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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


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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