Workers’ Compensation Insurance Policy & Law in Kansas

How is workers’ compensation insurance defined in Kansas?

According to the Kansas Department of Labor, workers’ comp is an insurance policy that is provided by the employer to pay employee benefits for job-related injuries, disability, or death. Benefits are paid at the employer’s expense, and coverage begins on the first day on the job. 

In Kansas, do all employees have to carry workers’ comp?

For the most part, all Kansas employers are required by law to provide workers’ comp insurance for all of their employees. As always, there are a few fairly standard exceptions to this law, including:

  • Workers in some agricultural businesses 
  • Businesses with a gross annual payroll of $20,000 or less (this includes total payroll, even that paid outside of Kansas)
  • Realtors working as independent contractors
  • Some firefighters (find out if you are part of a relief union that has waived coverage!)
  • Some vehicle drivers (specifically, drivers that own their own vehicle and are covered under a separate form of insurance)

In many cases, such as those operating in an ownership capacity of any kind, while you may not be legally required to include yourself in your business’ coverage, you are still eligible to do so. As with all things relating to insurance, more coverage is usually better.

Not sure if you are required to provide coverage? Don’t hesitate to contact us and get clarity. Never assume that your business is exempt, as the penalties for being uninsured can be steep.

What are the penalties in Kansas for not having workers’ comp coverage?

If your business is found to be operating without workers’ comp insurance, in addition to paying for all the expenses associated with a workplace accident, you could find yourself subject to a civil penalty of $25,000 or double the cost of your yearly premiums. Given the average costs of insurance coverage per employee in Kansas, and that sort of penalty could be a major blow to your business, and one that is entirely avoidable. You can see a comparison of other states’ workers’ comp insurance costs here

In addition to the penalties above, in some cases the state will shut down a business for failure to comply with workers’ comp laws. 

What are a Kansas employer’s responsibilities when an accident occurs?

Per Kansas law, every employer is required to make a record of incidents that occur in the workplace and submit that claim to their insurance provider within 28 days — take a look here at why sooner is always better when filing claims. 

In general, it is best to take detailed records where any injury or illness takes place in the workplace, but ultimately not every report will need to be submitted. For Kansas businesses, claims need only be made if the person involved is considered incapacitated, which in this case means prevented from performing the duties of their job. It does not take much to meet this qualification, though. Anything longer than the initial day or shift of the incident qualifies as this sort of incapacitation. 

What are workers’ comp death benefits in Kansas?

In addition to the usual benefits provided by workers’ comp — payouts of lost wages, coverage of hospital bills and other medical expenses — Kansas workers’ comp provides death benefits in case of untimely death in the workplace. Benefits are based on 67% of the deceased’s weekly wages, with a minimum benefit equal to 50% of the state’s average weekly wage. The deceased worker’s benefits will be paid at first in a lump sum of $60,000 to their spouse and any dependents. Total benefits will not exceed $300,000, with one exception for dependents. 

Unmarried children are considered dependent if under the age of 18 on the date of the death. Children between 18 and 23 are also considered dependent children if they are physically or mentally incapacitated, attending college, or receiving vocational education. Even if the benefits exceed the statutory limit as determined by the law at the time of the accident, dependent children can continue to receive compensation until they are 18 years old.  

Additionally, under Kansas workers’ comp law, employers or their insurance providers must pay funeral expenses as part of the death benefits, up to $5,000. 

How much does workers’ comp insurance cost in Kansas?

While the coverage provided by workers’ comp insurance will generally be consistent across the board, the cost per employee will vary for the business owner, depending mostly on your industry. On the whole, clerical jobs pay a lower premium while costs are higher for jobs with higher physical risks.  

Several factors unique to your business will contribute to your exact insurance premiums. 

Some of these factors include: 

  • The type of service your business provides
  • The value of your business property, including any equipment or supplies
  • The annual revenue of your business
  • The location of your business
  • The number of employees your business employs

At Cerity we work with over a hundred different industries; to find your type of business and see more information specific to you, click here

As a general rule of thumb, when it comes time for your visit from the insurance assessors, if you are able to demonstrate a safe work environment, thorough precautionary training, and other risk management best practices, you will be able to cut down further on your premiums. 

Where Can I Get Workers’ Compensation For My Kansas Business?

We offer workers’ compensation to businesses no matter where you are in Kansas. If you are located near the Cherokee Strip, High Plains, or Flint Hills, we’ll help you protect your Kansas employees.

If you need workers’ comp coverage for your Kansas business, you can purchase a policy through any private insurance company, agent, or broker that is licensed to operate in the state. So even if you aren’t in any of the following cities, know that we can still help you:

  • Wichita
  • Overland Park
  • Kansas City
  • Topeka
  • Olathe

Where can I get workers’ comp for my Kansas business?

At Cerity, we believe getting workers’ compensation coverage for your Kansas businesses should be easy. That’s why we’ve created a faster, more affordable approach to workers’ comp insurance coverage. With our proprietary tools and modern technology, we’re able to provide insurance quotes quickly — all without phone calls or paperwork. 

Check out our free business insurance quote tool online to get a free quote and find out how easy protecting your business can be. 

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Grab your free quote today.

It only takes a few minutes, whether you’re already covered or just getting started.


The information provided is intended to provide a general overview. This information is not legal advice and should not be relied on as such. Cerity® makes no warranties for the accuracy, adequacy, or completeness of the information provided, and will not be responsible for any actions taken based on the information contained herein. If you have legal questions or need legal advice, please consult an attorney.