Workers Compensation Division

Guides

Workers Compensation Information for Kansas Employers and Employees (K-WC 25) (English)

Workers Compensation Information for Kansas Employers and Employees (K-WC 250) (Spanish)

Workers Compensation Practice & Procedure Guide

Why Audited Financial Statements are Required (K-WC 309)

Information for Injured Employees (K-WC 27-A) (English)

Information for Injured Employees (K-WC 270-A) (Spanish)

Information for Self-Insured Employers on the Kansas Workers Compensation Act and Regulations (K-WC 1441)

Independent Contractor or Employee Fact Sheet (K-WC 126)

Employee Notification Forms Available Online (K-WC 530)

Assessment Information (K-WC 121)

Death Benefits Information (K-WC 140) (English)

Death Benefits Information (K-WC 140) (Spanish)

Self-Insurance Information (K-WC 144)

Forms

Neutral IME Professionals List.pdf (to download)

K-WC Form D (Rev. 11-16) - fillable

K-WC E-1 (11-18) fillable

K-WC E-3 (11-18) fillable

K-WC E-4 (11-18) fillable

Publications

Workers Compensation Laws and Regulations

Workers Compensation Rights and Responsibilities (K-WC 40-A)

Schedule of Medical Fees 2024(coming soon)

Order Form for Workers Compensation Publications

The Compliance Unit monitors and assists employers to ensure that employers fulfill two requirements under the Workers Compensation Act: the requirement to secure workers compensation benefits for employees, and the requirement to file reports of alleged work accidents. Failure to secure workers compensation benefits, and failure to report accidents, can result in monetary penalties against the employer or its coverage provider. Failure to secure workers compensation benefits can also result in closure of the business.

Generally, an employer in a non-agricultural business, with more than $20,000 , must secure workers compensation benefits for its employees. An employer can secure workers compensation benefits in one of three ways:

• By purchasing a Workers Compensation insurance policy
• By joining a group-funded Workers Compensation pool
• By qualifying as a self-insurer

Can employers elect in or out of coverage?

Elections in or out of the Workers Compensation Act are options available to employers or employees. Depending on the circumstances, options may be available for:

• Non-covered employers, those with payrolls of $20,000 or less or certain agricultural pursuits
• Corporate employees owning 10 percent or more of stock.
• Individuals, proprietors, or partnerships
• Employers seeking coverage for volunteers and other non-covered workers.
• Volunteer directors, officers, or trustees of a nonprofit organization.

Submitting election electronically in the OSCAR system is required by regulation. To submit a new election create an account.

For questions on Elections please contact KDOL.WCElections@ks.gov.

Which Kansas employers are excluded from Workers Compensation?

Employment categories excluded from the law are:

• Certain agricultural pursuits
• Realtors who qualify as independent contractors
• Firefighters belonging to a firefighter’s relief association which has waived coverage under the workers compensation law
• Sole proprietors, LLC members and partners (All other employees would need to be covered if payroll is greater than $20,000)
• Certain owner-operator vehicle drivers covered by their own occupational accident insurance policy

For information on Coverage and Compliance, please contact (785) 296-4000 (option 4) or kdol.wccompliance@ks.gov.

Enforcing Coverage Requirements

Fraudulent or Abusive Acts: Administrative and Criminal: As defined in K.S.A. 44-5,120(d) and 44-5,125. Examples of fraudulent or abusive acts include but are not limited to:

• Making false or misleading statements to obtain benefits
• Presenting a false certificate of insurance
• Submitting a charge for health care not furnished

The penalty for committing such acts:

• $2,000 civil penalty for each act of fraud or abuse
• Misdemeanor or felony criminal charges

Employer Failure to Secure Workers Compensation Insurance: In general, an employer with a payroll exceeding $20,000 must secure workers compensation coverage for its employees. The civil penalty for violating this provision is twice the annual premium or $25,000 , whichever is greater.

Employer Failure to Timely File Accident Report: Every employer has a duty to report employee accidents within 28 days if the injuries wholly or partially incapacitate the person for more than the day, shift or turn. For each repeated violations is a $250 civil penalty for each violation.

