Kansas Workers’ Compensation Web Site FAQs

1. What is a compensable injury under the Kansas Workers Compensation Act?
2. When does an injury ‘arise out of’ a claimant’s employment?
3. When does an injury occur ‘in the course of’ a claimant’s employment?
4. Is an injury compensable if it happens on the way to or from work?
5. When is an injury to or from work compensable?
6. How long does a claimant have to notify his/her employer that he/she has suffered a workplace accident?
7. Are respondents responsible for medical treatment?
8. Can a respondent ever terminate medical treatment?
9. What is a full-time employee’s average weekly wage and how is it calculated?
10. What is a part-time employee’s average weekly wage and how is it calculated?
11. Does a respondent receive any credit for a claimant’s prior injuries?
12. Does a respondent receive any credit for retirement and disability payments received by a claimant?
13. How many weeks of PPD benefits are claimants with scheduled injuries entitled to?
14. How are PPD benefits calculated for a scheduled injury?
15. What are the statutory caps for workers compensation injuries in Kansas?
16. What is a claimant’s task loss and how is it calculated?
17. What is a claimant’s wage loss and how is it calculated?
18. What happens if a claimant’s injury results in death?
19. What happens if a claimant is injured but suffers additional complications?
20. What happens if a respondent fails to file an accident report?
21. What happens if a workplace injury aggravates the claimant’s pre-existing psychological condition?
22. What happens if a respondent fails to file an accident report?
23. How is the date of accident calculated with repetitive trauma injuries, i.e. carpal tunnel?
24. Is a claim compensable if an employee tests positive for drugs?

1. What is a compensable injury under the Kansas Workers Compensation Act?
To establish a compensable injury under the Kansas Workers Compensation Act, the claimant must prove he or she suffered: (1) Personal Injury; (2) by accident; (3) arising out of the employment; and (4) in the course of the employment. K.S.A. § 44-501(a). BACK TO TOP

2. When does an injury ‘arise out of’ a claimant’s employment?
The phrase ‘arising out of’ as found in the Kansas Workers Compensation Act relates to the nature, conditions, obligations and incidents of the claimant’s employment. Hence, an injury “arises out of” a claimant’s work if a rational mind can connect the injury to any of these factors. BACK TO TOP

3. When does an injury occur ‘in the course of’ a claimant’s employment?
Under the Kansas Workers Compensation Act, the element ‘in the course of’ is satisfied if the claimant suffers the injury while at a worksite. BACK TO TOP

4. Is an injury compensable if it happens on the way to or from work?
With certain exceptions, the Kansas Workers Compensation Act under the “going and coming” rule, excludes injuries sustained by a claimant on the way to and from work – these injuries are not compensable. K.S.A. § 44-508(f). BACK TO TOP

5. When is an injury to or from work compensable?
This issue is fact intensive, but generally as exceptions to the “going and coming” rule, the Kansas Workers Compensation Act allows injuries sustained while a claimant is on the way to or from work if the claimant: (1) is on the respondent’s premises, (2) is on a special errand or (3) is on the only way to the respondent’s work site, when the route exposes the claimant to special risk or hazards and is not used by the public. BACK TO TOP

6. How long does a claimant have to notify his or her employer that he or she has suffered a workplace accident?
Under the Kansas Workers Compensation Act, a claimant must provide notice of the time, place and particulars of the accident to the employer within 10 days, excluding Saturdays, Sundays and holidays. However, if the claimant can demonstrate "good cause" for delaying notice, this period can be extended to 75 days. K.S.A. § 44-520.

The claimant must also serve a written claim for compensation on the respondent within 200 days of the date of accident, or in cases where compensation payments have been suspended, within 200 days of the last payment of compensation. In death cases, written claim must be served within one year if the death occurs within five years of the accident. K.S.A. § 44-520a. BACK TO TOP

7. Are respondents responsible for medical treatment?
A respondent under the Kansas Workers Compensation Act has the duty to provide medical treatment, which is reasonably necessary to treat, cure and relieve the claimant’s injury. K.S.A. § 44-510h(a). However, a respondent has the right to direct medical care, including selecting the claimant’s treating physician. The claimant may request a change of physician, if he or she demonstrates the services of the authorized treating physician are unsatisfactory. K.S.A. § 44-510h(b)(1). The claimant is also entitled to up to $500.00 in unauthorized medical expenses, to be paid by the respondent, as long as this medical expense was not used to obtain an impairment rating. K.S.A. § 44-510h(b)(2). BACK TO TOP

8. Can a respondent ever terminate medical treatment?
The Kansas Workers Compensation Act places no limit on the amount of medical expenses incurred in treating a workplace injury. In addition, future medical benefits may remain open after the conclusion of a case. Where these benefits are left open, there is no time limit. The claimant essentially has future medical benefits for life as long as he or she can establish that the requested medical treatment is a natural and probable consequence of the original injury. BACK TO TOP

9. What is a full-time employee’s average weekly wage and how is it calculated?
Under the Kansas Workers Compensation Act, the claimant's earnings during the 26 weeks preceding the accident are used in determining his gross average weekly wage. K.S.A. § 44-511. The method for calculating the average weekly wage of full-time employees is to first identify the employee’s regular hourly wage and then multiply it by the number of hours the employer was hired to work per week. Fringe benefits are not included in the calculation of the claimant’s average weekly wage if the claimant continues to receive them. K.S.A. § 44-511(a)(2). However, if the employee loses his or her fringe benefits, then the weekly value of such benefits is added to his or her gross average weekly wage. Bonuses are generally considered part of the average weekly wage.

