If you were hurt on the job in Kansas, two clocks start running the moment it happens. Missing either one can cost you your right to benefits — so before anything else, read the deadlines below.
What to do first
Report the injury to your employer right away — orally or in writing. Under Kansas law, notice must be given by the earlier of these two dates: 30 calendar days from the date of the accident (or from the date of an injury by repetitive trauma), or, if you no longer work for that employer, 20 calendar days after your last day of employment there. Weekends count toward the notice period. Your notice must include the time, date, place, person injured, and the particulars of the injury, and it must be apparent that you are claiming a work-related injury or benefits under the Workers Compensation Act. Tell a supervisor, manager, or whoever your employer has designated to receive injury reports — not just a coworker.
Get medical care. Kansas law makes your employer responsible for providing the services of a healthcare provider for a work injury (see the medical-care section below on who picks the doctor).
Write down what happened — date, time, location, witnesses, and how the injury occurred — while it's fresh.
Ask your employer whether they carry workers' compensation insurance and get the name of the insurance carrier or third-party administrator handling claims.
Kansas law does waive the notice requirement in narrow situations — if the employer (or its authorized agent) already had actual knowledge of the injury, if the employer or agent was unavailable to receive notice within the period, or if you were physically unable to give notice. But you must prove one of those, so don't count on an exception. Give notice immediately.
Kansas's workers' compensation agency
Workers' compensation claims in Kansas are administered by the Kansas Department of Labor, Division of Workers Compensation. The Division administers the Workers Compensation Act, its administrative law judges hear disputed claims, the Workers Compensation Appeals Board reviews their decisions, and the Division runs an Ombudsman / Workers Compensation Consultants program that answers injured workers' questions at no charge.
Most Kansas employers must carry workers' compensation coverage. Kansas is not a monopolistic state-fund state — employers buy coverage on the private market or qualify to self-insure.
The main exemptions in the Workers Compensation Act are:
Very small payrolls. An employer is exempt if its total gross annual payroll for the preceding calendar year was not more than $20,000 for all employees and it reasonably estimates its payroll for the current calendar year will not exceed $20,000. Wages paid to a member of the employer's family by marriage or blood relation are not counted in that payroll calculation.
Agricultural pursuits and employees engaged in them are generally excluded (except where the State is the employer).
Certain other categories, including firefighters whose relief association has filed an election with the Division's director to be exempt, and real-estate agents treated as independent contractors whose pay is tied to sales output rather than hours worked.
An employer that is exempt can still elect to come under the Act by filing a written election with the director. If you are not sure whether your job is covered, ask your employer for its insurance information and contact the Division directly — do not assume you are uncovered.
The deadline to file your claim
This is the deadline that ends claims for good if you miss it. Under Kansas law, no proceeding for compensation can be maintained unless an application for hearing is on file in the office of the director 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.
In practice, if compensation has been paid on your claim, the two-year clock runs from the last payment; if no payment has been made, the three-year outer limit from the date of the accident controls. Because these two clocks interact, don't try to calculate your own deadline down to the day — contact the Division or its Ombudsman program well before you think time is running out.
Medical care: who picks your doctor
In Kansas, your employer directs your medical care. The Act makes it the employer's duty to provide the services of a healthcare provider and the medical, surgical, and hospital treatment reasonably necessary to cure and relieve the effects of the injury — and in the ordinary case the employer (or its insurer) designates that authorized treating provider. You do not get a free choice of doctor at the outset.
If you are not satisfied with the care you're getting, you can ask the Division to step in. On an injured employee's application, if the director finds that the services being furnished are not satisfactory, the director may authorize the appointment of a different healthcare provider. In that situation, the employer must submit the names of two healthcare providers who — where local availability allows — are not associated in practice together, and you choose one of the two as your authorized treating provider. If you still cannot obtain satisfactory services from that provider, either you or the employer may ask the director to select the treating provider.
You may consult a healthcare provider of your own choosing for examination, diagnosis, or treatment without applying for approval — but the employer is liable for that provider's fees and charges only up to a total of $800, a fixed figure written into the statute (K.S.A. 44-510h(b)(2)). Anything beyond that is your own responsibility. The same statute says the amount allowed for that examination, diagnosis, or treatment cannot be used to obtain a functional impairment rating, and a medical opinion obtained in violation of that prohibition is not admissible in your claim proceedings. So unless it is a true emergency, start with the employer-authorized provider or get approval first.
Wage-replacement benefits
If your injury keeps you off work, Kansas pays wage-loss benefits at 66⅔% (two-thirds) of your average gross weekly wage for temporary total and permanent total disability.
Waiting period: No compensation is paid for the first week of disability — unless the disability lasts three consecutive weeks, in which case that first week is paid as well.
Weekly maximum and minimum: Kansas sets a maximum weekly benefit tied to a percentage of the state's average weekly wage, and there is also a statutory minimum. These dollar figures change over time, so they are not printed here — ask the Division of Workers Compensation or your claims adjuster for the current maximum and minimum weekly benefit amounts.
