2020 Analysis of Workers' Compensation Laws - 101

Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction

Administration

Indiana

Workers'
Compensation
Board

Iowa

Notice to
Employer

2020 Analysis of Workers' Compensation Laws | 101

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

In writing
as soon as
practicable;
excusable;
compensation
may accrue
from date of
notice if given
after 30 days.

Within two years after injury
or death. Radiation-two
years after worker knows or
should have known relation
to employment.

By agreement, after seven days
from injury or at any time after
death, subject to approval of
board. Disputed cases settled by
board member on application.

Judgment in Circuit
Court on certified
copy of agreement
or award;
preference rights of
unpaid wages

By full board within 30 days
after award

By board on application
or own motion, within
two years after last day
on which compensation
is paid

Subject to approval of board.
Limits on fees in recoverability
in third-party suits, basing fees
on amounts actually repaid
to insurer or employer. Fees
paid out of award unless bad
faith by employer or lack of
diligence, in which case paid
by employer. Minimum fee is
$200.

Division of
Workers'
Compensation

Within 90
days after
injury unless
employer
has actual
knowledge

Within two years after injury
or three years after last
weekly payment.

Compensation without award
except in contested cases,
but claim may be settled by
agreement, subject to approval
of Workers' Compensation
Commissioner.

Judgment in
District Court on
filing certified copy
of agreement or
decision

By commissioner from
decision of Deputy
Commissioner within 20 days

By commissioner
within three years from
last payment, award,
or noncommuted
settlement

Fixed by written contract
between parties.

Kansas

Division of
Workers'
Compensation

The earliest
of 20 calendar
days from
the DOA or
from seeking
medical
treatment, or
10 calendar
days from
the last day
worked if
no longer
employed.

Notice may be given orally
or in writing to employer's
designated individual or
department. If no designated
individual or department,
notice must be provided to a
supervisor or a manager.15

By agreement, disputed cases
settled by ALJ after hearing,
subject to appeal to Workers'
Compensation Board.

 

Appeal to Workers'
Compensation Board must
be filed within 10 days of
decision by ALJ.

By ALJ, before final
payment and within one
year of prior approval on
application

Fixed by written contract.
Maximum of 25% of
compensation recovered
as a result of attorney's
involvement.

Kentucky

Department of
Workers' Claims

In writing
as soon as
practicable;
excusable

Within two years after
accident, death, or last
voluntary income benefit
payment. Limits toll during
minority or incapacity.

By agreement, subject to
approval by ALJ. Disputed cases
settled by an ALJ in a de novo
proceeding.

Judgment in Circuit
Court on filing
certified copy of
award approved
agreement

Initial appeal from ALJ is to
the Workers' Compensation
Board within 30 days. Petition
for reconsideration of any
patent error required within
14 days of ALJ's decision
and necessary prior to appeal
to Workers' Compensation
Board.

By ALJ at any time,
on application or own
motion16

For contracts entered into on
or after 7/14/18, plaintiff's
attorney fee is 20% of first
$25,000, 15% of next $25,000,
and 10% of remainder of the
award up to a maximum fee
of $18,000. Maximum fee for
employer's attorney is $18,000.

Louisiana

Office of
Workers'
Compensation
Administration

Within 30 days
(12 months
if employer
fails to post
requirements);
excusable

Within one year after
accident, death, or last
payment; if injury has a
delayed development, then
one year from time injury
develops, but in no cases
more than two years from
date of accident.

By agreement, subject to
approval of ALJ.17

Approved
settlement entered
as judgment

No review by agency or
District Court; appeals go to
Court of Appeals.

By Workers'
Compensation judge or
any time by agreement

Subject to Workers'
Compensation judge's
approval; maximum 20% of all
amounts received.
2020 Analysis of Workers' Compensation Laws

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