Legal Question in Workers Comp in Kansas

I was injured on the job yesterday by squatting down to perform a job duty when my knee popped. The work comp doc said he thought I tore the cartilage and I am now off work with crutches and a brace. My boss did file a claim and asked me if I would like to go to the doctor. I said yes. Before I left for the doctor he stated that "this wasn't really an accident, it was just your body and it may not be covered. You may have to do this on your own if we decide not to cover it". Can they decline work comp even though I was injured on the clock performing regular job duties and not being irresponsible or unsafe?


Asked on 10/16/10, 6:49 pm

1 Answer from Attorneys
Jim Wisler James L. Wisler Law Offices

Under Kansas Workers Compensation Law, your injury should be covered. What your boss said is an argument that employers have tried to use, but it generally does not work. Disputes in Workers Compensation cases go to an Administrative Law Judge upon application by you, the worker. Be careful how you describe the accident to doctor and employer. I would advise you get representation from an experienced Workers Compensation attorney in Kansas before you go too far.

Read more
Answered on 10/22/10, 5:56 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Kansas