If you are newly injured, you may be wondering how to begin the Kansas Worker's Compensation process. Here's how to get started:
1. If you require medical attention, first attempt to find out where your employer wants you to be seen. That is unless it is an immediate emergency. In that case, you should get the care you need right away (i.e. call 911, report to the emergency room, etc...);
2. You should notify your employer right away of your injury, even if you think you are at fault. Under the Kansas law you must share this information with your employer within 10 days or, risk losing your benefits. You can double-check that your employer has notified their insurance by contacting the Kansas Department of Labor or requesting the insurance provider information from your employer directly;
3. Be sure to get all records related to your injury, pictures of your injury and/or any witness(es) contact information. You will need this information later;
4. Your claim for Worker's Compensation benefits (which is different than telling them about your injury) must be submitted in writing within 200 days of the date of the accident or the date of the last compensation payment/authorized medical care;
5. You may be required to submit to a drug/alcohol test. Refusal to do so or failure to complete the testing immediately may result in denial of benefits;
6. While under the care of a Worker's Compensation physician you must, within reason, follow the treatment plan provide and stay in regular contact with the insurance company;
7. You are not required to maintain employment with the company you filed your Worker's Compensation claim with; however, if you are terminated strictly because of your injury you may have a claim for wrongful termination; and
8. YOU NEED AN ATTORNEY. Although this is the last point in this blog, it is the most important. Kansas Worker's Compensation laws are complex and, are riddled with strict deadlines and rules. There is very little forgiveness afforded, by the courts, for not knowing or understanding how to maneuver through the process.
We have recovered tens-of-thousands of dollars for other injured clients and will work tirelessly to get what is fair for you. If you, or your loved one, have been injured at work give us a call today at 913.602.7288 or complete this FORM.
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