In April, Kansas Governor Sam Brownback signed into law a comprehensive workers’ compensation reform bill after a nearly yearlong process during which business and labor groups reached a deal that gained unanimous passage in the Legislature. The Substitute for House Bill 2134, which is described as the first significant reform to Kansas workers’ compensation laws since 1993, raises the minimum for an incident to fall under the act, gives employers a credit for pre-existing conditions and raises benefit caps for injured workers, among other things.
Along with passage of the bill comes a new mandatory Workers Compensation Notice that employers are required to post in the workplace. Among other changes, the new notice now provides a claim may be denied if an employee fails to notify their employer within the earliest of:
- 30 calendar days from the date of accident or the date of injury by repetitive trauma;
- If the employee is working for the employer against whom benefits are being sought and the employee seeks medical treatment for any injury by accident or repetitive trauma, 20 calendar days from the date medical treatment is sought; or
- If the employee no longer works for the employer against whom benefits are being sought, 20 calendar days after the employee’s last day of actual work for the employer.
The poster also provides that notice may be given either orally or in writing, and identifies to whom notice must be given in each circumstance. In addition, it identifies the required content and sufficiency of the notice. This includes the time, date, place, person injured and particulars of the injury. It must also be apparent from the content of the notice that the employee is claiming benefits under the workers’ compensation act or has suffered a work-related injury.
The new poster identifies benefits available to claimants, including medical treatment, partial wage replacement and additional benefits in the event of permanent disability. One benefit is that the employer is required to furnish all necessary medical treatment, but the employer can choose the treating physician and the liability of the employer or its insurance carrier for unauthorized medical treatment is limited to $500.00.
The notice applies to injuries sustained at work on or after May 15, 2011. The Workers’ Compensation poster is printed in both English and Spanish.
Customers with a Kansas All-On-One poster dated 11/2009 or later can use the Kansas Workers’ Compensation Peel ‘N Post to remain in compliance, or purchase a new Kansas All-On-One poster that has all state and federal posting updates since 11/2009.