Title: KANSAS DIVISION OF WORKERS COMPENSATION
1Kansas Division ofWorkers CompensationHelpful
Information for Employers
2Employer Unit
- The Kansas Division of Workers Compensation
employs full-time personnel who specialize in
aiding employers in complying with Kansas Workers
Compensation laws, rules and regulations. The
unit provides technical assistance, as well as
presentations and training in this area.
3Employer Unit Contacts
- Contact the Employers Services Unit by calling
toll free - (800) 332-0353 or
- direct dial - (785) 296-2996 or
- e-mail wcemployerservices_at_dol.ks.gov.
- For more information, refer to the Workers
Compensation Information for Kansas Employers and
Employees handbook (K-WC 25) or visit
www.dol.ks.gov.
4Workers Compensation Insurance
- Workers Compensation is an insurance plan
provided by the employer to pay employee benefits
for job-related injuries, disability or death.
- Coverage begins the first day on the job.
- Coverage is regulated by K.S.A. 44-505
(Application of Act) and K.A.R. 51-11-6
(Computing Payroll for Corporations)
5Insurance Coverage Exceptions
- Some employers may be exempt from obtaining
coverage
- Certain agricultural pursuits
- Realtors who qualify as independent contractors
- Employers with gross annual payroll of 20,000 or
less
-
6Insurance Coverage Exceptions(continued)
- Firefighters belonging to a firefighters relief
association which has waived coverage under the
workers compensation law
- Owner-operator vehicle drivers covered by their
own occupational accident insurance policy
- Partnerships
- Members of a Limited Liability Corporation (LLC
members)
7Election Information
- Certain employers or individuals may elect to be
subject to the Workers Compensation Act or elect
out of the Act. Refer to K-WC 138 for the various
election forms.
8How to Obtain Insurance
- Workers Compensation insurance coverage may be
obtained through
- A licensed insurance agent
- The Kansas Insurance Department for information
on group-funded pools
- (785) 296-3071 or (800) 432-2484
- The Division of Workers Compensation for
information on self-insurance
(785) 296-3606.
- Kansas Assigned Risk Plan
9Residual Market (Assigned Risk)
- Any employer who is entitled to but unable to
purchase coverage in the voluntary workers
compensation insurance market can obtain coverage
in the assigned risk plan. Assigned risk for
Kansas is operated by the National Council on
Compensation Insurance (NCCI) - To contact NCCI (800) 622-4123 or visit
www.ncci.com
10Premium Components
- Workers Compensation insurance premiums are
calculated on several factors. The primary
factors are
- Base rate starting point in calculating premium
- Classification code denotes the employers type
of business
- Experience rating identifies the employers
experience with frequency and severity of
compensation claims
- Payroll size
11Premium Components(continued)
- For additional information on premiums, contact
the Kansas Insurance Department at
- (800) 432-2484 or (785) 296-3071
- www.ksinsurance.org
12Verify Coverage
- Workers compensation coverage information about
Kansas employers is available on the coverage
verification section of the KDOL Web site.
13Required Forms
- Employers must post written notice (K-WC 40)
advising employees what to do in case of injury.
- Immediately upon learning of an employees injury
or death, the employer must furnish written
information (K-WC 27) to the employee or
employees dependents.
14Reportable Accidents Under K.S.A. 44-557
- If reportable, employers must file, or cause to
be filed, an accident report (K-WC 1101-A) with
the Division of Workers Compensation within 28
days from the employers receipt of knowledge of
the injury or death. Repeated failure to do so
may result in penalties. - K.S.A. 44-557
15Exclusive Remedy
- The exclusive remedy prohibits the employee from
filing a civil suit against the employer even if
there is negligence on the part of the employer
- K.S.A. 44-501(b)
-
16How the Process Works
- When an injury occurs, the worker is to notify
their employer within 10 days 75 days if there
is just cause.
- K.S.A. 44-520
- Immediately upon learning of an employees injury
or death, the employer must furnish written
information to the employee or employees
dependents. (K-WC 27) -
17How the Process Works (continued)
- The employer notifies its insurance carrier or
group-funded plan of the accident or injury.
- The Employers Report of Accident (K-WC 1101-A)
is filed with the Division within 28 days.
-
- K.S.A. 44-557
18Eligibility for Benefits
- For a claim to be compensable, the injury must
arise out of and be in the course of employment
K.S.A. 44-508(f)
- Arising out of points to the cause or origin of
the accident and proof of some causal connection
between the accidental injury and the
employment. - This means it arises out of the nature,
conditions, obligations and incidents of the
employment.
19Eligibility for Benefits(continued)
In the course of relates to the time, place and
circumstances under which the accident occurred.
This means the injury happened while the employe
e was at work in his or her employers service.
20Hearing Proceedings
When the parties cannot agree upon the workers
right to compensation under the Workers
Compensation Act, the injured party can apply for
a hearing before an Administrative Law Judge.
