Kansas Workers’ Comp Fact Sheet: Essential Facts Employees Need to Know

If you’re injured or contract an occupational illness at work, the combination of healthcare costs and missed wages could put you at serious financial risk. But under Kansas workers’ compensation law, you have a right to file a workers’ comp claim. That means you can recover workers’ compensation benefits to pay for medical expenses, lost wages, disability, and other costs. And since workers’ comp laws are no-fault laws, you don’t even need to prove that your employer was negligent to make a claim. If you’re an employee, it’s absolutely vital for you to understand your rights following a workplace injury in Kansas. So in this workers’ comp Kansas fact sheet, we explain what you need to know to claim compensation after an injury on the job. For more information, schedule a free legal consultation with an experienced workers’ compensation attorney at Phalen Law.

Who is covered under Kansas workers’ compensation?

Each state has different rules for workers’ compensation. For example, our Missouri workers’ comp fact sheet gives very different information for eligibility. In Kansas, workers’ comp insurance is mandatory for almost all employers with:

• One or more employees
• An annual payroll of more than $20,000

You’re covered by Kansas workers’ comp insurance from your very first day at work. This is true for full-time, part-time, and seasonal workers. Even undocumented workers have workers’ comp rights. However, there are some exceptions.

Who isn’t covered under workers’ comp in Kansas?

Certain employers aren’t required to carry workers’ comp insurance. You’re probably not covered if you’re:

• An employee of a business with a payroll of $20,000 or less
• A worker in certain agricultural businesses
• A Realtor who qualifies as an independent contractor
• A firefighter belonging to a firefighters’ relief association that has waived coverage under workers’ compensation law
• An owner-operated vehicle driver covered by your own occupational accident insurance policy

Similarly, independent contractors – including sole traders, sole proprietors, freelancers, and gig contractors – generally aren’t covered because they’re not employees. If you’re not covered by an employer’s workers’ comp insurance policy, it’s recommended that you take out your own insurance policy in case of a Kansas work injury.

What types of injuries and illnesses are eligible?

On-the-job injuries

You can claim for sudden, identifiable accidents that occur in the course of your work duties. These include:

• Slips, trips, and falls: For example, a waitress slips on a wet floor and sprains her ankle
• Equipment accidents: A construction worker suffers a hand injury from a malfunctioning power tool
• Vehicle accidents: A delivery driver is injured in a car crash while making deliveries for work

If these injuries were caused by the negligence of a third party other than your employer, you might also be able to make a personal injury claim. Phalen Law specializes in both workers’ comp claims and personal injury law. That means we might be able to spot additional benefits you’re entitled to that other firms could miss. Book a free, no-obligation consultation today to discuss your claim.

Repetitive stress injuries

These injuries result from repeated motions or activities that cause strain or damage over time. For example, you could claim:

• Carpal tunnel syndrome: A secretary develops carpal tunnel from years of using a keyboard
• Tendonitis or bursitis: A factory worker who performs repetitive lifting develops a shoulder injury

To prove a repetitive stress injury, you’ll need medical evidence linking your condition to work activities. Be sure to consult an employer-approved healthcare provider to get documented evidence to support your claim.

Occupational disease and long-term exposure cases

Illnesses can develop over time due to long-term exposure to hazardous materials and harmful environments at work. You might suffer from:

• Asbestosis or mesothelioma: A construction worker exposed to asbestos over time develops lung disease
• Hearing loss: A manufacturing worker experiences partial hearing loss due to years of exposure to loud machinery
• Silicosis: A miner develops lung disease from long-term inhalation of silica dust

These are compensable if the condition is directly related to occupational exposure and not likely to have been contracted outside the workplace.

Pre-existing conditions aggravated by work conditions

In most cases, pre-existing conditions aren’t covered by workers’ compensation. But if your work conditions aggravate a known condition, you might be able to make a claim. This could be for:

• Back injury: An office worker with a prior back issue experiences significantly greater suffering after moving heavy boxes at work
• Arthritis flare-up: A construction worker uses vibrating equipment that aggravates previously manageable arthritis

What can disqualify you from workers’ comp in Kansas?

You don’t have to prove your employer was at fault to receive workers’ compensation in Kansas. But your injury or illness must arise out of your work. If it didn’t, or it falls under one of the exclusions below, you may lose your eligibility.

