Workers compensation laws, rules and policy information for the State of Kansas



Related Pages: More About Kansas Rules

State: Kansas

Updated: 03-1-2018

Authority/State Rating Bureau: NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362
800-622-4123

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: There is no state fund

Assigned Risk: Kansas Workers Compensation Insurance Plan (Assigned Risk Plan)
The Kansas Insurance Commissioner oversees this plan.

Assigned Risk Contact Information: The Kansas Insurance Commissioner at:

Kansas Insurance Department
420 SW 9th Street
Topeka, Kansas 66612-1678
Phone: 1-800-432-2484 or 785-296-3071

Numerical Exceptions: None. Kansas law requires all employers except those in certain agricultural areas or those with gross annual payroll of less than $20,000. All payroll, including executive officers, is considered in this rule, including that paid in Kansas or elsewhere. However, if the Kansas employer is a sole proprietor or a partnership, wages paid to the owners and any owners family members are not used in the computation of the $20,000.

Individual Waivers Allowed: Refer to the below Special Notes Section – HB 2134 – Affidavit of Exempt Status

Small Deductible Program Details:
Allowed: Yes – However it is optional that insurance carriers make available
Deductible Range: $100 – $10,000
Type: Medical and Indemnity
Effect on Experience Rating: Net
Available In: Voluntary and Residual Markets
To Learn More About How Deductible Programs Work

Sole Proprietor: Excluded from coverage/may elect to be included. If included the rating payroll used is $38,500 per year as of 1-1-2012, $39,500 as of 1-1-2013, $40,700 as of 1-1-2014, $40,200 as of 1-1-2015, $42,300 as of 1-1-2016. $43,500 as of 1-1-2017. $43,700 as of 1-1-2018.

Partners: Excluded from coverage/may elect to be included. If included the rating payroll used is $38,500 per year as of 1-1-2012, $39,500 as of 1-1-2013, $40,700 as of 1-1-2014, $40,200 as of 1-1-2015, $42,300 as of 1-1-2016. $43,500 as of 1-1-2017. $43,700 as of 1-1-2018.

Corporate Officers: Included in coverage/may elect to be exempt, see note. Note: Corporate officers with less than a 10% ownership position in their company are treated as regular employees, and must be included for coverage. Corporate officers with a 10% or greater ownership position in the company are also treated as employees. However they can elect to exclude themselves from coverage. If included the minimum weekly payroll used for rating is $750 and the maximum is $3,000 as of 1-1-2012 and remains the same for 1-1-2013. $800 / $3,100 as of 1-1-2014. $800 / $3,200 as of 1-1-2015. $800 / $3,300 as of 1-1-2016. $850 / $3,300 as of 1-1-2017. $850 / $3,400 as of 1-1-2018.

LLC Members: Excluded from coverage/may elect to be included – Treated as a partner.

Kansas Forms used for Election or Rejection of Coverage: Kansas Notice of Election or Rejection Forms

Notes About Forms: Be sure to check with your insurance company for additional forms they may use.


Contractors: Independent contractors with no employees may choose to exempt themselves from carrying workers compensation insurance. However, if they do employ workers, once their total gross payroll exceeds $20,000, they must provide workers compensation insurance benefits to their employees.

Special Notes: In Kansas family members who are not true owners of the company or who do not meet the 10% ownership test for corporations must be included in the coverage. They cannot elect to be excluded.

Effective 05-15-11, Workers’ Compensation Act – HB 2134 – Affidavit of Exempt Status – When this affidavit is used by persons who are not required to be covered by workers compensation in Kansas, properly completed and given to any individual or company, it releases the party receiving the affidavit from any responsibility of workers comp claims made by the individual providing the affidavit. The affidavit must be properly completed. The affidavit must be on a form prescribed by the Kansas Department of Insurance and HB 2134 requires the form to be available on the Kansas Department of Insurance website. The affidavit must be notorized. Providing false information on a properly completed affidavit is a misdemeanor with a fine up to $1,000.

You can find a copy of the Kansas Affidavit of Exempt Status by following this link: Kansas Affidavit of Exempt Status

Experience Rating Eligibility: Employers in Kansasa become eligible for an experience modification rate or EMR when they meet one of these parameters:

  • $6,000 in policy premium is generated during the last year or last two years.
  • $3,000 is the average policy premium generated for more than two years.

Kansas Workers Compensation Subrogation:  44-504 is the Kansas State Statute where you’ll find information about subrogation of workers comp. Kansas Statute 44-504 is entitled “Remedy against negligent third party; employer and workers compensation fund subrogated, exclusion; credits against future payments; limitation of actions; attorney fees.” We’ve provided the link below as a method for you to access this code. Simply click on the link and you will be taken directly to the Kansas statute about subrogation.

Kansas Subrogation Statute
 
Treatment of Kansas Workers Working In Other States; Other States Workers Working In Kansas, Extraterritorial, Reciprocity and Non-Compliance:  If Kansas workers are working temporarily in another state, then workers compensation coverage for that worker is governed by the extraterritorial provisions found in Kansas statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. Reciprocity governs coverage for a worker from another state who is working temporarily in Kansas. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. Kansas must be specifically listed as a covered state on the workers compensation policy and out of state employer coverage may be acceptable while operating within Kansas as long as an all states endorsement is shown on the policy and it is issued from an insurance company licensed to provide workers comp in Kansas. We’ve provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!

  • Extraterritorial:
    • Provisions: Yes
    • Duration: Restrictions Apply
  • Reciprocity:
    • Allowed: No
  • Specific Statute or Reference: 44-506
  • For More Information Contact: Kansas Division of Workers Compensation, Compliance Section 800-332-0353.




Regulated By: Kansas Division of Workers’ Compensation

Department of Labor
800 SW Jackson, Suite 600
Topeka, KS 66612-1227
785-296-6767 or 800-332-0353
Kansas Workers Compensation

Workers compensation statute can be found here:

Workers Compensation Statute – Kansas

________________________________

Didn’t find what you’re looking for?
Use the site search or just drop us an email to find out more about Kansas workers compensation laws and rules or our website, blog and services.
________________________________

 
Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
 

Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (573) 489-8323
Fax: (573) 447-4998
Click to Email