Workers Compensation in Wichita, KS
You aren’t alone if you ask “How does workers comp work?” Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by Kansas state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Wichita, KS workers’ compensation insurance, and how the process works.
Workers Compensation Statistics in Wichita, Kansas?
The Kansas Department of Labor reported that Kansas’s nonfatal occupational injury and illness rate was significantly above the national rate. Moreover, the nursing & residential care facilities sector had one of the highest rates of nonfatal injury in Kansas. In fact, the healthcare & social assistance industry alone accounted for 20% of all workplace incidents. Employment growth in Wichita is the highest in its healthcare industry. This could lead to higher rates of injury when compared to nearby cities.
How Does Workers Comp Work in Wichita, Kansas?
Unfortunately, going through the process of applying for workers’ compensation begins with getting sick or injured on the job. The circumstances surrounding the incident that led to your problems are especially crucial. For example, the injury had to occur during your regular work duties. While an event that happens during your lunch break wouldn’t apply, getting into a car accident while running an errand for your boss would qualify for a claim.
Under Kansas law, virtually all public and private employers with a payroll exceeding $20,000 must carry workers’ comp insurance. Consequently, every Wichita employee should be covered, starting on the first day of employment. Exceptions include realtors and certain agricultural workers. If injured, employees can seek benefits such as medical care, temporary total disability, and permanent total disability. Although PTSD is covered in other states, mental injury in Kansas is only compensable if caused by physical injury.
For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.
The steps you take immediately following a workplace incident in Wichita, KS are critical for the purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay seeking help from a Wichita, KS healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process. Having a proper medical report detailing the extent of the damage and how it occurred is the first step in the process. Your employer cannot file a claim with their insurance carrier without this information.
When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. Your doctor may make the determination that the illness is either the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
The first report of an on-the-job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received, and the facilities that provided it. It’s always a good idea to bring a copy of the doctor’s report to submit with the report of injury.
Kansas law stipulates an injured employee must notify the employer within 20 days of the accident, or risk losing benefits. The employer must file the First Report of Injury within 28 days of notification. An injured worker has 2 years from the date of the accident to file a claim. For Wichita residents, there is a Kansas Workers Compensation Division office at 266 North Main Street.
Timeline and Other Information
In Kansas, temporary total disability benefits are not paid during the first seven days of lost time. If you are off work for 21 days or more, the first 7 days will be paid. Regarding medical benefits, the carrier has the right to select the treating doctor. However, a worker may see an unauthorized doctor up to a limit of $500.00. Moreover, a worker in Kansas may apply to the Workers Compensation Director to change the authorized treating doctor.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.
Why You Should Hire a Wichita, Kansas Workers’ Compensation Lawyer
While workers’ compensation claims may be straightforward for some cases in Wichita, Kansas, in others it may be more difficult. For example, your employer may decide to question whether you were hurt on the clock or on your own time. It’s also common for a company to question the full extent of your injury. Hiring a Wichita workers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.
Work With an Experienced Local Lawyer In Wichita, Kansas
If you are hurt or contract an illness as a result of your job in Wichita, KS you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
