KANSAS DIVISION OF WORKERS COMPENSATION

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Kansas Division ofWorkers CompensationHelpful
Information for Employers
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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.

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Employer Unit Contacts

• Contact the Employers Services Unit by calling
  toll free - [phone] or
  
• direct dial - [phone] 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.

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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)

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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
  

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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)
  

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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.

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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
  
• [phone] or [phone]
• The Division of Workers Compensation for
  information on self-insurance
  [phone].
  
• Kansas Assigned Risk Plan

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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 [phone] or visit
  www.ncci.com

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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

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Premium Components(continued)

• For additional information on premiums, contact
  the Kansas Insurance Department at
  
• [phone] or [phone]
• www.ksinsurance.org

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Verify Coverage

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

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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.

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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

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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)

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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)

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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

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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.

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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.
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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
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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
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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)

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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)

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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

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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

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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)

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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.

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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.

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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

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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

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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 [phone]
  or [phone] or e-mailed to
  wcfraud_at_dol.ks.gov.

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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 [phone].
• www.ksinsurance.org
• K.S.A. 44-5,120

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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

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Coverage and Compliance(continued)

• For assistance, please call
• [phone] or [phone] or
• e-mail wccompliance_at_dol.ks.gov
• Additional information also is found on our Web
  site.

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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.

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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 [phone] or
• e-mail indsafetyhealth_at_dol.ks.gov.
• Additional information is available on our Web
  site.

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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