Defining workplace injury

K.S.A. 44-508 also mentions that workers’ comp benefits won’t apply for accidents or injuries that arise from:

• The natural aging process
• Normal activities of day-to-day living
• A neutral risk unrelated to employment
• Personal risk
• Idiopathic causes

Similarly, you won’t qualify if your injuries occurred:

• While you were on the way to assume workplace duties or after leaving those duties (such as driving to or from work)
• While you were engaged in recreational or social events you were under no duty to attend
• Where your injury didn’t result from performing your normal job duties, or those specifically instructed by your employer

Impairment from alcohol or drugs

You don’t qualify for compensation if your workplace injury was influenced by your impairment from alcohol or drugs.

This includes prescription and non-prescription medications. However, you may still qualify for benefits if:

• The medications were taken in therapeutic doses
• You hadn’t been impaired on the job from such medications within the past 24 months

If it’s shown that you were impaired by alcohol or drugs, it will be assumed that your impairment contributed to your accident. In this case, you’ll be disqualified from receiving workers’ comp benefits.

To prove whether or not this was the case, your employer may ask you to submit a chemical test. If you refuse and your employer has good reason to suspect the use of alcohol or drugs, or their policy clearly authorizes post-injury testing, you will forfeit your benefits.

Safety violations

You also won’t qualify if your injury results from:

• Deliberate intention to cause your own injury
• Willful failure to use protection against accident or injury that’s both relevant to statutes and provided for you
• Willful failure to use reasonable protection your employer has voluntarily provided
• Reckless violation of workplace safety rules and regulations
• Voluntarily fighting or engaging in horseplay with a coworker for any reason, work related or otherwise

Coronary disease and stroke

Kansas law doesn’t provide compensation for coronary or coronary artery disease, or cerebrovascular injury (e.g. stroke) unless it was caused by exertion beyond what’s normally required by your workplace duties.

Similarly, you can still qualify if those conditions arose due to extreme heat.

Pre-existing disability

Having a pre-existing disability won’t disqualify you from workers’ comp. But your compensation for any permanent disability arising from your workplace injury may be reduced by the existence of a rating on any relevant pre-existing disability.

Workers’ comp Kansas statute of limitations

The statute of limitations is how long you have to file a workers’ comp claim after an injury or illness occurs. Under the Kansas statute of limitations, you must file within the later of:

• Three years of injury
• Two years from the date of last payment

These workers’ comp deadlines typically start to run from the date of your injury. But in some cases—such as repetitive stress injuries or occupational disease—it’s not possible to know you’ve come to harm right away. Under these circumstances, the statute of limitations begins from the date when your condition was discovered or should’ve been reasonably discovered.

Key steps to filing a workers’ comp claim in Kansas

Report the injury to your employer

After experiencing or discovering your workplace injury or illness, you need to report the incident to your employer right away. In the past, you had only 20 days to report an injury at work. But thanks to a new 2024 Kansas workers’ comp bill, you now have up to 30 days. You can report your injury either verbally or in writing. However, a written notice, such as an email or signed letter, is strongly recommended. That’s because it creates evidence of your report that you might need to rely on if something goes wrong. After reporting, you have up to three years to file a workers’ comp claim under the Kansas statute of limitations. Your employer might provide you with the paperwork you need to make a claim. If not, you can file with the Kansas Department of Labor Workers’ Compensation Division. Remember that if you miss the 30-day deadline, you might lose your right to claim compensation.

Employer files a report with their insurance carrier

Once you report your incident, it’s your employer’s responsibility to file a report with their insurer. This begins the claims process and allows you to start claiming benefits. Your employer must also submit Form E-1 (Employer’s Report of Accident) to the Kansas Division of Workers’ Compensation if:

• Your injuries result in time off work beyond the day of injury; or
• Medical treatment beyond first aid is required

Complete additional forms as necessary

In some cases, you may be asked to submit a written claim for workers’ compensation benefits. You must do this within one year of your last medical treatment or injury-related wage payment. Your employer or their insurance carrier might also ask you to fill out other forms to document your injury and treatment. This will depend on their individual policies.

Get medical attention through an authorized provider

If your condition is severe enough, it’s also your employer’s responsibility to help you by requesting an ambulance or transporting you to a medical facility. Your employer has the right to choose an authorized treating physician. If you choose your own doctor without employer approval, you may be responsible for those costs. However, in an emergency or when the employer isn’t available, you may be able to claim costs regardless of whether or not you’re treated by an authorized provider in Kansas.

What benefits can injured Kansas workers receive?

