K.S.A. » Chapter 44
Kansas Statutes Annotated

K.S.A. § 44-520 (2026)

Notice of injury

✓ current as of May 2026
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44-520. Notice of injury. (a) (1) Proceedings for compensation under the workers compensation act shall not be maintainable unless notice of injury by accident or repetitive trauma is given to the employer, either orally or in writing as provided by paragraph (2) or (3), by the earliest of the following dates:

(A) 30 calendar days from the date of accident or the date of injury by repetitive trauma; or

(B) if the employee no longer is employed with the employer against whom benefits are sought, 20 calendar days after the employee's last day of employment with the employer.

(2) Where notice is provided orally, if the employer has designated an individual or department to whom notice must be given and such designation has been communicated in writing to the employee, notice to any other individual or department shall be insufficient under this section. If the employer has not designated an individual or department to whom notice must be given, notice must be provided to a supervisor or manager.

(3) Where notice is provided in writing, notice must be sent to a supervisor or manager at the employee's principal location of employment. The burden shall be on the employee to prove that such notice was actually received by the employer.

(4) The notice, whether provided orally or in writing, shall include the time, date, place, person injured and particulars of such injury. It must be apparent from the content of the notice that the employee is claiming benefits under the workers compensation act or has suffered a work-related injury.

(b) The notice required by subsection (a) shall be waived if the employee proves that:

(1) The employer or the employer's duly authorized agent had actual knowledge of the injury;

(2) the employer or the employer's duly authorized agent was unavailable to receive such notice within the applicable period as provided in subsection (a)(1)(A) or (B); or

(3) the employee was physically unable to give such notice.

(c) For the purposes of calculating the notice period proscribed in subsection (a)(1)(A) or (B), weekends shall be included.

History: L. 1927, ch. 232, § 19; L. 1974, ch. 203, § 25; L. 1993, ch. 286, § 42; L. 2011, ch. 55, § 16; L. 2013, ch. 104, § 11; L. 2024, ch. 27, § 16; July 1.

Notes of Decisions
Cited in 40 cases (5 in the last 5 years), 1926–2024 · leading case: Injured Workers of Kansas v. Franklin, 942 P.2d 591 (Kan. 1997).
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Injured Workers of Kansas v. Franklin, 942 P.2d 591 (Kan. 1997). · cites it 24× “This notice of claim requirement specifically provided: "Proceedings for compensation under the workmen's compensation act shall not be maintainable unless notice of the accident, stating the time and place and particulars thereof, and the name and address of the person injured,…”
KOTNOUR v. City of Overland Park, 233 P.3d 299 (Kan. Ct. App. 2010). · cites it 6× “Did the Board Err in Finding Kotnour Gave Timely Notice of His Injury? The City argues that Kotnour’s claim should be denied because he did not give timely notice of his injury.”
Pike v. Gas Serv. Co., 573 P.2d 1055 (Kan. 1978). · cites it 10× “that plaintiff [claimant] sustained injury or injuries arising out of and in the course of the employment with defendant [respondent] on August 3,1973, and prior thereto; that Notice of Injury, pursuant to K.S.A. 44-520 was not given to the defendant, and therefore, judgment…”
Bausman v. Interstate Brands Corp., 252 F.3d 1111 (10th Cir. 2001). “Kan. Stat. Ann. § 44-520 (requiring ten-day notice of an accident “except that actual knowledge of the accident by the employer or the employer’s duly authorized agent shall render the giving of such notice unnecessary.”
Saylor v. Westar Energy, Inc., 256 P.3d 828 (Kan. 2011). · cites it 3× “Nevertheless, the concurring members opined that the notice was not untimely under K.S.A. 44-520 because there was just cause to extend the notice deadline from 10 days to 75 days.”
Bain v. Cormack Enter., Inc., 986 P.2d 373 (Kan. 1999). · cites it 12× “Bain, gave notice of her work-related accident within the 10 days required by K.S.A. 44-520. Cormack argues that K.A.R.”
Childress v. Childress Painting Co., 597 P.2d 637 (Kan. 1979). · cites it 6× “"( c ) No limitation of time in the workmen's compensation act shall begin to run unless a report of the accident as provided in this section has been filed at the office of the director if the injured workman shall have given his notice of accident as provided by K.S.A. 44-520,…”
Frazier v. Mid-West Painting, Inc., 995 P.2d 855 (Kan. 2000). · cites it 5× “The basis for denial was that claimant failed to give *355 notice of the injury to his employer within the time period required by K.S.A. 44-520. Claimant appealed the denial of disability for his back condition.”
Poff v. IBP, Inc., 106 P.3d 1152 (Kan. Ct. App. 2005). · cites it 2× “However, actual knowledge of the accident by the employer or employer’s duly authorized agent shall render the giving of such notice unnecessary.”
Deeds v. Waddell & Reed Inv. Mgmt. Co., 280 P.3d 786 (Kan. Ct. App. 2012). · cites it 2× “See K.S.A. 2011 Supp. 44-520 (generally requiring notice within 20 days from the date medical treatment is sought) (effective May 15, 2011); K.”
Johnson v. Brooks Plumbing, LLC, 135 P.3d 1203 (Kan. 2006). “44-534 (ALJ “shall proceed, upon due and reasonable notice to the parties, which shall not be less than 20 days, to hear all evidence”; no method specified); but see K.”
Bahr v. Iowa Beef Processors, Inc., 663 P.2d 1144 (Kan. Ct. App. 1983). · cites it 3× “Bahr made her claim on November 26, 1980, and in that claim alternatively claimed compensation by reason of accident or occupational disease. K.S.A.”
Show all 40 citing cases →
— K.S.A. § 44-520(a)(1) — 2 cases
O'Neal v. City of Hutchinson (Kan. Ct. App. 2021).
Lopez v. Nat'l Beef Packing Co. (Kan. Ct. App. 2024).
— K.S.A. § 44-520(a)(1)(A) — 2 cases
Moses v. Weaver (Kan. Ct. App. 2022).
Lopez v. Nat'l Beef Packing Co. (Kan. Ct. App. 2024).
— K.S.A. § 44-520(b)(1) — 2 cases
O'Neal v. City of Hutchinson (Kan. Ct. App. 2021).
Lopez v. Nat'l Beef Packing Co. (Kan. Ct. App. 2024).
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