Claims Kit

Penalties for Late Reporting K.S.A. 44-557

The repeated failure of any employer to file or cause to be filed any report of injury or supplemental report will  be subject to a civil penalty for each violation of no more than $250.

Physician Selection KSA 44-510h

 Employers are legally entitled to choose the treating physician.

If an employee self-selects a physician who is not authorized or agreed upon by the employer, the employer is responsible for only the first $500 in medical bills from the self-selected physicians. The employee has the right to apply to the Director of Workers Compensation for a change of doctor.

If the director finds, upon application of an injured employee, that the services of the health care provider furnished are not satisfactory, the director may authorize the appointment of some other health care provider. In this case, the employer will submit the names of two health care providers who, if possible, are not associated in practice together. The injured employee may select one from the list who will be the authorized treating health care provider. If the injured employee is unable to obtain satisfactory services from any of the health care providers submitted by the employer, either party or both parties may request the director to select a treating health care provider.

Reporting of Claim by Employer K.S.A. 44-557

The terms employer and carrier are used somewhat interchangeably.  After an employer receives notice of the injury from the worker, the employer has 28 days to report to the director.  However, unless self-insured, the employer must report to the carrier which, in turn, reports to the director via EDI.  Employers cannot report through EDI.  By extension, the carrier is under the same standards of reporting within 28 days of the notice to the employer.  The employer should be very expedient in its reporting to the carrier so as to allow the carrier enough time to report to the state within 28 days.

When the accident has been reported and subsequently the person has died, a supplemental report must be filed with the director within 28 days after receipt of knowledge of the death

Posting Requirements KAR 51-12-2

Employers must post written notice advising employees what to do in case of injury.

Posting Notice KWC40a