Kansas.gov

Ombudsman/Claims Advisory Section

Ombudsmen specialize in aiding injured workers, employers and insurance professionals with claims information and problems arising from job related injuries and illnesses. They act in an impartial manner and are available to provide the parties with general information about the current issues within the workers compensation system. For example, the ombudsmen have current information on changes in the law due to legislation, or decisions made by the Workers Compensation Appeals Board, the Court of Appeals or the Supreme Court. The Ombudsman Section can also assist parties on specific issues with current workers compensation claims.

Ombudsmen can provide information on a wide range of topics and issues concerning workers compensation to employees, employers, attorneys, insurance carriers and agents, healthcare providers and others.

Assisting Injured Workers Who Need:

  • General information
  • Medical treatment
  • Benefits not now being paid or not being paid on a timely basis
  • Resolution of unpaid medical benefits
  • To make timely notification to employer
  • Information about procedures for filing for a hearing or an appeal
  • Assistance with entitled benefits as a survivor (fatal claims)
  • Informal dispute resolution
  • Mediation assistance
  • To speak with a Spanish speaker

Assisting Employers/Insurance Companies Who Need:

  • General information
  • To post Workers Compensation Rights and Responsibilities (K-WC 40-A)
  • To provide required information to injured workers (K-WC 27-A/270-A)
  • To make timely submission of accident reports
  • To make timely and appropriate payment of medical services
  • Election information
  • Assistance with death benefit requirements
  • Informal dispute resolution
  • Assistance for Spanish speaking workers
  • Onsite visits for hands-on assistance

Other Assistance Provided:

  • Looking up insurance companies
  • Assisting with collection of medical bills by identifying appropriate carrier
  • Researching prior injuries (if permitted by work comp laws)
  • Responding to legislative inquiries
  • Conducting presentations and workshops
  • Making referrals to other agencies

Facts About Workers Compensation:

  • Per K.S.A. 44-520, on or after April 25, 2013, a claim may be denied if an employee fails to notify their employer within the earliest of the following dates:
    • 20 calendar days from the date of accident or the date of injury by repetitive trauma;
    • if the employee is working for the employer against whom benefits are being sought and such employee seeks medical treatment for any injury by accident or repetitive trauma, 20 calendar days from the date such medical treatment is sought; or
    • if the employee no longer works for the employer against whom benefits are being sought, 10 calendar days after the employee’s last day of actual work for the employer.
  • Most employers who have an estimated annual payroll of more than $20,000 are required to have workers compensation insurance.
  • Employers are responsible for having accident reports filed with the division within 28 days of employer notification of an accident.
  • An accident shall 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 Form K-WC 27-A/270-A to every employee who reports an on-the-job injury.
  • Employers are responsible for providing reasonable medical treatment.
  • Employers have the right to select the treating physician.
  • 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 in effect at the time of injury.
Injured Worker Contact

Employer Services Contact