Medical expenses

You can claim all necessary and reasonable medical expenses related to your work injury. That includes:

• Doctor visits
• Surgeries
• Diagnostic procedures
• Physical therapy
• Prescription medications
• Medical equipment (e.g., braces, crutches)

There are no deductibles or copayments, and no maximum limit to how much you can claim for medical treatment in Kansas. You can also claim for transportation to and from your medical appointments. That includes any receipts from taxi journeys or public transport, or gas costs for private vehicles. As of January 1, 2025, the state rates for private vehicles are:

• $0.67 per mile for automobiles
• $0.65 per mile for motorcycles

Wage replacement

If you miss work due to your injuries or illness, you can claim wage loss in Kansas. This is referred to as temporary disability benefits. How workers’ compensation benefits are calculated in Kansas depends on whether you suffer total or partial disability.

Temporary Total Disability (TTD)

If you’re completely unable to work during your recovery but are expected to return to work at some point, you can qualify for TTD benefits. Under TTD, you can claim two-thirds of your average weekly wage up to 75% of the Kansas state average weekly wage (SAWW) on the date of your injury. From July 1, 2024, to June 30, 2025, the SAWW is $1,113.41. That means you can claim weekly benefits of up to $835 per week. You can start receiving TTD benefits if you miss more than seven consecutive days of work. These seven days aren’t included in your payments unless you’re out for more than 21 days. Under Senate Bill 430, you can claim a lifetime maximum of $225,000 in TTD benefits for your workplace injury.

Temporary Partial Disability (TPD)

In less severe cases in which you’re expected to make a full recovery, you might be fit to return to work with reduced hours or pay due to your injury. If you do, you can make up the difference by claiming TPD benefits. These benefits are equal to two-thirds of the difference between your pre-injury and post-injury wages. As with TTD benefits, you can claim a maximum of $835 per week. The maximum lifetime claim for TPD is also $225,000.

Disability benefits

Permanent Total Disability (PTD)

You can claim PTD benefits if your injuries or illness leave you unable to work in any capacity. You can claim permanent disability in Kansas until you hit the benefits cap of $400,000 or reach the maximum number of weeks you can claim. The maximum number of weeks depends on the disabled body part. It ranges from 10 weeks for any toe other than the great toe up to 415 weeks for whole-body disability.

Permanent Partial Disability (PPD)

Benefits for PPD apply if you have a lasting impairment but can still work, even if you can’t return to your original job role. PPD still uses 75% of the SAWW to determine how much you can claim. But it’s also affected by:

• Body part: Kansas Statute 44-510d outlines the maximum number of weeks you can claim, depending on which body part was injured
• Disability percentage: For example, if your doctor determines that you’ve lost 30% functionality in your injured body part, you can claim up to 30% of the total possible amount

The maximum lifetime amount you can claim for PPD is $225,000.

Vocational rehabilitation

If you’re severely injured and unable to return to work in your previous role, your employer can authorize you to enroll in a vocational rehab program. This service helps people with physical or cognitive impairments to find and sustain employment. A Qualified Rehabilitation Professional (QRP) will conduct an assessment of your skills, interests, and abilities to help you:

• Identify transferable job skills
• Establish your physical or mental restrictions
• Assess your ability to return to work with the same employer
• Determine your need for a rehabilitation plan

Through vocational rehab, you could find a suitable working role despite your injuries.

Death benefits

If a worker dies as a result of their work-related injury or illness, their survivors can claim weekly death benefits, also called survivor’s benefits. Survivors can claim up to two-thirds of the deceased’s average weekly wage up to the SAWW. A surviving spouse can claim for the rest of their life or until they remarry. The maximum lifetime amount for death benefits is $500,000. Dependent children can claim until they reach the age of 18. Though they can continue to claim up to the age of 23 if they:

• Become a full-time student
• Are incapacitated from wage earning

The employer or their insurer must also pay burial expenses up to $5,000.

What if your workers’ comp claim is denied in Kansas?

Appeals options through the Division of Workers’ Compensation

If you fail to report your injury or illness to your employer within 30 days or miss the statute of limitations deadlines, you might lose your right to make a claim. But you might be facing unjust denial if your injury:

• It isn’t considered work-related
• It isn’t seen as having sufficient medical evidence
• Is blamed on a pre-existing condition

You should receive a written explanation from your employer or their insurance company giving the reason for the denial. You can formally appeal the denial by requesting a review through the Division of Workers’ Compensation. The appeal usually begins with mediation and can proceed to a formal hearing before a judge.

