Kansas Workers' Compensation Laws
UPDATED: March 29, 2011
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident law decisions. Finding trusted and reliable legal advice should be easy. This doesn't influence our content. Our opinions are our own.
Kansas workers' compensation laws detail the benefits an employee may receive for his work injury or illness and the procedures that must be followed under Kansas law to get these workers' compensation benefits.
Claims under Kansas Workers' Compensation Laws
Kansas workers' compensation laws allow for a variety of claims to be made if a worker has been injured or fallen ill due to his or her job. These claims are described below.
Claims for Injuries Caused by Accidents
When a worker is injured in an accident or a mishap at the workplace, his injury is covered by his employer's workers' compensation insurance. However, if the employee is injured because he is using drugs or is intoxicated, or because the injury is self-inflicted or his actions are against employer policy, the injury will not be covered.
Workplace Disease Claims
When an employee contracts a disease at his place of work, or develops an illness as a result of his repeated exposure to unsafe conditions at work, his employer's insurance will cover his disease. Such diseases may include carpal tunnel syndrome or various types of lung disease caused by workplace exposure to hazardous materials.
If a worker dies because of his occupational disease or injury, his dependent relatives may receive death benefits under Kansas workers' compensation laws.
Kansas Workers' Compensation Benefits
Treatment for Medical Condition: An employer's workers' compensation insurance will pay a worker's medical bills for treatment of his work-related injury or disease. Payments will be made directly to the employee's medical provider.
Mileage Reimbursement: If you must go to doctor appointments or to the hospital for treatment of your injury, you may be reimbursed for the costs of any travel for medical treatment that is five or more miles from your home.
Funeral and Death Expenses: If a worker passes away from his occupational disease or injury, his dependent children or spouse will initially be paid $40,000, after which the dependents may be paid up to $250,000, depending on the case. Benefits are paid weekly. Additionally, to help with the cost of funeral expenses, $5,000 may be available.
Replacement Income Benefits: Income replacement is often an important part of an injured worker's claim for compensation. In Kansas, income replacement benefits fall within one of four categories, depending on the circumstances of the worker's injury and ability to work during recovery.
1) Temporary Total Disability Benefits (TTD): If a worker's occupational medical condition completely prevents him from doing work while he recovers, each week he may receive two-thirds of the employee's average weekly wage prior to his injury.
2) Temporary Partial Disability Benefits (TPD): The rate of benefits for temporary partial disability (when an employee's injury prevents him from doing his old job while he recovers, but not from doing some other form of work) is two-thirds of the difference between the worker's after-injury wage and two-thirds of his pre-injury weekly wage.
3) Permanent Total Disability Benefits (PTD): A worker will be paid PTD benefits when he is completely disabled by his work-site injury or illness, and it is impossible for him to return to work ever.
4) Permanent Partial Disability Benefits (PPD): The employee's workplace injury permanently disables him in some way, even after he fully recovers (i.e. loss of limb). The type of injury suffered by the worker will determine the amount of PPD benefits.
Kansas Workers' Compensation Statutes
For a look at the full text of the following Kansas workers' compensation statutes, refer to the online version of the most recent Kansas Statutes Annotated.
Employers Subject To Workers' Compensation: Kansas Statutes Annotated 44-505; Covered Employees: Kansas Statutes Annotated 44-508(b); Benefits: Kansas Statutes Annotated, 44-510(a-c); Claims Procedure: Kansas Statutes Annotated, 44-520(a), 44-557.