Workers Compensation FAQs for Employees

I've been injured at work; what do I need to do?
Notify your employer immediately. Refer to Workers Compensation Rights and Responsibilities (K-WC 40-A) for more information about what to do if you are injured at work.

Do I need to file with the state and will the state pay my claim?
The state of Kansas does not administer or pay workers compensation claims. The only exception would be for employees of the state. In most cases the claim will be paid by your employer's workers compensation insurance carrier. Your employer should be able to provide you with the name and contact information for the payer of the claims.

I am currently off work. How much of a weekly benefit will I receive?
The weekly benefits are based on 66 2/3 percent of your average weekly wage up to a maximum of 75 percent of the state's average weekly wage.

The workers compensation doctor has me off work; is there a waiting period to begin receiving my weekly check?
Temporary Total Disability (TTD) benefits are not paid during the first seven days of lost time. If you are off work for 21 consecutive days or more, the first seven days will be paid to you. All days are calendar days, not working days.

What medical treatment can I expect to receive?
You are entitled to medical treatment reasonably necessary to cure and relieve the effects of the work-related injury. This would include diagnostic services and treatments such as surgery, physical therapy and any prescriptions. There are no deductibles or co-payments and no maximum limit. The employer/insurance carrier has the right to select an authorized treating provider.

Will I be compensated for any missed time from work for doctors appointments as well as my travel?
The employer/insurance carrier is not required by statute to pay the employee for time off work in order to seek medical treatment. You are, however, entitled to reimbursement for travel for medical-related mileage, providing the round trip is five miles or more. The mileage is reimbursed by the employer's workers compensation carrier.

I've been offered a settlement, how do I know if it is the correct amount by law?
There are two calculators on our website for calculating a final settlement. You are also welcome to contact the Ombudsman Section at the Division of Workers Compensation. The staff there can walk you through the calculation, based on information provided. Remember, a settlement offer will not be made until the authorized physician releases you from care.

I'm dissatisfied with the authorized treating physician. Can I seek a second opinion or see another provider for treatment?
You may seek medical services from an unauthorized provider. The services of the provider can be sought without application or approval. There is a $500.00 limit for the medical treatment payable by the insurer if your claim is compensable. The unauthorized medical allowance cannot be used to obtain a second disability rating.

There are some things I don't understand and I have further questions about workers compensation; does the Department of Labor have an office that can assist me?
Yes, the Kansas Division of Workers Compensation provides assistance and information through the Ombudsman Section. You can contact them at (800) 332-0353, (785) 296-4000 or kdol.wc@ks.gov. The office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday.