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KS · Workers' compensation

Kansas Workers' Compensation Insurance

Who must carry coverage in Kansas, how owners and officers are treated, what happens if you go without it, and how to compare carriers.

Kansas is unusual in that it doesn't set an employee-count threshold; instead, non-agricultural employers must carry coverage once gross annual payroll exceeds roughly $20,000, and agricultural labor is excluded from that payroll calculation. Construction employers are an exception to the payroll test: they must carry coverage regardless of payroll size.

Who must carry coverage in Kansas

Kansas is unusual in that it doesn't set an employee-count threshold; instead, non-agricultural employers must carry coverage once gross annual payroll exceeds roughly $20,000, and agricultural labor is excluded from that payroll calculation. Construction employers are an exception to the payroll test: they must carry coverage regardless of payroll size. Employers below the payroll threshold can still elect coverage voluntarily, and many small Kansas businesses do so for the added liability protection. See the Kansas Department of Labor's workers' compensation overview.

Owners, officers, LLC members

Sole proprietors, partners, and LLC members are generally exempt from mandatory coverage on themselves but may elect to be included in the business's policy if they want it. Corporate officers and other owner-employees should confirm their specific status with their carrier, since Kansas's payroll-based threshold structure changes how owner coverage typically gets handled compared to states that use a strict headcount rule.

Independent contractors and subcontractors

Kansas expects a genuine independent-contractor relationship to hold up to scrutiny, and the Director of Workers Compensation cannot fine a self-employed subcontractor for failing to insure themselves personally, but that protection doesn't extend to any employees the subcontractor hires. A hiring business should collect a current certificate of insurance from subcontractors before work begins to avoid being treated as the statutory employer of an uninsured sub's workers.

Penalties for going without coverage

An employer who knowingly and intentionally fails to secure required coverage can be charged with a Class A misdemeanor. Separately, the Director may assess a civil penalty against a knowing and intentional violation equal to the greater of twice the annual premium the employer would have paid if properly insured, or $25,000, with any final action reviewable in Shawnee County district court (K.S.A. 44-532). Failing to secure coverage or report a workplace accident can also lead to business closure.

What injured workers receive

Injured workers receive necessary medical treatment with no dollar cap. Temporary total disability is paid at two-thirds of the worker's average weekly wage, capped at 75% of the statewide average weekly wage (the maximum was $835 per week for the period from July 1, 2024 through June 30, 2025, and is updated annually) with a separate overall dollar cap on total temporary total disability benefits per claim. Permanent disability and death benefits are calculated separately under Kansas's benefit schedule.

How workers' comp is bought in Kansas

Kansas is a competitive market state rated by NCCI, so our agency can compare coverage across the many private carriers writing business here. There is no Kansas state-run workers' comp fund; employers who can't find a voluntary carrier are placed through the NCCI-administered assigned risk plan. Because Kansas ties its coverage requirement to payroll dollars rather than headcount, and carves out a mandatory rule for construction regardless of payroll, it's worth having an agent confirm exactly where a growing business sits relative to the $20,000 threshold each year.

Rating bureau

National Council on Compensation Insurance

Visit NCCI

Uses NCCI class codes.

Regulator

Kansas Department of Labor, Division of Workers Compensation

785-296-4000

Visit the regulator

Popular class codes

Class codes describe the work your employees perform and drive how payroll is rated. Browse the groups below or search the full lookup.

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Kansas workers' comp questions

How many employees does a Kansas business need before workers' comp is required?

Kansas doesn't use an employee-count rule; instead, coverage is required once a non-agricultural employer's gross annual payroll exceeds roughly $20,000, with construction employers required regardless of payroll.

Do small Kansas businesses under the payroll threshold ever carry coverage?

Yes, many do voluntarily, since coverage protects the business from a direct lawsuit even when it isn't legally required yet.

Are Kansas LLC members automatically covered?

No. LLC members, partners, and sole proprietors are generally exempt from mandatory coverage on themselves but can elect to be included in the policy if they want it.

What happens if a Kansas employer doesn't carry required coverage?

A knowing and intentional failure can be charged as a Class A misdemeanor, and the state can assess a civil penalty of the greater of twice the annual premium owed or $25,000.

How much does an injured worker get paid in Kansas?

Generally two-thirds of average weekly wage, capped at 75% of the statewide average weekly wage, which the state updates each year.

Is there a Kansas state fund for workers' comp?

No. Kansas doesn't operate its own fund; coverage is placed through the competitive private market or the NCCI-administered assigned risk plan for harder-to-place risks.

Last reviewed · Reviewed by Provident Financial Group licensed agents

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One application goes out to every carrier we can access for your class of business. You get a ranked comparison you can review and purchase online — with a licensed agent available whenever you want one.

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