Mediation and formal hearings

Mediation is an informal, voluntary process in which a neutral third party helps you and your employer or their insurance company reach an agreement without going to court. But if mediation doesn’t solve the dispute over denial, you can move forward with a formal hearing before an Administrative Law Judge (ALJ). Much like in a jury trial, both sides present evidence and medical records, and call upon witnesses and expert testimony to make their case. The ALJ then issues a binding decision on whether your injury is compensable and what benefits you’re entitled to. If you disagree with the ALJ’s decision, you can appeal further to the:

• Workers’ Compensation Appeals Board
• Kansas Court of Appeals
• Kansas Supreme Court

However, it’s almost impossible to appeal a decision without trusted legal representation. So if you need to challenge a workers’ comp denial, contact Phalen Law right away.

How a workers’ comp attorney can help

Reviewing your case and benefits eligibility

Before you expend any time or energy on making a claim, a Kansas workers’ comp attorney at Phalen Law can advise on whether you have a case worth pursuing. If you do, we can identify which benefits you’re eligible for, and how much money is suitable to demand. This figure depends on Kansas workers’ comp law, legal precedent, and medical evidence attesting to your condition. Without this information, it’s easy to be pressured into accepting much less compensation than you deserve. We also help catch common mistakes that could lead to denial, like missing documentation or tight deadlines. And if you’ve been denied due to a pre-existing condition, we might be able to prove your work significantly aggravated it. That would make it compensable under Kansas law.

Gathering medical records, wage evidence, and expert opinions

If you have grounds for a claim, you need to build a strong, evidence-backed case for compensation. But it can be difficult to know what evidence to collect, and whether or not it’s substantial enough to support your claim. For example, without an attorney providing legal advice, many injured workers miss out on expert testimony that can be crucial in disputed claims. You also might not know what to claim for. So you could miss out on benefits that you’re entitled to. When you hire a workers’ comp attorney at Phalen Law, we take all the stress and uncertainty away by:

• Collecting complete medical records and treatment history
• Working with doctors to get clear written statements about your diagnosis and work restrictions
• Obtaining second opinions or an independent medical exam (IME) if necessary
• Compiling accurate wage records to calculate your benefits properly
• Seeking out vocational or medical experts to support your permanent disability or job retraining claims

Settlement negotiations

The goal of an insurance company isn’t to give you the money you need to recover. It’s to part with as little money as possible. It’s common for insurers to:

• Downplay your injuries
• Deny benefits based on technicalities
• Offer lower settlement amounts than you deserve

Without knowing how to argue against their claims, you might accept less money than you’re entitled to, which can make recovery difficult. And if you don’t, you might face a long and difficult legal battle that you’re unlikely to win without representation. But the workers’ comp attorneys at Phalen Law know how to:

• Push back against unfair denials and delays
• Negotiate a fair settlement that considers your current and future medical needs and wage losses
• Protect you from being pressured into signing away your rights too early

With our support, you can receive a well-negotiated settlement that’s worth far more than was initially offered. This is especially important in cases of permanent disability, where your payout will have a big impact on the rest of your life.

Legal representation at hearings and appeals

If your case goes to mediation or a formal hearing, your attorney can:

• Present arguments, question witnesses, and submit evidence on your behalf
• Challenge the employer’s position and highlight flaws in the insurer’s case
• File appeals to higher courts in cases where your compensation is denied

Trying to handle a hearing alone can be overwhelming and risky, especially when your employer or their insurance company is sure to have legal representation. At Phalen Law, we have a comprehensive knowledge of Kansas workers’ comp laws and over 50 years of experience in defending injured workers. So when you hire us to defend your legal rights, you give yourself the best possible chance of receiving a substantial payout.

Fight for your rights with Phalen Law

Injured Kansas workers have a right to financial compensation to cover medical care and lost wages after a workplace injury or illness. But it’s very easy to miss filing deadlines and lose your eligibility. And if you try to make your claim alone, you might be pressured into accepting less than you’re entitled to. That’s why it’s important to seek trusted legal representation as soon as you decide to make a claim. As experts in Kansas workers’ comp law, the team at Phalen Law is prepared to help you get the payout you deserve. Our talented attorneys know how to build a powerful case for compensation and to protect you against the malicious tactics of insurance companies. Call now toll-free or fill out our Free Case Evaluation form online to give us the details of your case.