A claimant’s compensation rate is figured by multiplying his or her average weekly wage by 66 2/3%. The maximum compensation rate is 75% of the state's average weekly wage, and is adjusted July 1 of each year. The date of accident controls which year's maximum rate applies. The following table sets forth the maximum weekly benefits depending on the date of accident:

10. What is a part-time employee’s average weekly wage and how is it calculated?
To determine a part-time employee’s average weekly wage under the Kansas Workers Compensation Act, the proper method is to simply add claimant’s total wages during that period and divide by the number of weeks worked up to a maximum of 26 weeks. BACK TO TOP

11. Does a respondent receive any credit for a claimant’s prior injuries?
The Kansas Workers Compensation Act allows a claimant to recover for the aggravation of a preexisting condition to the extent that the work-related injury causes increased disability. Therefore, under the Act any award of compensation shall be reduced by the amount of functional impairment determined to be preexisting. K.S.A. § 44-501(c). For this credit to be applicable, the preexisting functional impairment must be to a part of the body also affected by the current injury. BACK TO TOP

12. Does a respondent receive any credit for retirement and disability payments received by a claimant?
A respondent may also be entitled to a credit for retirement benefits the claimant is receiving, but the claimant is still entitled to at least his or her functional impairment. K.S.A. § 44-501(h). However, the affect of the credit will differ depending on whether permanent partial disability benefits or permanent total disability benefits are being paid. BACK TO TOP

13. How many weeks of PPD benefits are claimants with scheduled injuries entitled to?
The Kansas Workers Compensation Act at K.S.A. 44-510d sets the maximum weeks of PPD compensation for scheduled injuries as follows:

14. How are PPD benefits calculated for a scheduled injury?
Under the Kansas Workers Compensation Act, benefits for scheduled injuries are figured based upon the body part affected, the impairment rating, the claimant’s average weekly wage and the number of weeks of TTD benefits previously paid. For example, a ten percent functional impairment to the forearm, where ten weeks of TTD were paid, would entitle the claimant to an award of 19 weeks of PPD. The PPD rate is determined as 66 2/3% of the gross average weekly wage at the time of the accident, subject to the maximum rate. Thus, if the claimant's average weekly wage was $400.00, the compensation rate would be $266.68. The claimant in this example would be entitled to 19 weeks of PPD at $266.68 per week, totaling $5,066.92.
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15. How are benefits calculated for functional impairment in a general body claim?
Under the Kansas Workers Compensation Act, computation of an award for functional impairment with a general bodily injury is determined in essentially the same way as for scheduled injuries, except that the first 15 weeks of TTD may not be deducted. Thus, if a worker earning $400.00 per week sustains a back injury, resulting in 25 weeks of TTD and a 10 percent functional impairment rating to the body as a whole, his or her compensation would be computed as follows:

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16. What are the statutory caps for workers compensation injuries in Kansas?
The Kansas Workers Compensation Act sets a cap on benefits for a functional impairment only Award at $50,000.00. K.S.A. 44-510f(a)(4). For general bodily disabilities, including work disability, the cap is $100,000.00, including TTD and TPD paid. K.S.A. § 44-510f(a)(2). Finally for permanent total disability awards, the cap is $125,000.00, including TTD and TPD. K.S.A. § 44-510f(a)(1). BACK TO TOP

17. What is a claimant’s task loss and how is it calculated?
Under the Kansas Workers Compensation Act, a claimant’s task loss represents the percentage of tasks the claimant can no longer perform based upon the tasks he or she performed over his or her pervious 15-year work history. In figuring a claimant’s task loss, usually a claimant will meet with a vocational rehabilitation expert, who will determine the tasks performed by the claimant over his or her 15-year work history. A physician will then review the list and determine which tasks a claimant can no longer perform. BACK TO TOP

18. What is a claimant’s wage loss and how is it calculated?
Under the Kansas Workers Compensation Act, wage loss is determined by dividing claimant’s post-injury wage by the claimant’s pre-injury wage. The focus in figuring wage loss is on the claimant's actual post-injury wage, rather than on the claimant's ability to earn a wage. However, if the Administrative Law Judge or Board determine that the claimant failed to make a “good faith” effort to find employment after his or her injury, it can impute a wage.

