KANSAS DIVISION OF WORKERS COMPENSATION - PowerPoint PPT Presentation

1 / 37
About This Presentation
Title:

KANSAS DIVISION OF WORKERS COMPENSATION

Description:

The Kansas Division of Workers Compensation employs full-time personnel who ... K-WC 25 Workers Compensation Information for Kansas Employers and Employees ... – PowerPoint PPT presentation

Number of Views:342
Avg rating:3.0/5.0
Slides: 38
Provided by: cca2
Category:

less

Transcript and Presenter's Notes

Title: KANSAS DIVISION OF WORKERS COMPENSATION


1
Kansas Division ofWorkers CompensationHelpful
Information for Employers
2
Employer 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.

3
Employer 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.

4
Workers 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)

5
Insurance 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

6
Insurance 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)

7
Election 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.

8
How 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

9
Residual 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

10
Premium 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

11
Premium Components(continued)
  • For additional information on premiums, contact
    the Kansas Insurance Department at
  • (800) 432-2484 or (785) 296-3071
  • www.ksinsurance.org

12
Verify Coverage
  • Workers compensation coverage information about
    Kansas employers is available on the coverage
    verification section of the KDOL Web site.

13
Required 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.

14
Reportable 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

15
Exclusive 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)

16
How 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)

17
How 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

18
Eligibility 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.

19
Eligibility 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.
20
Hearing 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
21
Medical 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
22
Who 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)

23
Who 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)

24
Who 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

25
Medical 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

26
Temporary 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)

27
Weekly 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.

28
Release 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.

29
Release 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

30
Web 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

31
Fraud 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.

32
Fraud 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

33
Coverage 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

34
Coverage 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.

35
Industrial 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.

36
Industrial 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.

37
Helpful 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
Write a Comment
User Comments (0)
About PowerShow.com