When a person is hurt at work, the are two steps that the worker should immediately take to comply with Kansas law. The first is the notice requirement, which provides that you must give your employer notice of the injury within 10 days. This notice should be given to a supervisor. It can be a verbal notice. Whatever the nature of the injury, it should be reported.
Many workers are reluctant to notify their employer of a work injury. The worker may be afraid of some sort of adverse action by the employer. The worker may also believe that the injury is so minor that nothing should be said. Finally, some employees believe they should “tough it out” and not report work injuries.
First, it is against the law for an employer to retaliate against a worker who sustains a work injury and then reports it. Second, even if the injury seems minor at the outset, it should still be reported. Often injuries, especially so-called “soft tissue” injuries, do not immediately manifest themselves as being a serious condition. Sometimes, the required 10 days to give notice will have come and gone before the injured worker decides to seek medical treatment. Therefore, there is one rule that should govern: REPORT ANY INJURY NO MATTER HOW SLIGHT.
A second requirement under the law is that an injured workers must provide the employer with a written claim. This must be done within 200 days, which is slightly more than six months. Here is the link to the “official form” prescribed by the Kansas Division of Workers Compensation: http://www.dol.ks.gov/wc/html/kwc15%28Rev-02-06%29.pdf. Although the law does not require that this particular form be used, it is better practice to use this form in making the required written claim. Whatever form the written claim takes, either give it to the employer or send it by certified mail, AND KEEP A COPY FOR YOUR RECORDS.
Finally, a brief comment about medical treatment. It is the responsibility of the employer to provide medical treatment to an injured worker. Thus, the employer gets to select the physician. On the other hand, if the worker gives the required 10 day notice, and then the employer does nothing, the worker can select his or her own physician to provide treatment. The bills become the responsibility of the employer. This, in and of itself, is a good reason to remember to give immediate notice of any injury to the employer. Even if it is minor, give the notice, and get to a doctor to have the injury checked out by a professional.
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