Legal Question in Workers Comp in Kansas

Re: Kansas Workmans Compenstation claim

You covered the 200 day window by filing your written claim 5 days after the accident. Did you get a receipt for the claim? Do you have a copy? The question is, if the company denies getting the written claim you filed, can you prove that you filed it? If you do not have copies and the company denies it, I have been successful, on occasion, using the doctor's reports to the company to show written claim. Also, if the company did not report the accident to the Division you have a year from the date of accident to file your written claim.

You need a lawyer immediately to do what is necessary to make your claim effective. If I can help, please call.

Re: Kansas Workmans Compenstation claim

Kansas law requires that you notify your employer of an injury within 10 days of the accident. There are some exceptions to this rule. In addition, the law requires that you serve written notice on the employer that you are entitled to receive Workers' Compensation benefits because of your injury. This is not the same as filling out an accident report at the jobsite. The "written claim" must be sent to the employer within 200 days of the date of the accident or date of last payment of compensation for disability or authorized medical care. This is normally done by certified mail, with a return receipt requested for confirmation of delivery. If you did not send a written claim, there may be other written documents such as doctor's notes or off-work slips that reached the employer that would constitute a written Claim for Compensation. If the employer did not file a Report of Accident, you have one year to file written claim. Contact an experienced workers' compensation attorney.