Kansas Workers’ Compensation Insurance

In Kansas, businesses with a gross annual payroll of more than $20,000 must have workers’ compensation insurance.¹ All payroll, whether paid in Kansas or elsewhere, must be included when determining whether an employer must have workers’ comp coverage.²

At businesses where workers’ comp is required, full-time, part-time, seasonal, adult and minor employees must be covered.

Kansas workers’ compensation laws are designed to help protect both employees and employers.

Workers have peace of mind knowing their expenses will be covered in the event of a workplace injury or illness, while business owners can pay reasonable premiums for financial protection rather than being at risk for large, unexpected expenses if an accident occurs.

Generally, workers’ comp insurance covers the following expenses related to a work injury or illness:

• Medical care
• Hospital bills
• Wage replacement
• Disability and death benefits

Who is exempt from Workers’ Compensation insurance in Kansas?

Certain types of employees are exempt from the requirement for workers’ comp, also known as workman’s comp, coverage. These employment categories include:

• Realtors who qualify as independent contractors
• Certain types of agricultural employees
• Firefighters who belong to a firefighters’ relief association that has waived coverage
• Owner-operator vehicle drivers covered by an occupational accident insurance policy

Workers’ Compensation owner’s coverage

In some cases, business owners are exempt from coverage even though they must still provide insurance for their employees if their payroll exceeds $20,000. This includes the following types of owners:

• Sole proprietors
• LLC members
• Partners

Although coverage for themselves isn’t required by law, many of these business owners still choose to get workers’ compensation insurance to minimize their financial risk.

For example, workers’ comp could cover medical expenses and lost wages if an independent hair stylist slips on a wet floor at work and injures their wrist, limiting their ability to work for several weeks during recovery.

Self-insurance for Kansas Workers’ Compensation

Employers have the option to self-insure instead of obtaining a workers’ compensation insurance policy if they can demonstrate their financial ability to pay for any claims that may occur.

Applicants for self-insurance must submit a surety bond or letter of credit to the Kansas Division of Workers’ Compensation in order to qualify.⁴

How does Workers’ Comp work in Kansas?

Employees in Kansas who work for employers with workers’ compensation insurance receive benefits to cover most costs of work-related injuries, such as:

• Medical expenses
• Lost wages
• Vocational rehabilitation
• Permanent injury
• Survivor benefits

Here’s an example of how workers’ comp might be applied in a real-world situation. Imagine that you own a cleaning company, and one of your employees falls and hits their head while loading a floor waxing machine into their work vehicle.

Workers’ comp insurance would cover the costs of emergency transportation and care if they need to be rushed to the hospital, the costs of their follow-up medical care and the income they’ll miss until their doctor gives an approval to return to work.

Workers’ Comp income benefits in Kansas

In addition to coverage for medical treatments, workers’ comp also helps to cover lost wages for qualifying Kansas employees. This includes the following types of disability compensation benefits:

Temporary total disability

The employee is unable to obtain any type of substantial, gainful employment due to their injury while recovering.

Permanent total disability

The employee’s injury permanently prevents them from obtaining substantial, gainful employment.

Permanent partial scheduled impairment

The employee sustains complete or partial loss of a use of a body part, such as an arm.

Permanent partial general disability

The employee sustains complete or partial disability not covered by the above category, such as the loss of use of feet or eyes.

Survivor benefits are also made available when a covered employee’s injury results in death. This includes compensation to whole or partial dependents or heirs as well as burial expenses up to $10,000.

Employer responsibilities for Workers’ Compensation insurance

It’s important for business owners to understand their responsibilities when it comes to coverage for workers’ comp. Kansas employers must comply with the states’ Workers’ Compensation Act by doing the following:⁵

• Notify the Director of Workers’ Compensation within 28 days of notification from an injured employee
• After receiving notice of an injury, provide the following information to the employee:
  • Benefits available under the Workers’ Compensation Act
  • Process for making a claim for benefits
  • Contact information for the person or organization processing claims
  • Assistance available from the Director of Workers’ Compensation

Are there penalties for not having Workers’ Comp coverage?

Employers can face serious penalties for failing to comply with Kansas workers’ compensation laws. Penalties may include:

Failure to secure workers’ compensation: Twice the annual premium or $25,000 (whichever is greater)

Failure to file accident reports with 28 days: $250 for each violation

How much does Workers’ Compensation cost in Kansas?

Insurance carriers look at a number of different things when setting costs (also known as premiums) for workers’ compensation. Kansas employers can expect the following factors to influence their workers’ comp insurance rates:

• The level of risk your employees face at work
• The location of your business
• The size of your payroll
• Past insurance claims

How NEXT Insurance helps Kansas businesses

NEXT provides affordable workers’ compensation insurance designed for small businesses and self-employed workers.

It’s easy to get a quote, review coverage options, purchase insurance and receive your certificate of insurance online — all in just 10 minutes or so.

Start an instant quote online today.

¹ Kansas Workers’ Compensation Division

² Workers Compensation Information for Kansas Employers and Employees

³ Workers’ Compensation FAQs

⁴ Workers’ Compensation Self-Insurance Information

⁵ Division of Workers’ Compensation Practice and Procedure Guide