Permanent disability
Kansas handles permanent partial disability two different ways depending on the body part injured:
Scheduled injuries — such as an arm, leg, hand, foot, eye, or hearing loss — are compensated according to a schedule in the Workers Compensation Act, based on the percentage of functional impairment established by medical evidence.
Whole-body (non-scheduled) injuries — injuries not covered by the schedule — are compensated as a general disability, subject to a maximum number of compensable weeks set by statute.
Permanent disability calculations in Kansas can turn on impairment ratings, work ability, and other case-specific facts. If you disagree with how your permanent disability is being rated, that is exactly the kind of issue the Ombudsman program or an attorney can help you evaluate.
If your claim is denied
If your employer or its insurance carrier disputes your right to benefits — or any issue about the benefits you're owed — the dispute is resolved by filing an application for hearing with the Division's director. The case is assigned to an administrative law judge (ALJ), who holds a hearing and issues an award or order.
If you disagree with the ALJ's decision, act fast: a written request for review by the Workers Compensation Appeals Board must be filed within 10 days of the ALJ's award or order. In counting those 10 days, intermediate Saturdays, Sundays, and legal holidays are excluded — but that is still a very short window, so calendar it the day the decision arrives.
After the Board issues a final order, any party may appeal to the Kansas Court of Appeals by filing the appeal within 30 days of the date of the Board's final order. Review at that level is limited to questions of law.
Where to get help in Kansas
Division of Workers Compensation Ombudsman / Workers Compensation Consultants — a free Division service that helps injured workers with questions about their claim, getting treatment authorized, and benefits that are late or unpaid. Reach them through the Division at dol.ks.gov/workers-compensation.
Legal aid. Nonprofit legal aid organizations in Kansas may be able to help income-eligible workers; ask the organization directly whether it takes workers' compensation matters, since not all legal aid programs do.
You do not have to hire a lawyer to report an injury or start a claim, and many workers handle the early steps — giving notice and getting authorized treatment — on their own. If your claim is disputed or denied, or your permanent disability rating is at stake, that is a good time to get help.
This article provides general legal information about Kansas workers' compensation law, not legal advice. For guidance on your specific situation, contact the Kansas Department of Labor, Division of Workers Compensation, or a licensed Kansas attorney.
Frequently asked questions
How long do I have to report a work injury to my employer in Kansas?
Notice must be given by the earlier of 30 calendar days from the date of the accident or repetitive-trauma injury, or 20 calendar days after your last day of employment if you no longer work for that employer. Weekends count toward the deadline. Notice can be oral or written, and it should state the time, date, place, person injured, and particulars of the injury. Kansas law waives notice in a few narrow situations (for example, if the employer already had actual knowledge of the injury), but you would have to prove it — so report immediately.
Who chooses my doctor for a Kansas workers' comp injury?
Your employer does. Kansas law makes it the employer's duty to provide the healthcare provider and the treatment reasonably necessary for the injury, and the employer (or its insurer) designates the authorized treating provider. If you believe the care is not satisfactory, you can apply to the Division's director; if the director agrees, the employer must submit the names of two providers and you pick one. If that provider still isn't satisfactory, either party can ask the director to appoint one.
Can I see my own doctor in a Kansas workers' comp claim?
You may consult a healthcare provider of your own choosing for examination, diagnosis, or treatment without asking for approval, but K.S.A. 44-510h(b)(2) limits the employer's liability for that care to a total of $800 — anything above that is on you. That care also cannot be used to obtain a functional impairment rating, and a medical opinion obtained in violation of that prohibition is not admissible in your claim proceedings. Unless it is a true emergency, start with the employer-authorized provider or get approval first.
How much does Kansas workers' comp pay if I can't work?
Kansas pays 66⅔% of your average gross weekly wage for temporary total and permanent total disability. No compensation is paid for the first week of disability unless the disability lasts three consecutive weeks, in which case the first week is paid as well. There is a state minimum and a maximum weekly benefit tied to the state's average weekly wage; those dollar amounts change, so ask the Division of Workers Compensation for the current figures.
What if my Kansas workers' comp claim is denied?
Disputed claims are decided by an administrative law judge after an application for hearing is filed with the Division's director. If you disagree with the judge's award or order, you must file a written request for review with the Workers Compensation Appeals Board within 10 days (Saturdays, Sundays, and legal holidays are excluded from that count). A final order of the Board can be appealed to the Kansas Court of Appeals within 30 days.
Is there a deadline to file a Kansas workers' comp claim?
Yes. An application for hearing must be on file in the office of the Division's director 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. Because those two time limits interact, contact the Division or its Ombudsman program well before you think your deadline is approaching.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
Knowing your rights is the first step
Join thousands committing to calmly and consistently exercise their constitutional rights.
