Legal Question in Workers Comp in Kansas

written claim

I am geting work comp payments due to a job injery. I was sent a letter by mail , from the state labor board, that I had to have my employer sign a form sent to me. The form was a written claim for workmans comp. This form has a time limit to be signed. Its just a form informing my employer that I filed a claim and I was letting them know. My employer has refused to sign it. They already new I was hurt and they had filed an injery report to the Ins. which I am receaving payment for and treatments. So my question is what do I do?


Asked on 7/02/09, 11:41 am

2 Answers from Attorneys
Rian Ankerholz Ankerholz and Smith

Re: written claim

There are numerous rules and exceptions to the rules regarding a written claim for compensation. Some of them are decribed on the form you received from the State of Kansas. In order to be sure you preserve your rights, you should seek advice and representation from an experienced Kansas workers' compensation lawyer.

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Answered on 7/02/09, 11:58 am
Jim Wisler James L. Wisler Law Offices

Re: written claim

The employer, and its insurance carrier, are horsing you around. It is legally required to sign and acknowledge receipt of that form. The law requires you to give your employer WRITTEN notice of your injury within 200 days of the accident or your last receipt of benefits (medical treatment or TTD). That is the purpose of the form. I suggest you mail it, certified mail, to your employer with a copy to the insurance carrier and to the division of Workers Compensation. Keep the green card you get back from the POst Office and a copy of what you sent. You may need it later to prove employer got it.

I also recommend you hire an attorney to represent you. This company is horsing you around. Attorney fees in Kansas workers compensation are set by state law at 25% of what is collected. You will be money ahead to hire an attorney to deal with the company and its insurance. Feel free to contact me if you have any questions.

Good luck.

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Answered on 7/02/09, 12:11 pm


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