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Differences in Workers’ Compensation Cases in Kansas and Missouri

August 25, 2021

Many Kansans work in Missouri and vice versa. But if you are injured on the job, which state’s rules will apply? Technically, you may have the option to file a worker’s compensation claim in either state – but there are pros and cons to take into consideration before deciding where to file your claim.

In this post, we will outline some of the key difference between Kansas and Missouri workers’ compensation laws. But first, we would like to provide some important recommendations if you are injured in the workplace.

Because worker’s compensation claims are subject to strict time limits, you should take the following steps right away if you are injured at work:

  1. Seek medical care,
  2. Report your injury to your employer,
  3. Submit any paperwork required by your employer,
  4. Request a copy of your incident report if one is available,
  5. Keep a list of all witnesses to your injury, and
  6. Contact an experienced worker’s compensation attorney.

At Grissom Miller, we represent injured workers in both Missouri and Kansas. We know that every case is different, and we strive to help our clients select the right state to file their claim to ensure they recover maximum compensation.

Let’s start with a look at Kansas’s Worker’s Compensation laws, then we’ll dive into Missouri’s laws.

Kansas Worker’s Compensation Laws

Kansas law requires employees to notify their employer of an injury within as little as 10 calendar days of the incident that caused injury. However, an employee can file an application for worker’s compensation benefits up to 3 years after the date of the accident.

Virtually all Kansas employers are required to have worker’s compensation insurance coverage unless they are engaged in agricultural business or have less than $20,000 in gross annual payroll. All employees are covered by the employer’s worker’s compensation insurance, whether they are full-time part-time, seasonal, or minors.

Kansas places the following caps on worker’s compensation benefits for injuries sustained in 2021:

  • $687 maximum weekly benefit,
  • $155,000 maximum for permanent total disability,
  • $130,000 for temporary or partial disability,
  • $300,000 for deaths, and
  • $10,000 for funerals.

However, Kansas does allow for claims due to “whole body-based work disabilities.” These claims may lead to greater benefit amounts, up to 90% of the employee’s wages (as opposed to the normal 66.67% of wages for other claims).

Finally, Kansas law allows for $500 in benefits for medical treatments from an unauthorized provider. Although, this allowance cannot be used to obtain a second disability rating.

Missouri Worker’s Compensation Laws

In Missouri, injured workers must report the injury to their employer within 30 days of the incident. However, Missourians have 2 years after the date of injury to file an application for worker’s compensation benefits.

All employers in the construction industry must have worker’s compensation insurance, as well as any employer with at least 5 employees (in any industry). Unlike Kansas, Missouri does not exempt employers with low payrolls from the worker’s compensation requirement – it is based entirely on the number of employees.

Missouri does not have benefit caps like Kansas, but they will also not pay for unauthorized medical treatments or treatments provided by unauthorized physicians.

Finally, Missouri does offer some enhanced benefits for workers that are permanently and totally disable from occupational diseases. The occupational diseases that may qualify for enhanced benefits include:

  • mesothelioma,
  • asbestosis,
  • berylliosis,
  • coal worker’s pneumoconiosis,
  • bronchiolitis,
  • obliterans,
  • silicosis,
  • silicotuberculosis,
  • manganism,
  • acute myelogenous leukemia, and
  • myelodysplastic syndrome.

The Attorneys at Grissom Miller Law Firm Can Help With Your Worker’s Compensation Claim

Our experienced workers’ compensation attorneys can help you get the benefits you deserve.

We can help analyze which state will provide you with better benefits and help maximize your benefits under the law. In both Kansas and Missouri workers’ compensation cases we represent you on a contingency fee basis of 25%.  This means for us to take your case there is no out of pocket expense to you.  We don’t get paid unless you do!

To learn more about worker’s compensation claims, contact us at 816-336-1213 or complete our Kansas workers’ compensation intake form or Missouri workers’ compensation intake form.  Once your form is received, we will reach out to you within 24 hours.