For example, if a claimant had a pre-injury gross average weekly wage of $500.00, could not be accommodated by the respondent, but fails to make a good faith effort to find appropriate employment, the court may impute a wage. If the court imputed the wage of $6.00 per hour, this would amount to a post-injury wage of $240.00, for a wage loss of 52%. BACK TO TOP

19. What happens if a claimant’s injury results in death?
The Kansas Workers Compensation Act provides for a $5,000 burial allowance and an initial payment of $40,000.00 to a surviving legal spouse or a wholly dependent child or both upon the death of an employee. After that initial payment, dependents are entitled to weekly benefits in the same amount as the worker would have been entitled to receive in the event of any other injury. The maximum amount of death benefits, including the initial $40,000.00 payment, is $250,000.00, unless payments are made to a minor child. A minor child continues receives benefits until he or she reaches 18 years of age at which time payments terminate. Hence, a young child, who begins receiving benefits due to the death of a parent could receive benefits in excess of the statutory cap. If an employee leaves no dependents, the statute provides for a $25,000.00 lump-sum payment to the employee’s heirs. BACK TO TOP

20. What happens if a claimant is injured but suffers additional complications?
Under the “directly traceable” rule as developed by the Kansas Courts, every direct and natural result of an initial injury is compensable, even a new and distinct injury, if it is the direct and natural result of the primary injury. BACK TO TOP

21. What happens if a workplace injury aggravates the claimant’s pre-existing psychological condition?
The Kansas Workers Compensation Act does not cover psychological injuries unaccompanied by physical injuries. However, if a psychological injury results from a work-related physical injury, the psychological injury will be compensable. Similarly, if a physical injury causes an aggravation of a preexisting psychological injury, the psychological aggravation may be compensable. BACK TO TOP

22. What happens if a respondent fails to file an accident report?
K.S.A. 44-557(c) of the Kansas Workers Compensation Act states that "[n]o limitation of time in the workers compensation act shall begin to run unless a report of the accident as provided in this section has been filed with the office of the director if the injured employee has given notice of accident as provided by K.S.A. 44-520...” K.S.A. 44-534a(b) provides that "[n]o proceeding for compensation shall be maintained under the workers compensation act unless an application for hearing is on file in the office of the director within three years of the date of the accident or within two years of the date of the last payment of compensation, whichever is later." BACK TO TOP

23. How is the date of accident calculated with repetitive trauma injuries, i.e. carpal tunnel?
This is a fact intensive issue, but generally under the Kansas Workers Compensation Act four events mark the date of accident for repetitive trauma injuries: (1) the day an authorized physician takes the claimant off work, (2) the date the claimant gives written notice to the respondent, (3) the date the claimant is informed that his or her injury is work related in writing, and (4) if none of the above dates works under the facts, a date determined by the ALJ. K.S.A. 44-508(d). BACK TO TOP

24. Is a claim compensable if an employee tests positive for drugs?
The Kansas Workers Compensation Act absolves employers of liability for injuries that are "contributed to by the employee’s use or consumption of alcohol or any drugs, chemicals or any other compounds or substances." The Act creates a presumption of impairment for concentrations "at or above the levels shown" for the following drugs:

*Specimen must also contain amphetamine concentration of at least 2000 ng/ml.

However, pursuant to K.S.A. 44-501(d)(2), the results of a chemical test are not admissible to show impairment unless the following six factors are fulfilled:

(A) There was probable cause to believe that the employee used, had possession of, or was impaired by the drug or alcohol while working;

(B) the test sample was collected at a time contemporaneous with the events establishing probable cause;

(C) the collecting and labeling of the test sample was performed by or under the supervision of a licensed health care professional;

(D) the test was performed by a laboratory approved by the United States department of health and human services or licensed by the department of health and environment, except that a blood sample may be tested for alcohol content by a laboratory commonly used for that purpose by state law enforcement agencies;

(E) the test was confirmed by gas chromatography-mass spectroscopy or other comparably reliable analytical method, except that no such confirmation is required for a blood alcohol sample; and

(F) the foundation evidence must establish, beyond a reasonable doubt, that the test results were from the sample taken from the employee.

Although it is a standard operating procedure for some employers to administer a drug test after all work-related accidents, it is important to note that the results of such tests are not admissible to show the worker was intoxicated unless there was also probable cause for administering the test.

In 2005, the Kansas Legislature amended K.S.A. 44-501(d), and thereby broadened what qualifies as probable cause. Under the amendment probable cause is satisfied if: the testing was done as a result of an employer mandated drug testing policy, put in place in writing prior to the date of accident, it was conducted in the normal course of medical treatment of the injured worker and not done at the employer’s direction; the worker gave prior written consent to submit to testing following any accident requiring medical treatment for the worker; or the test was done as a result of federal or state law or regulation. If an accident occurs after 2005 and any of the above situations are the underlying reason for a drug and alcohol test, then the probable cause requirement is satisfied.

In addition, a sample collected from an injured worker will not be admissible unless the respondent can prove that a proper chain of custody was maintained, thus ensuring the integrity of the sample. BACK TO TOP