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Nestled in the heart of the Great Plains, Kansas is a testament to the American Midwest's unique charm. From the lively urban hub of Wichita to the serene landscapes of the Flint Hills, the Sunflower State boasts a pioneer spirit.
With a diverse and resilient economy, Kansas provides plenty of opportunities for businesses to thrive. When it comes to safeguarding your business, finding the right workers' compensation insurance is essential.
Workers' compensation is a state-mandated insurance program for employers with one or more employees. It’s designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.
Full and part-time workers are considered employees under Kansas workers’ compensation law.
Without workers’ compensation, the cost of a work-related injured or ill employee’s medical treatment could become the responsibility of your business.
The Kansas Department of Labor Workers’ Compensation Division is responsible for administering the workers’ comp law in Kansas. The law requires employers with one or more employees, with a few exceptions, to be covered by an active workers’ compensation insurance policy.
Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. The Workers’ Compensation Division can approve self-insured requests based on financial status.
Employees can verify online if their employer has coverage.
Policies include protection for full and part-time workers.
Some exemptions from workers’ comp in Kansas may include, for example:
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases that may develop over time due to job conditions.
Kansas workers’ comp insurance provides three types of benefits for work injuries:
The weekly compensation rate is 66 ⅔% of the employee’s average weekly wage, not to exceed 75% of the state’s average weekly wage.
Find more information on Kansas workers’ compensation benefit rates.
In the event of a work-related injury or illness:
Employees in Kansas should report their injury to their employer immediately. Employees must notify their employer by the earliest of the following events:
The employee should immediately seek medical attention.
Once notified of the injury, employers should file a report of the accident within 28 days to their workers' compensation insurance partner.
If the workers’ compensation claim is accepted, an injured employee may begin to receive workers’ compensation benefits, such as lost wages and medical benefits.
Following their recovery, a worker is expected to resume work safely. If an employee is unable to return to their previous position or any other type of work due to their work-related injury, they may be entitled to permanent total disability benefits.
Under Kansas law, it’s the employer’s right to choose the authorized treating physician. If the injured worker seeks treatment from a doctor the employer hasn’t approved, the employer or its insurance company is only liable for up to $500 towards medical bills.
Employers and employees can use the Workers’ Compensation Division’s mediation services to resolve a workers’ comp dispute. Mediation is a means of resolving disputes informally with a third party to facilitate discussion. The mediators work for the Workers’ Compensation Division and have received special training in the mediation process that meets the requirements established by Kansas law.
Workers’ Compensation Judicial Services is only for disagreements regarding workers' compensation benefits. If an employee and employer disagree about workers' compensation benefits, the division's judicial unit provides a forum for promptly resolving the issue.
Generally, employers in Kansas with one or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
Failure to secure workers’ compensation coverage can result in a civil penalty of twice the annual premium or $25,000, whichever is greater.
In most cases, employees in Kansas are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
Generally, independent contractors aren’t covered by workers' compensation insurance in Kansas. Workers' compensation laws typically apply to employees rather than independent contractors.
However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance. The Kansas Department of Labor offers this fact sheet to help avoid misclassification.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.
Employees can verify online if their employer has coverage.