Verifying Coverage

The Workers Compensation Coverage Verification website provides public access to portions of the information reported by private workers compensation insurance carriers for use by the Kansas Department of Labor (KDOL). The accuracy of data from any third party cannot be guaranteed by KDOL, and KDOL is not responsible for the coverage information available through this link.

Coverage Usage Data

To interpret the chart below, the User Count is the number of times any user separately linked to the site in a given month. The Search Count is the number of times the user conducted an initial search. Employer Details Provided is the number of times the user clicks on a different link in the initial search results. Claims Processing Info Searches is the number of times the user clicks on a link to obtain contact information for the claims processor. Gaps in the counts are due to system upgrades or software update issues.

Usage data is obtained from the host of the Coverage Verification Service (CVS) search site. For assistance with verifying workers compensation coverage in Kansas, contact Workers Compensation Division.

• Analysis of Kansas Workers’ Compensation Indemnity Claims 2014-2017
• Workers Compensation Annual Report 2019
• Workers Compensation Annual Report 2020
• Workers Compensation Annual Report 2021
• Workers Compensation Annual Report 2022
• Workers Compensation Annual Report 2023
• Closed Claims Analysis - CY 2019
• Closed Claims Analysis - CY 2020
• Closed Claims Analysis - CY 2021
• Closed Claims Analysis - CY 2022

The Data, Systems and Statistics Unit is tasked with the development and implementation of technical processes, management of data and the retrieval and reporting of various kinds of information. The primary functions of the unit are to administer and provide support for the division’s Electronic Data Interchange (EDI) program, coordinate with KDOL Information Technology in the ongoing development, maintenance and enhancement of the database and the web application OSCAR, generate reports for departmental sections and units, respond to ad hoc research requests from internal and external customers and publish the department’s annual statistical report.

For questions, please contact (785) 296-4000 (option 8, then option 1) or (800) 332-0353.

Following a 1993 mandate from the Kansas legislature, the Fraud and Abuse Section was first staffed in January 1994. Its mission is to combat fraudulent or abusive acts and practices by employers, employees, and healthcare providers. This unit does not investigate misconduct by insurance carriers or agents. Instead, the Kansas Insurance Department addresses these complaints.

The section is responsible for the investigation of alleged violations of the Workers Compensation Act. Most of the fraud and abuse violations are listed under K.S.A. 44-532, K.S.A. 44-5,120, and K.S.A. 44-5,125. If a violation of the Act is discovered, the section is willing to pursue administrative remedies. In certain cases, the section may ask a county or district attorney to file criminal charges.

Identifying and prosecuting workers compensation fraud is a priority for Kansas. Per Kansas Law, an Assistant Attorney General is assigned to direct and assist in the investigation and prosecution of alleged fraudulent or abusive acts or practices.

Areas of Investigation

Fraudulent or Abusive Acts: Administrative and Criminal: As defined in K.S.A. 44-5,120(d) and 44-5,125 – examples of fraudulent or abusive acts include but are not limited to:

• Making false or misleading statements to obtain benefits
• Presenting a false certificate of insurance
• Submitting a charge for health care not furnished

The penalty for committing such acts are:

• $2,000 civil fine for each act of fraud or abuse
• Misdemeanor or felony criminal charges

Employer Failure to Secure Workers Compensation Insurance: : In general, an employer with a payroll exceeding $20,000 must secure workers compensation coverage for its employees. The civil penalty for violating this provision is twice the annual premium or $25,000, whichever is greater.

Employer Failure to Timely File Accident Report: Every employer has a duty to report employee accidents within 28 days if the injuries wholly or partially incapacitate the person for more than the day, shift or turn. The civil penalty for repeated violations is a $250 civil find for each violation.

Reporting Fraud

Reports of fraud come into the Fraud and Abuse Section from many sources:

• Anonymous Tips
• Employers and Employees
• General Public
• Insurance Companies
• Kansas Insurance Department

If you believe or have knowledge that a violation of the Workers Compensation Act has occurred or is occurring, you may notify the Division of Workers Compensation, Fraud and Abuse Investigation section by using the online reporting option or downloading the Report of Fraud or Abuse form (K-WC 44) to be submitted. You can also contact:

Workers Compensation Division
Fraud and Abuse Investigation Unit
kdol.wcfraud@ks.gov
401 SW Topeka Blvd, Suite 2
Topeka, KS 66603-3105
(785) 296-4000 (option 3)
(800) 332-0353 (TTY) (option 3)

Online Fraud Reporting (opens via e-mail form)

Fraud or Abuse Report

What is Immunity?

