Facts About Workers Compensation
· Injured workers must report an injury to their employer within 10 days or 75 days if there is just cause for failure to report within 10 days. · A written claim must be filed within 200 days of the accident or last date benefits are paid. · Most employers who have an annual estimated payroll of more than $20,000 are required to have workers compensation insurance. · Employers must file accident reports with the Division within 28 days of being notified of an accident. · An accident must be reported if an employee is wholly or partially incapacitated for more than the remainder of the day, shift or turn on which the injury was sustained. · Employers must give an Informational Sheet (K-WC 27/270) to every employee who reports an on-the-job injury. · Employers are responsible for providing reasonable medical treatment.
Kansas Department of Labor Division of Workers Compensation 800 S.W. Jackson Street, Suite 600 Topeka, KS 66612-1227
DEPARTMENT OF LABOR
Division of Workers Compensation
Ombudsman Claims Advisory Services
Protecting employee and employer rights under the Workers Compensation Act
· A worker may seek the services of an unauthorized doctor up to a limit of $500. · Injured workers may receive 66.67 percent of their gross average weekly wages, not to exceed the maximum of 75 percent of the state's average weekly wage.
K-WC-P 101 (Rev. 3-08)
RETURN SERVICE REQUESTED
· Employers have the right to select the treating physician.
The Division of Workers Compensation employs full-time personnel who specialize in aiding injured workers, employers and insurance professionals with claims information and problems arising from job-related injuries and illnesses. The ombudsman unit acts in an impartial manner and is available to provide the parties with general information about the current issues within the workers compensation system. For example, the ombudsman has current information on legislative changes or changes due to decisions made by the Workers Compensation Board or the courts. The ombudsman unit also can assist with specific issues on current workers compensation claims. The ombudsman provides information to employees, employers, attorneys, insurance carriers, health care providers, insurance agents, etc.
· Provide general information · Help obtain medical treatment · Help secure benefits not being paid or not being paid on a timely basis · Help secure unpaid medical benefits · Calculate benefits · Assure timely notification of employer · Assure timely submission of written claims · Explain procedures for filing for a hearing · Obtain survivors' benefits · Provide informal dispute resolution · Provide mediation assistance · Interpret for Spanish-speaking workers
Other Assistance Provided
· Site visits for hands-on assistance · Look up insurance company information · Assist with medical bill issues · Research prior injuries · Assist in legislative inquiries · Provide informational presentations · Assist with child support orders and workers compensation benefits · Make referrals to other agencies
Ombudsman assistance is available by phone, e-mail or in person. 785-296-2996
· Provide general information · Provide Workers Compensation Notice (K-WC 40) for posting · Provide required information to injured workers (K-WC 27/270) · Assure timely submission of accident reports · Assure timely and appropriate payment of medical services · Explain election information · Provide assistance with death benefit requirements · Provide informal dispute resolution · Interpret for Spanish-speaking workers
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