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

K.S.A. § 44-557 (2026)

Employer's duty to report accidents; civil penalty for failure to report; recovery of penalties

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44-557. Employer's duty to report accidents; civil penalty for failure to report; recovery of penalties. (a) It is hereby made the duty of every employer to make or cause to be made a report to the director of any accident, or claimed or alleged accident, to any employee which occurs in the course of the employee's employment and of which the employer or the employer's supervisor has knowledge, which report shall be made upon a form to be prepared by the director, within 28 days, after the receipt of such knowledge, if the personal injuries which are sustained by such accidents, are sufficient wholly or partially to incapacitate the person injured from labor or service for more than the remainder of the day, shift or turn on which such injuries were sustained.

(b) When such accident has been reported and subsequently such person has died, a supplemental report shall be filed with the director within 28 days after receipt of knowledge of such death, stating such fact and any other facts in connection with such death or as to the dependents of such deceased employee which the director may require. Such report or reports shall not be used nor considered as evidence before the director, any administrative law judge, the board or in any court in this state.

(c) The repeated failure of any employer to file or cause to be filed any report required by this section shall be subject to a civil penalty for each violation of not to exceed $250.

(d) Any civil penalty imposed by this section shall be recovered, by the assistant attorney general upon information received from the director, by issuing and serving upon such employer a summary order or statement of the charges with respect thereto and a hearing shall be conducted thereon in accordance with the provisions of the Kansas administrative procedure act, except that, at the discretion of the director, such civil penalties may be assessed as costs in a workers compensation proceeding by an administrative law judge upon a showing by the assistant attorney general that a required report was not filed which pertains to a claim pending before the administrative law judge.

History: L. 1927, ch. 232, § 54; L. 1955, ch. 250, § 11; L. 1957, ch. 293, § 7; L. 1967, ch. 280, § 12; L. 1970, ch. 190, § 10; L. 1974, ch. 203, § 43; L. 1980, ch. 146, § 13; L. 1993, ch. 286, § 59; L. 2000, ch. 160, § 16; L. 2013, ch. 104, § 14; April 25.