An application for hearing (K-WC E-1) must be
filed within three years of the date of accident
or within two years of the last payment of
compensation (monetary or medical), whichever is
later. K.S.A. 44-534
21Medical Benefits
An employer/insurance carrier is liable for
medical expenses which may be reasonably
necessary to cure and relieve the worker from the
effect of the injury. K.S.A. 44-510h
22Who Provides the Medical Treatment
- If eligible, the employer is required to furnish
all necessary medical treatment
- The employer/insurance carrier has the right to
designate the treating physician
- In certain situations the injured worker may
request a change of physician as per Kansas
Statute 44-510h(b)(1)
23Who Provides the Medical Treatment(continued)
- If the claim is not being denied as a compensable
claim, a worker may seek the services of an
unauthorized doctor up to a limit of 500 for
examination, diagnosis or treatment, but the
visit can not be used to obtain a functional
impairment rating. - 44-510h(b)(2)
24Who Pays What?
- The insurance carrier, group funded pool or
self-insured employer pays
- Medical treatment (including prescriptions)
- Medical mileage (more than five miles round
trip)
- Travel and living expenses
- Disability benefits
25Medical Mileage
- The insurance carrier or self-insured employer
shall reimburse the worker for an amount
comparable to the mileage expenses provided in
K.S.A. 44-515 for approved medical services that
exceeds five miles round trip. -
- K.A.R. 51-9-11
26Temporary Total Benefits
- Temporary total disability is two-thirds of the
average weekly wage, not to exceed the state
maximum in effect at the time of injury
- Benefit Rates
- Current and Historic Benefit Levels
-
- K.S.A. 44-510c(b)(1)
27Weekly Benefits
- Benefits are paid by the employers insurance
carrier, group funded pool or self-insurance
program.
- 7-Day waiting period Injured workers are not
entitled to compensation for the first seven days
they are off work, unless they lose three
consecutive weeks.
28Release of Medical Records
- The patient privilege preventing the furnishing
of medical information by doctors and hospitals
is waived by a worker seeking workers
compensation benefits. -
- All reports, records and data concerning
exams/treatment shall be furnished to employer or
insurance carrier without the necessity of a
release by the worker.
29Release of Medical Records(continued)
- Unreasonable refusal by a worker to cooperate may
result in compensation being denied or
terminated.
- K.A.R. 51-9-10
30Web Site Forms
- K-WC 40 Required Posting Notice
- K-WC 25 Workers Compensation Information for
Kansas Employers and Employees
- K-WC 27 Injured Worker Informational
- K-WC 270 Información Sobre
-
- K-WC 15 Written Claim Form
31Fraud and Abuse
- The Division of Workers Compensation and the
Kansas Insurance Department have units dedicated
to the investigation of fraudulent or abusive
acts with regard to the Workers Compensation
Act. - Alleged violations of the Workers Compensation
Act should be reported to (785) 296-6392
or (800) 332-0353 or e-mailed to
wcfraud_at_dol.ks.gov.
32Fraud and Abuse(continued)
- Complaints against an insurance company, or
person/entity regulated by the Kansas Insurance
Department, regarding the handling of a workers
compensation claim should be made to (785)
296-3071 or (800) 432-2484. - www.ksinsurance.org
- K.S.A. 44-5,120
33Coverage and Compliance
- The Compliance Unit monitors and assists
employers to ensure they fulfill two requirements
under the Workers Compensation Act
- 1. To secure workers compensation benefits by
way of providing insurance coverage for
employees
- 2. To file written reports of alleged work
accidents
34Coverage and Compliance(continued)
- For assistance, please call
- (785) 296-6767 or (800) 332-0353 or
- e-mail wccompliance_at_dol.ks.gov
- Additional information also is found on our Web
site.
35Industrial Safety Health Programs
- Consultation Offers assistance to private
sector employers in safety and health program
evaluations.
- Public Sector Compliance Monitors the public
sector cities, counties, state agencies and
school districts by performing compliance
audits. - Accident Prevention Evaluates insurance
companies to ensure that they are offering safety
and health services to their insureds as required
by law. -
36Industrial Safety Health Programs(continued)
- Boiler Safety Inspections Performs periodic
state-certified regular and special inspections
of all boilers private and public as required
by law. - Safety Health Conference Annual conference
addresses the relevant safety issues in a variety
of workshops and presentations.
-
- For assistance, please call (785) 296-4386 or
- e-mail indsafetyhealth_at_dol.ks.gov.
- Additional information is available on our Web
site.
37Helpful Web Sites
- Kansas Department of Labor
- www.dol.ks.gov
- Kansas Insurance Department
- www.ksinsurance.org
- National Council on Compensation Insurance
- www.ncci.com
- Kansas Legislature
- www.kslegislature.org
-