How Long Does an Employer Have to Hold a Job for Someone on Workers’ Compensation?

How Long Does an Employer Have to Hold a Job for Someone on Workers’ Compensation?

By Pyle Law, Reviewed by E. Thomas Pyle August 08 2024 3:35 pm

Getting hurt at work can be a frightening experience, and you might be concerned about your health, your job security, and how you’ll manage to pay your bills. If you wonder how long does an employer have to hold a job for someone on workers’ compensation and if you or a loved one have been injured on the job, a Kansas workers’ compensation attorney will guide you through the process, ensuring you receive the benefits and support you deserve.

Overview of Workers’ Compensation Laws in Kansas

Workers’ compensation is a system that helps people who get hurt at work. In Kansas, most employers have to have workers’ compensation insurance. 

This insurance pays for:

• Medical care for your work injury
• Part of your wages if you can’t work because of the injury
• Money for permanent injuries

If you get hurt at work, tell your boss right away. You have 30 days to report the injury unless you are no longer employed with the employer and then you have 20 days. Your employer should then tell their insurance company. The insurance company will decide if you can get workers’ compensation benefits.

How Long Can You Be Out on Workers’ Comp in Kansas?

In Kansas, there’s no set time limit for how long you can be on workers’ comp. It depends on your injury and how long it takes you to get better. Your doctor will decide when you’re well enough to go back to work.

While you’re healing, you might get:

• Temporary total disability benefits: These are for when you can’t work at all.
• Temporary partial disability benefits: These are for when you can do some work but not your full job.
• Medical mileage: These are for when you travel more than 5 miles roundtrip to see your authorized treating provider.

These benefits usually last until your doctor says you’re as good as you’re going to get. This is called maximum medical improvement.

Does Your Employer Have to Hold Your Job While You Are on Workers’ Compensation?

In Kansas, the law doesn’t say your employer has to keep your job open for you. But there are some protections:

• Your employer can’t fire you just because you filed for workers’ comp. That’s against the law.
• If you can still do your job with some changes, your employer should try to help you come back to work.
• If you can’t do your old job, your employer might offer you a different job that you can do.

Even though the law doesn’t make your employer keep your exact job open, many employers do. They know it’s often better to keep good workers than to hire and train new ones.

What Happens If Your Employer Tries to Violate Workers’ Compensation Laws?

Sometimes, employers don’t follow the rules. They might:

• Try to stop you from filing a workers’ comp claim
• Fire you for getting hurt at work
• Not report your injury to their insurance company

If your employer does any of these things, they’re breaking the law. You have the right to:

• File a complaint with the Kansas Department of Labor
• Sue your employer for wrongful termination if they fire you for filing a claim
• Get help from a lawyer who knows about workers’ compensation laws

Seek the Experience of a Kansas Workers’ Compensation Lawyer

If you’re having trouble with your claim or your employer, don’t be afraid to speak up. Talk to our Pyle Law workers’ compensation lawyer for help. We can explain your rights and help you get the benefits you deserve. Call us at 620-241-9000 or contact us online for a free consultation.