Getting hurt on the job can be stressful, especially if your employer refuses to report your injury to their workers' compensation insurance. In Kansas, employers are required by law to follow proper procedures when a worker reports a job-related injury. Unfortunately, some employers may try to ignore or avoid their responsibilities to minimize costs or protect their insurance rates.
If you’ve been injured at work and your employer refuses to report it, you still have options to protect your rights and pursue the benefits you deserve. Understanding Kansas workers' compensation laws and knowing the steps to take can help you secure proper medical care, wage replacement, and other necessary support.
What Are Kansas Employers Required to Do After a Workplace Injury?
Under Kansas law, employers must follow specific steps when a worker reports a job-related injury:
- Provide Immediate Medical Assistance: Employers must provide or direct injured employees to appropriate medical care after an injury occurs.
- Report the Injury to Their Insurance Carrier: Employers must notify their workers' compensation insurance provider promptly after learning about a workplace injury.
- File a Report with the Kansas Division of Workers’ Compensation: For injuries requiring medical treatment beyond first aid or resulting in lost work time, employers must file a report (Form K-WC 1101-A) with the Kansas Division of Workers’ Compensation.
Failing to meet these requirements can result in fines and penalties for the employer — but more importantly, it can delay your ability to get the benefits you need.
Why Would an Employer Refuse to Report Your Injury?
Employers may refuse to report an injury for several reasons, including:
- Fearing higher insurance premiums
- Believing the injury isn’t serious enough to require a report
- Claiming the injury didn’t occur at work
- Accusing the employee of exaggerating or faking the injury
- Failing to understand their legal responsibilities
Regardless of their reasoning, your employer cannot legally prevent you from seeking workers' compensation benefits.
What Steps Should You Take If Your Employer Refuses to Report Your Injury?
If your employer refuses to file your workers' compensation claim, follow these steps to protect your rights:
1. Document the Injury and Inform Your Employer in Writing
Even if your employer refuses to report the injury, you must still provide written notice of your injury within 20 days of the incident. Written notice can be in the form of:
- A letter or email describing the injury
- A text message to your supervisor
- A signed statement detailing when, where, and how the injury occurred
Keep a copy of this communication for your records as proof that you notified your employer.
2. Seek Medical Treatment Immediately
Even if your employer refuses to file a claim, you should still seek medical attention as soon as possible. Your health is the top priority, and prompt treatment also provides medical records that can support your claim.
In Kansas, your employer has the right to designate a healthcare provider for your initial treatment. However, if your employer refuses to report your injury, you may need to see a doctor on your own. Be sure to inform the doctor that your injury occurred at work so that it’s properly documented.
3. File Your Claim Directly with the Kansas Division of Workers' Compensation
If your employer refuses to take action, you can bypass them and file your claim directly with the Kansas Division of Workers' Compensation. To do this:
- Complete a WC-Form K-WC E-1 (Application for Hearing) and submit it to the Division of Workers' Compensation.
- Include all relevant details about your injury, employer, and medical care.
- Attach any supporting documents, such as medical records or written proof that you informed your employer about the injury.
The Division will notify your employer’s insurance provider, ensuring your claim is properly filed.
4. Contact a Workers' Compensation Attorney
Dealing with an uncooperative employer can make an already difficult situation even more stressful. An experienced workers' compensation attorney can step in to protect your rights, communicate with the insurance company, and ensure you receive the benefits you’re entitled to.
An attorney can also help gather evidence, represent you during hearings, and challenge any attempts to deny your claim unfairly.
5. Keep Detailed Records
Maintaining organized records is crucial in cases where your employer refuses to cooperate. Keep a file that includes:
- Written proof that you reported your injury
- Medical records and bills
- Pay stubs to document lost wages
- Correspondence with your employer or their insurance company
These documents can serve as valuable evidence when filing your claim or appealing a denial.
What Benefits Can You Receive from Kansas Workers' Compensation?
In Kansas, eligible employees injured on the job may be entitled to the following workers' compensation benefits:
- Medical Coverage: Payment for doctor visits, surgeries, prescriptions, and other treatment costs.
- Wage Replacement: Temporary total disability (TTD) benefits if you’re unable to work during recovery.
- Permanent Disability Benefits: Compensation if your injury results in lasting impairments.
- Vocational Rehabilitation: Assistance if you need training to return to work in a different role.
- Survivor Benefits: Payments to family members if a workplace injury results in death.
Can Your Employer Retaliate Against You for Filing a Claim?
It is illegal for your employer to retaliate against you for pursuing a workers' compensation claim. In Kansas, retaliatory actions such as firing, demotion, or workplace harassment in response to your claim are strictly prohibited.
If you believe your employer has retaliated against you, an experienced attorney can help you take legal action to protect your rights and seek additional compensation for unfair treatment.
Contact Lawyer on the Line Today for Your Workers' Compensation Claim
When your employer refuses to report your workplace injury, it can feel overwhelming — but you are not powerless. Kansas law gives you the right to pursue workers' compensation benefits even if your employer tries to stand in your way.
At Lawyer on the Line, we are dedicated to helping injured workers in Wichita and across Kansas secure the benefits they deserve. If your employer is refusing to report your injury or you’re unsure how to proceed with your claim, contact us today for a free consultation.
