In April 2024, the Kansas governor signed a new workers’ compensation law that went into effect in July 2024. This bill was titled Senate Bill 430.
The main changes made by this law include:
- Increasing the total workers’ comp benefits for the first time since 2011
- Decreasing Social Security retirement benefit deductions for permanent disabilities
- Making adjustments to clarify existing workers’ comp laws and streamline the claims process
- Extending workers’ compensation coverage to members of the Kansas National Guard
In this blog, we explain in simple language the changes from previous workers’ comp laws that are directly relevant to you as a claimant. Further on, we also provide short, simple answers to a few common workers’ compensation questions.
Changes to workers’ compensation law from the SB 430 bill
Increases in lifetime benefit caps
SB 430 raises the maximum lifetime amount of compensation you can receive for any disability that results from a workplace injury or illness.
It also raises the maximum lifetime amount your loved ones can receive in the event of your death.
These changes are as follows:
| Benefit cap before July 2024 | Benefit cap from July 2024 | |
| Death | $300,000 | $500,000 |
| Permanent total disability | $155,000 | $400,000 |
| Temporary total disability | $130,000 | $225,000 |
| Permanent partial disability | $130,000 | $225,000 |
| Temporary partial disability | $130,000 | $225,000 |
| Functional only | $75,000 | $100,000 |
Beginning on July 1 2027, these maximum lifetime benefit caps will increase every year by a 5-year average of the percentage change in the state annual weekly wage.
For example, let’s say the 5-year percentage change in the state annual weekly wage from 2023-2027 is 1%. In that case, the maximum lifetime permanent total disability benefit in 2028 will also rise by 1%, increasing from $400,000 to $404,000.
Minimum weekly benefit payment
The minimum weekly workers’ compensation benefit payment amount has increased from $25 to $50.
Time to notify your employer
If you plan to claim workers’ comp following a workplace injury or illness, you must first notify your employer of the incident.
You must do this within a certain number of days. However, SB 430 gives you more time to do so.
This increases are as follows:
| Time limit before July 2024 | Time limit from July 2024 | |
| From the date of your accident, or the statutory date of injury for repetitive trauma (e.g. carpal tunnel syndrome) | Within 20 days | Within 30 days |
| After your last day of employment if you no longer work for the employer | Within 10 days | Within 20 days |
Healthcare reimbursements from your employer
If your employer requires you to seek a medical opinion from a healthcare provider outside the town or city where you live, they must now reimburse you for ‘reasonable expenses’.
The bill also increases the amount your employer must provide each day to help you pay for meals in this situation from $15 to $30. Your employer will still provide money for transportation.
Similarly, when you consult a healthcare provider for examination, diagnosis, or treatment without prior application or approval, SB 430 increases the amount of medical charges your employer is liable to cover from $500 to $800.
Post-award medical benefits
Previously, your employer’s liability for your medical benefits would typically end once you reach maximum medical improvement.
Under SB 430, your employer would still be liable under the following conditions:
- You’ve undergone invasive or surgical procedures, or an authorizing treating healthcare provide recommends you’ll need one in the future, and there’s evidence that ‘it’s more probably true than not’ that you’ll need future medical treatment after reaching maximum medical improvement
- There’s ‘clear and convincing evidence’ that you’ll need future medical treatment
Retirement benefit calculation
Before SB 430 came into effect, your weekly workers’ comp disability benefits would have been deducted from your Social Security retirement benefits.
This is still the case for temporary total and temporary partial disability benefits. But for permanent partial or permanent total disability benefits, only 50% of the weekly equivalent amount is now deducted.
Death benefits for children
With regard to death benefits, SB 430 replaces the term ‘minor child’ with ‘wholly dependent child’.
