at Kansas State University
Important information for State employees who have been injured while performing their job duties.
All accidents must be reported to your supervisor as soon as possible so that the accident itself may be investigated to prevent recurrence of the event. However, the most important purpose of early reporting is to allow KSU to provide you with prompt medical care. Failure to report an accident could jeopardize a claim for benefits, so report any accident to your supervisor regardless of its severity.
You are entitled to all reasonable medical treatment that may be needed to cure or relieve the effects of the injury or illness. Under the law, the employer has the right to choose the authorized treating physician. The State has contracts with local hospitals and clinics in many areas, including Manhattan. If you work in Manhattan or the surrounding area and are injured or become ill, you are to seek medical care as follows:
A list of authorized medical providers in other areas is available from the Division of Human Resources. For authorized medical care, you will be entitled to mileage when you drive your personal vehicle if the distance is more than 5 miles round trip. A mileage form is available from the Division of Human Resources. If you receive medical care from a provider that is not approved by the State, you will receive unauthorized medical payments limited to $500.
Your medical provider may prescribe certain drugs or other paraphernalia during the course of your treatment. You may purchase prescription drugs from any pharmacy. The pharmacy may allow you to charge the drugs and receive payment from the State, or you may pay for the drugs and be reimbursed by the State. The State Self-Insurance Fund adjuster will assist you with such purchases if you have a problem. Please do not purchase or rent any other items such as electrical stimulators or other hardware until you check with your adjuster. There are contracts for discounted prices on most of these items.
For employees who seek authorized medical care, the law requires the employer to pay an injured worker 2/3rds of the gross average weekly wage subject to a weekly maximum that changes each fiscal year. There is a one week waiting period before benefits are paid. If you are off work three consecutive weeks, you are paid for the first week. The State Self-Insurance Fund will issue you a check for your loss of time in the same manner as you are normally paid. Workers' compensation wage loss payments are not subject to tax. The other 1/3 of your salary will be paid by KSU through the use of your accumulated leave, if available.
If you are off work for 90 consecutive days, you may be entitled to an assessment to determine if you may require assistance in returning to your original job or other work.
As soon as you begin to loose time from your job, your supervisor, Division of Human Resources staff, and the claim adjuster will begin the process of getting you back to work. Your doctor will provide information regarding your physical restrictions. Your restrictions will be reviewed and a determination made if you can return to some form of accommodated duty or shortened hours that do not exceed restrictions. You will be expected to return to work within your restrictions when accommodations are made. As your restrictions are lifted, your accommodations will be altered until you are back to regular duty.
The time away from work for an employee to receive the initial evaluation, care and treatment for a job related injury or illness under the Workers' Compensation Program is not chargeable to the employee's accrued leave credits. Any time away from work after the initial evaluation, care and treatment for a job related injury or illness under the Workers’ Compensation Program, including any follow-up appointments, care or treatment, is charged to the employee’s accrued leave credits in the following order: sick leave, vacation leave, and holiday compensatory time, unless the employee elects, in writing, to use leave credits in a different order or requests to be placed on leave without pay.
Your first source of assistance is the KSU Division of Human Resources staff at 785-532-6277. Another major source is the claim adjuster assigned to your case. You can reach the adjuster at 785-296-2364 in Topeka. The adjuster is a State employee who is interested in you and will see that you receive every benefit to which you are entitled. Another source of free help is the ombudsman program with the Division of Workers’ Compensation in Topeka. They can provide you with advice at 1-800-332-0353. For unresolved disputes between you and the State Self-Insurance Fund there is another mechanism available, known as the benefit review conference which is to be a non-adversarial and informal method of dispute resolution. You can be assisted at the benefit review conference by an ombudsman.
You will hear about settlements from co-workers, friends, and others. However, the best source of information about how claims are settled and how they are valued comes from your claim adjuster. Feel free to ask your adjuster about settlements as your claim progresses. You may also call the Division of Workers’ Compensation ombudsman at the toll-free number 1-800-332-0353. You may be eligible for a settlement if your injury leaves you with a permanent disability. Settlements may be made over time or in a lump sum, but the choice of payment is the adjusterwritten offer of settlement from your adjuster before you consult with an attorney. The attorney is not entitled to receive a fee on that amount. Otherwise, an attorney may charge as much as 25% of your entitlement to temporary or permanent disability payments. The attorney's fee may apply only to those amounts the attorney is able to get that are above the amount offered in writing by the adjustor. For example, if the adjuster offers you $5,000 to settle your claim, but an attorney is able to get a judgment of $7,000, you only pay 25% of $2,000 or $500 in fees rather than $1750 in fees. You saved $1250 in this example by first getting a written offer to settle your case.
If you are aware of unsafe conditions or acts that could be resolved with some attention, please call the KSU Division of Public Safety at 785-532-5856. We are interested in promoting safety in the workplace.
The State occasionally receives reports, usually anonymously, that someone who is off work on workers’ compensation is working another job or participating in activities that would indicate the person could be working. Please report these incidents to KSU Division of Human Resources or directly to the State Self-Insurance Fund.
NOTE:This is strictly a summary of your Workers’ Compensation benefits and responsibilities. More detailed information may be obtained from the State Self-Insurance Fund at (785) 296-2364.
Related KSU Policy and Procedures Manual Chapter: 4820 Insurance Programs