Any person who refers a possibly fraudulent or abusive practice to any state or governmental investigative agency, shall be immune from civil or criminal liability arising from the supply or release of such referral as long as such referral is made in good faith with the belief that a fraudulent or abusive practice has, is or will occur and said referral is not made by the person or persons who are in violation of the workers compensation act, to avoid criminal prosecution or administrative hearings.

Educating the Public

The Kansas Insurance Department's Fraud unit is also available to make presentations to groups about fraud and related issues. To schedule a speaker, please contact the Department's Government and Public Affairs Division at (785) 296-3918 or KID.AntiFraud@ks.gov

Federal regulations mandated by the Health Insurance Portability and Accountability Act (HIPAA) went into effect in 2003. One of the goals of HIPAA is to protect the privacy of health records used and disclosed by covered entities, which include health care providers, health care clearinghouses and health plans. The HIPAA regulations require covered entities to obtain authorization from an individual before disclosing health information about that individual. This authorization requirement does not apply to disclosure of health information for purposes of workers compensation.

The Workers Compensation Exception: The HIPAA regulations specifically allow covered entities to disclose health information as authorized by, and to the extent necessary to comply with, workers compensation laws (45 CFR § 164.512). Kansas workers compensation law and regulations require health care providers to provide health information to employers, insurance carriers and the Director of Workers Compensation without the injured worker's authorization (K.S.A. 44-515; 44-557a, K.A.R. 51-9-10; 51-9-16). Therefore, a health care provider may disclose health information related to a workers compensation claim to the parties involved in the claim, or to the Division of Workers Compensation without the patient's authorization and such disclosure will not violate the HIPAA regulations.

Privacy Notice: HIPAA regulations do require that health care providers develop a privacy notice for patients (CFR 45 § 164.520). The division recommends that such notice include an advice that medical records can be disclosed to employers, insurance companies and the division for purposes of workers compensation claims.

For more detailed information on HIPAA, visit the following websites:

• Department of Health and Human Services Administrative Simplification
• Department of Health and Human Services Disclosures for Workers Compensation Purposes
• Office of Civil Rights Health Information Privacy
• American Medical Association CPT Coding, Billing and Insurance: Health Insurance Portability and Accountability Act

Disclaimer: This page is intended to provide general information about HIPAA regulations, as of the date of writing. Regulations are subject to change. This page does not contain legal advice.

To obtain the authorized signature from the Workers Compensation Division, please contact the Workers Compensation Division. All subpoenas must be requested by OSCAR.

The subpoena will be electronically signed by the Director and be available to view within the system.

The party requesting a subpoena is responsible for ensuring it is properly served.

Would you like one of our professional staff to make a presentation to your group? Please contact Ryan Boswell at Ryan.Boswell@ks.gov from the Workers Compensation Division with your request.

Topics to be covered include:

• General workers compensation issues
• Training for employers
• Insurance carriers, agents and other interested parties

• Medicare Set-Aside Arrangement Reference Guide
• Self-Administration Toolkit for Workers’ Compensation Medicare Set-Aside Arrangements (WCMSAs),Version 1.1, January 5, 2015
• Kansas Commission on Disability Concerns
• Kansas Insurance Department
• Medicare Information Resources
• NCCI Experience Rating Information
• NCCI Residual Market (Assigned Risk) Information
• U.S. Department of Labor, Office of Workers' Compensation Programs (OWCP)

Rehabilitation Resources

• Medical Management Closure Report (K-WC-R 87-7)
• Vendor Referral Report (K-WC-R 93-2)
• IAMC - IAM CREST Vendor Referral Report (K-WC-R 93-2)

For specific Workers Compensation related inquiries, please visit the KDOL Contact page for more information.