5 Kansas Worker's Compensation Secrets

Worker's Compensation policies and procedures were created to minimize the amount of work related injury claims that resulted in lawsuit and, to lessen the difficulty for you receiving the care you deserve. In Kansas, there are hundreds of pages of complex Worker's Compensation rules/regulations. Today we would like to provide you with five secrets your employer doesn't want you to know. 

1. You don't have to report the incident on the day it occurs. Where possible, it is best to report your injury, to your employer, the same day; however, that's not always an option and you don't have to. The Kansas statute requires a workplace injury/accident be reported within 30 days of the date of the injury/accident or 20 days if you sought treatment from a medical provider or, 20 days after the last day you actually worked. This can be done in writing or verbally (we suggest in writing and keep a copy) but, in certain circumstances these too may not be required. 
2. You can seek medical care from a provider of your choice. If you are dissatisfied with the services received from the medical provider your employer assigned, you may seek another's services. This can be done without application or approval, up to a $500 limit. (Keep in mind that the $500 cannot be used to obtain a second disability rating.) In some circumstances, you can recieve care from "unauthorized" providers, and your employer will be responsible for paying for, services beyond the $500 limit.  
3. You are entitled to payment for your travel. If your roundtrip travel is five miles, or more, you are entitled to reimbursement for mileage, currently at the rate of $0.54 per mile (07/2016-07/2017). You should keep an accurate record of your mileage for getting to and from: doctor’s appointments, medication pick-up, ER visits, therapy appointments, vocational training, etc...There are occassions where you can refuse to travel until you are given the money necessary for the travel, plus $15 for lodging and food, in advance. 
4. You are entitled to 66% (2/3) of your average weekly income. If you are being paid less than this percentage you must be notified in writing and, may request a hearing to determine if this is justified. No matter how much you made, the maximum is $627 weekly. The first seven days are unpaid, unless you are out for twenty-one or more days (then the first seven days are later paid too). Weekly wage entitlement varies but, can be paid to a spouse (if the injury resulted in the other's death), to volunteers, part-time employees and more.
5. Refusing drug/alcohol testing, following your injury, does not necessarily mean you cannot collect benefits. Your employer may tell you otherwise; however, there are a number of things that must have been in place, prior to your injury, for denial of benefits to occur. If each was not, it becomes the burden of your employer to prove sufficient cause to believe you were under the influence of drugs or alcohol and/or there was proper policy/consent in place. 

These are just five secrets that are hiding in the middle of the hundreds of pages of Kansas Worker's Compensation law. We are experienced in these matters and know many more. If you were injured on the job, your employer and the insurance company will have an attorney and, so should you. Call Attorney T. Morton today at 913.602.7288 or complete this FORM.