a claim can be frustrating and may require a long process in which you attempt to reverse or modify the decision through an appeal. The insurer will certainly have an attorney to represent them and provide legal help. It is sensible not to avoid getting an attorney to work with you on your appeal.
