Claims Kit

Physician Selection KSA 44-510h

The employer has the right to select the doctor who will treat the injury

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 $800 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 authorizes a change, the employer must submit two names of healthcare providers.  If possible, the two providers must not be in the same practice group. These two providers must be available in the employee’s geographic area.

The employee selects one of the two providers. That provider becomes the authorized treating physician going forward.

If the employee still cannot obtain satisfactory care from either of the two providers, either the employer, the employee, or both may ask the Director to choose a provider directly.
 

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 51-12-2

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

Posting Notice KWC40a

Penalties for Late Reporting K.S.A. 44-557 (c)

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.