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Top 10 List of Work Comp Audit Errors
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Kansas Workers Compensation Laws
Workers compensation policy information for the State of Kansas
- State: Kansas
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
- Compulsory: Yes
- Private Insurance: Allowed
- Self-Insurance: Allowed
- State Fund: None
- Assigned Risk: Kansas Workers Compensation Insurance Plan (Assigned Risk Plan)
The Kansas Insurance Commissioner oversees this plan, contact 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: No
- Sole Proprietor: Excluded from coverage/may elect to be included - When included in coverage a sole proprietor work comp payroll of 38,900 is used for rating purposes as of 1-1-8.
- Partners: Excluded from coverage/may elect to be included - When included in coverage a partners work comp payroll of 38,900 is used for rating purposes as of 1-1-8.
- 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 in coverage the corporate officers payroll is banded between 15,600 and 140,400 for rating purposes as of 1-1-7.
- LLC Members: Included in coverage/may elect to be exempt - Treated as a partner.
- 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.
- Overtime: Deducted from payroll, also holiday Pay, vacation pay, and sick pay is excluded provided the records show separately by employee and in summary by classification.
- 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.
- Regulated By:
- Kansas Division of Workers' Compensation
- Department of Labor
- 800 SW Jackson, Suite 600
- Topeka, KS 66612-1227
- Phone: (785) 296-6767
- Toll-free: (800) 332-0353
- http://www.dol.ks.gov/wc/html/wc_ALL.html
- Kansas Department of Insurance
- 420 SW 9th Street
- Topeka, KS 66612-1678
- Telephone 785-296-3071
- 1-800-432-2484 (in Kansas only)
- TTY/TDD 1-877-235-3151
- Fax 785-296-2283
- http://www.ksinsurance.org/
- Workers Compensation Statute:
- Chapter 44, Labor and Industries
- http://Chapter 44 501-565
- Chapter 40, Insurance
- http://Chapter 40, 2108-2110
- Chapter 46, Legislature
- http://Chapter 46, 2401
- Chapter 74, State Boards, Commissions
- http://Chapter 74, 711-719
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- 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. 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) 999-6948
Fax: (573) 447-4998
email: rks@workcompconsultant.com
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