Gov. Brownback just signed into law significant
changes in the Kansas Workers’ Compensation Act. These changes will be
effective on May 15, 2011, and will apply to all injuries occurring
after that day. Most of the changes are adverse to injured workers,
especially older workers who may have preexisting conditions. As your
Union attorneys, we are trying to provide this information to Union
members before the law changes.
Some of the major changes are summarized below:
1. Notice of injury. Most injuries will need to be
reported within 30 days of the accident. However, different rules
apply if you see a physician for your injuries and/or if your injuries
are from repetitive trauma. Different rules may also apply if you are
laid off, quit or are fired. In many cases the time to report an
injury may be reduced to 20 days.
2. Prevailing Factor. One of the biggest changes
in the law is the new requirement that your work injury be the
“prevailing factor” in your injury or disability. No longer will
injuries be deemed work related just because work played a part in the
condition. This will really affect aggravations of preexisting
conditions. Any condition you have as of May 15, 2011, could be
considered a preexisting condition. If you have such a condition that has
been aggravated by work, you should file a claim before May 15, 2011.
3. Future Medical. Future medical benefits will not
automatically be left open on claims after May 15, 2011.
4. New definition of accident. The new law
redefines what types of injuries are considered work related. This is
mainly done by listing different kinds of conditions that will no
longer be considered work related injuries. Although we will challenge
these provisions in court, if you are having problems now, it would be
best to file your workers compensation claim before May 15, 2011.
If you are having physical problems that you think
were caused or made worse by work, you should most likely file a
workers compensation claim before May 15, 2011. Contact us at
316-262-6800 to schedule a free consultation.
These are highlights of the changes made by the
legislature. We will be providing more detailed information but this
will not probably happen until after May 15. Please have anyone who
thinks they have workers compensation issues contact us for a free
consultation, before May 15, so they may make an informed decision as
to what action they should take.
