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Kansas Workers Compensation Statutes of Limitations.

Posted by: Roger Riedmiller
November 15, 2006
Topic: Time Limitations in Kansas Workers Comp

In Kansas Workers Compensation cases, there are four time limitations that apply to each case.  These are what I call Statute of Limitations because they limit the time for you to take some action in your case and if you do not take the specified action in the time allowed, your case may be dismissed or lost. 

The first limitation is called the "notice requirement" which states that you have 10 days from the date of a work related injury to tell your superviser or an individual of appropriate authority that you suffered a work related injury.  This notice can be merely spoken and all it really has to do is alert the employer that you have suffered an on-the-job injury.  It can be given  by you or someone else on your behalf and it can come from your boss seeing the accident themselves and being aware of the injury from their own observations.  If you have good cause, you can extend that time to 75 days but don't try to do this without an attorney since what is considered good cause is subject to debate by many.  The method of counting days does not include weekends or legal holidays but don't rely on this either without an attorney because counting days  in dispute usually means that you are fighting with your employer of their insurance carrier.  There are other exceptions but just remember that sometimes when its your word against your boss as to what and when you said something about an injury, it is always best to have a witness and if it is your word against your boss, get an attorney as soon as possible since memories fade and waiting will only give your boss and witnesses more time to forget.

The second time limitation is the "timely written claim" requirement that says that you must give your employer a written claim that states your intent to pursue workers compensation benefits within 200 days of the accident or last date of benefits.  This requirement can be on a form provided by the State or in any writing that evidences your intent to pursue workers compensation benefits.  If your employer did what they were supposed to do when you told them about your accidental injury,  they reported it to the State, Department of Labor, who then sends you a claim form that has simple instructions for you to follow.  If the employer didn't do what they were supposed to do, that will extend your 200 days for up to a year.  If you don't get a claim form in the mail shortly after your accident, get one from the State or contact a lawyer who handles these types of claims and they will gladly provide you the form.  I know I have handed out hundreds of these forms over the years to persons seeking the form.  However, the State's form is not the only form you can use to prove this timely written claim requirement.  Any piece of paper from any source evidencing your intent to pursue these benifits can be used.  Just make sure if you use a form or letter expressing your intent to pursue a workers compensation claim that it clearly states that and you send it to the employer by certified mail with return receipt requested.  I always suggest that if you are having to do this, you should at least consult an attorney to be sure you are doing it right.

The next limitations period is the requirement that you must file your case with the Division of Workers Compensation with the State of Kansas by filing a form called "E-1" within 3 years of the date of the accident or 2 years from the last date compensation was provided to you.  Compensation can consist of the employer or their insurance company providing medical care or reimbursement for medical benefits and so forth.  You should never try to file your own case without at least consulting or hiring your own attorney because if you are still pursuing a claim after 3 years from an accident, the claim is probably complicated enough to warrant an attorney and you must file an "E-1" in the proper fashion with the proper authorities or you will lose all that you have waited on in your case.

The last limitation period I want to talk about in workers compensation claims in Kansas is the requirement that you have a final Regular Hearing in your case within 5 years of the date you filed your "E-1" in your case.  There are exceptions to this rule like being in active medical care and not at maximum medical improvement but those will probably be rare.  The Regular Hearing is the final trial of your case so be sure that your attorney knows that they need to have your trial within 5 years of the filing or the case will be dismissed.  If you have hired an experienced workers compensation lawyer, that should not be a problem.

There are of course other issues of timing in procedures in your workers compensation claims but these 4 listed above can cost you your claim so be sure to consult with an experienced attorney to avoid these time traps. 


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