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Employer says I can't file for workmens comp
#1

I was hoping someone here could help me. I slipped in the breakroom at work and hurt my knee. Have not been to doctor. It is red and swollen and hurts to move. My boss says since I was on break and not working that I am not allowed to file workemens comp. That doesn't sound right to me. I am in Kansas. is he right?
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#2

That don't sound right. Have you talked to a lawyer?
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#3

That’s not correct As the employer provided the break room and the time to use it. Comp coverage is not tied to a time clock.

Neither the employer nor employee has the authority to make a determination as to a workers compensation injury. The employer does have a legal obligation to file a report whenever they are notified of a potential claim :

“ Per K.S.A. 44-557, it is the duty of every employer to make or cause to be made a report to the director of any accident, or claimed or alleged accident, to any employee which occurs in the course of the employee’s employment and of which the employer or the employer’s supervisor has knowledge, …..”

They are also required to provide you information on your rights - including the right to appeal:

“ Upon receiving notice of an injury, the employer must provide the employee written information to assist the injured worker in understanding his/her rights and responsibilities in obtaining compensation.”

Contact ombudsman and report the situation :

DIVISION OF WORKERS COMPENSATION – OMBUDSMAN / CLAIMS ADVISORY UNIT
401 SW Topeka Blvd., Ste. 2, Topeka, KS 66603-3105 • Phone (785) 296-4000, (800) 332-0353 • Fax (785) 296-0025

https://www.dol.ks.gov/documents/20121/9...4320837182

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
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#4

Thank you. I will call them.
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#5

(01-11-2022, 12:56 PM)gobsmacked Wrote:  Thank you. I will call them.

Now that i review your post you may have a better alternative.
Since the employer is refusing to invoke their protections under comp law, you can sue the shit out of him in civil court. You get one or the other; he can’t deny you both remedies.

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
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