It goes on to clarify that workers’ compensation death benefits will be paid to a wholly dependent child until the latest of the following dates:
- If the child isn’t enrolled in high school: Their 18th birthday
- If the child is enrolled in high school: May 30 of their senior year in high school or until their 19th birthday, whichever comes first
- If the child is a student enrolled fulltime in an accredited institution of higher or vocational education: Their 23rd birthday
Removal of hearing extension limitation
Under previous law, you couldn’t receive a grant of extension for a claim that hadn’t proceeded to a regular hearing, settlement hearing, or agreed reward within three years of making your claim.
SB 430 removed this limitation for claimants who haven’t yet reached maximum medical improvement.
Kansas National Guard
If you’re a member of the Kansas National Guard, you’re now entitled to claim benefits under workers’ comp.
Your benefits will be calculated using your current military earnings as your average weekly wage.
However, any federal benefits that you or your dependent receive for a wound, injury, disease, illness, or death will be deducted from your workers’ comp benefit amount.
Workers’ compensation FAQ
What is workers’ compensation?
Workers’ compensation is a type of insurance held by your employer.
If you sustain an injury or illness caused by somebody else’s negligence while performing your work duties, workers’ comp provides financial compensation for:
- Medical care
- Ongoing care
- Lost wages
- Disability benefits
- Death benefits
- Funeral costs
Most businesses in Kansas are required by law to carry workers’ comp insurance. So whether you’re a full-time, part-time, or seasonal employee, you’re most likely covered from your first day on the job.
When should you hire a workers’ comp lawyer?
It’s recommended that you contact an experienced workers’ comp lawyer the moment you decide to file a workers’ comp claim.
You may be tempted to handle your claim yourself to avoid paying legal fees. But without a detailed knowledge of workers’ comp law in Kansas, you’re likely to win a lot less than you otherwise would have. And that’s if your employer and their insurance company don’t deny your case outright.
Phalen Law has more than 50 years’ experience fighting and winning workers’ compensation claims for people like you throughout Kansas. We guide you through the complex claims process, gather evidence and file paperwork on your behalf, and help you build the strongest possible case. That way, you can get the full compensation you deserve while focusing on a relaxed recovery.
Keep Reading: When to Hire a Workers’ Comp Lawyer
How to file a workers’ comp claim in Kansas
You must notify your employer of your work-related injury and desire to claim workers’ comp benefits orally or in writing by the earliest of:
- 30 days from the date of your accident (or the statutory date of injury for repetitive trauma)
- 20 days from the date you seek medical treatment if you’re still working for your employer
- 20 days from the last date you worked for your employer if you’re no longer employed by them
Your employer is then responsible for filing a report with the director of the workers’ compensation division within 28 days.
Once they do, your workers’ comp claims process will begin. This may involve undergoing medical examinations, providing evidence of negligence, and presenting your case in court.
For a smooth and simple workers’ comp process that wins you as much compensation as possible, hire a specialist attorney from Phalen Law.
Useful resources for workers’ compensation in Kansas
To help you fully understand and prepare for your workers’ comp claim, we’ve created a library of helpful resources. Read the following for more information:
- How Are Workers’ Compensation Benefits Calculated in Kansas?
- Do You Qualify for Workers’ Compensation Benefits in Kansas?
- How to Survive the Workers’ Comp Process
- How Long Do Workers’ Comp Settlements Take?
- Actions to Avoid While Applying for Workers’ Compensation
While reading, please bear in mind the new changes to workers’ comp law from SB 430.
Reach out to Phalen Law for a simple claims process
Workers’ compensation is designed to support and protect you when you’re at your most vulnerable. But the process of making a claim is difficult, and without expert legal representation you may receive a lot less than you expect.
If you intend to file a workers’ comp claim, reach out to the talented attorneys at Phalen Law. Our small, passionate group of trial lawyers is dedicated to ensuring a smooth, stress-free claims process that gets you the compensation you deserve. That means you can stop worrying about making ends meet and focus on your recovery.
For a free, no-obligation consultation, call now or fill out our Free Case Evaluation form online today.