Notes of Decisions
Cited in 12 cases, 1959–2011 · leading case: Childress v. Childress Painting Co., 597 P.2d 637 (Kan. 1979).
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Childress v. Childress Painting Co., 597 P.2d 637 (Kan. 1979). · cites it 28× “44-510e and K.S.A. 44-557. The pertinent provisions of those statutes, slightly but not materially modified, are now contained in K.”
Poff v. IBP, Inc., 106 P.3d 1152 (Kan. Ct. App. 2005). · cites it 5× “Poff attempts to extend the time limitation for providing a written claim for compensation to 1 year because of IBP’s failure to file an accident report with the Director pursuant to K.S.A. 44-557. K.S.A. 44-557(a) requires every employer to report any accident “if the personal…”
Morgan v. Inter-Collegiate Press & Home Ins., 606 P.2d 479 (Kan. Ct. App. 1980). · cites it 5× “K.S.A. 1979 Supp. 44-557 must be applied in light of its obvious purpose of encouraging recognition of claim-producing accidents so that injured employees may be notified of their rights to compensation.”
Moody v. LW Tyler, 297 N.W.2d 179 (S.D. 1980). · cites it 2× “NOTES [1] Kan.Stat.Ann. § 44-557 (1973). [2] Kan.Stat.”
Childress v. Childress Painting Co., 590 P.2d 1093 (Kan. Ct. App. 1979). · cites it 24× “The report was undeniably filed after the twenty-eight day period established by K.S.A. 1978 Supp. 44-557 for filing such a report.”
Lawrence v. Cobler, 915 P.2d 157 (Kan. Ct. App. 1996). · cites it 5× “44-520a and K.S.A. 44-557(c). Lawrence appealed to this court.”
Wilson v. Santa Fe Trail Transp. Co., 347 P.2d 235 (Kan. 1959). · cites it 2× “Respondent argues, however, that in those cases the court was dealing with a procedural statute, but the amendments to Section 44-557 are changes in the substantive law, and are punitive, calling our attention to the fact this is a criminal statute.”
Asp v. McPherson Cnty. High. Dep't, 388 P.2d 652 (Kan. 1964). · cites it 4× “The Director is of the opinion that the longest period of time during which a claimant may file a claim for compensation is one year following the date of accident or one year following the last payment of compensation, and that this is possible only in those cases where the…”
Ruddick v. Boeing Co., 949 P.2d 1132 (Kan. 1997). “Review of the Board’s decision by the appellate courts is in accordance with the Act for Judicial Review and Civil Enforcement of Agency Actions (Act), K.”
Dexter v. Wilde Tool Co., 365 P.2d 1092 (Kan. 1961). · cites it 2× “1949, Section 44-557, as amended, limitation of time for serving written claim for compensation was and is tolled and the time for instituting these proceedings extended to one year from the last payment of compensation; that last payment of compensation was made in January,…”
Nilges v. State, 266 P.3d 587 (Kan. Ct. App. 2011). · cites it 33× “K.S.A. 44-557 states in relevant part: “(a) It is hereby made the duty of eveiy employer to make or cause to be made a report to the director of any accident, or claimed or alleged accident, to any employee which occurs in the course of the employee’s employment and of which the…”
Burnside v. Cessna Aircraft Co., 951 P.2d 1315 (Kan. Ct. App. 1998). · cites it 3× “In Childress , the court interpreted K.S.A. 1978 Supp. 44-557(c). The current version of K.”
K.S.A. § 44-557(a): 4 cases
Poff v. IBP, Inc., 106 P.3d 1152 (Kan. Ct. App. 2005). “Poff attempts to extend the time limitation for providing a written claim for compensation to 1 year because of IBP’s failure to file an accident report with the Director pursuant to K.S.A. 44-557. K.S.A. 44-557(a) requires every employer to report any accident “if the personal…”
Morgan v. Inter-Collegiate Press & Home Ins., 606 P.2d 479 (Kan. Ct. App. 1980). “K.S.A. 1979 Supp. 44-557 must be applied in light of its obvious purpose of encouraging recognition of claim-producing accidents so that injured employees may be notified of their rights to compensation.”
Childress v. Childress Painting Co., 597 P.2d 637 (Kan. 1979). “44-510e and K.S.A. 44-557. The pertinent provisions of those statutes, slightly but not materially modified, are now contained in K.”
Nilges v. State, 266 P.3d 587 (Kan. Ct. App. 2011). “K.S.A. 44-557 states in relevant part: “(a) It is hereby made the duty of eveiy employer to make or cause to be made a report to the director of any accident, or claimed or alleged accident, to any employee which occurs in the course of the employee’s employment and of which the…”
K.S.A. § 44-557(c): 7 cases
Childress v. Childress Painting Co., 597 P.2d 637 (Kan. 1979). “44-510e and K.S.A. 44-557. The pertinent provisions of those statutes, slightly but not materially modified, are now contained in K.”
Poff v. IBP, Inc., 106 P.3d 1152 (Kan. Ct. App. 2005). “Poff attempts to extend the time limitation for providing a written claim for compensation to 1 year because of IBP’s failure to file an accident report with the Director pursuant to K.S.A. 44-557. K.S.A. 44-557(a) requires every employer to report any accident “if the personal…”
Lawrence v. Cobler, 915 P.2d 157 (Kan. Ct. App. 1996). “44-520a and K.S.A. 44-557(c). Lawrence appealed to this court.”
Morgan v. Inter-Collegiate Press & Home Ins., 606 P.2d 479 (Kan. Ct. App. 1980). “K.S.A. 1979 Supp. 44-557 must be applied in light of its obvious purpose of encouraging recognition of claim-producing accidents so that injured employees may be notified of their rights to compensation.”
Childress v. Childress Painting Co., 590 P.2d 1093 (Kan. Ct. App. 1979). “The report was undeniably filed after the twenty-eight day period established by K.S.A. 1978 Supp. 44-557 for filing such a report.”
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