Kansas workers' compensation insurance: Your ultimate resource

Who is covered?

Policies include protection for full and part-time workers.

Some exemptions from workers’ comp in Kansas may include, for example:

• Certain agricultural pursuits
• Employers with payrolls of $20,000 or less
• Realtors who qualify as independent contractors
• Firefighters belonging to a firefighter’s relief association which has waived coverage under the workers’ compensation law
• Sole proprietors, LLC members and partners 
• Particular owner-operator vehicle drivers covered by an occupational accident insurance policy

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Covered injuries and illnesses

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. 

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Benefits provided

Kansas workers’ comp insurance provides three types of benefits for work injuries:

• Medical benefits
• Lost wages 
• Death benefits

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These benefits include:

• Medical treatment for work-related accidents, injuries and/or illnesses 
• Temporary disability benefits 
• Permanent disability benefits
• Survivor and funeral benefits

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Kansas workers’ compensation rates

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.

Filing a workers' compensation claim

In the event of a work-related injury or illness: 

Step 1: Employee reports injury to employer 

Employees in Kansas should report their injury to their employer immediately. Employees must notify their employer by the earliest of the following events:

• Twenty days from the date of the accident
• Twenty days from medical treatment if still working for the employer 
• Ten days after the last day worked if no longer employed by the employer

Step 2: Seek medical care

The employee should immediately seek medical attention. 

Step 3: Employer reports injury

Once notified of the injury, employers should file a report of the accident within 28 days to their workers' compensation insurance partner.‍

Step 4: Receive benefits

If the workers’ compensation claim is accepted, an injured employee may begin to receive workers’ compensation benefits, such as lost wages and medical benefits.

Step 5: Return to work

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.

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Choosing a healthcare provider 

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. 

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Compensation for missed work

If an employee is off work:

• Less than seven days: They are not eligible for temporary disability payments. 
• More than seven but less than 21 days: They are eligible for lost time benefits beginning on the fourth day. 
• More than 21 days: They are eligible for benefits retroactive to the first day they stopped work.   

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Resolving disputes

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.